Terms and Conditions
§ 1
General provisions
1. The Regulations specify the rules of making purchases in the Shop.
2. The following terms have the following meaning in these Terms and Conditions:
a. Working days - all weekdays from Monday to Friday, excluding public holidays
b. Customer - a person using the Store, being a natural person having full legal capacity (i.e., as a rule, over 18 years of age), a legal person or an organizational unit, not being a legal person to whom the Act grants legal capacity.
c. Consumer - a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity (Article 221 of the Civil Code).
d. Customer Account - a collection of information about the Customer, as well as about activities performed by the Customer within the framework of the Store (including: customer data used to process orders placed, history of orders, customer preferences concerning selected functionalities of the Store, data concerning payments and overpayments for orders, etc.).
e. Regulations - these regulations.
f. Shop or online shop - an online shop at www.bubi.cool run by the Seller, through which the Seller offers goods to customers;
g. Seller - Iga Sylwestrzak Design based in Bielsko-Biała, ul. prof. dr. Mieczysława Michałowicza, no. 52, 43300 Bielsko Biała, NIP 547-210-55-42, Regon: 384425816, Tel/fax +48 534 283 469, email: biuro@bubi.cool;
h. Durable medium - material or tool enabling the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored (Article 2(a), (b), (c), (d) and (e)). 4 of the Act of 30 May 2014 on Consumer Rights, Dz.U. 2014 item 827).
i. Goods - goods available through the Store.
3. The prices given in the Store do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract.
4. Prices in the store are given in Polish zlotys, gross (plus any applicable duties and taxes). These prices do not include the cost of delivery and payment, the amount of which is decided each time the customer makes an order. The final price in relation to a given contract of sale of Goods is determined in the process of placing an offer (order), in accordance with §3 (1) and (2).
§2
Account registration
1. Customers have the opportunity to register on the website of the Store, which results in the creation of an Account.
2. The creation of a Customer Account takes place through:
a. filling in the registration form by the Customer, available on the Store's website (the form will be displayed after choosing the appropriate subpage of the Store or during ordering). It is required at least to fill in the fields marked as obligatory. These are: name and surname or company, address, shipping address (if different) and e-mail address, and in the case of entrepreneurs - also NIP and REGON,
b. accepting the content of the Regulations, personal data protection policy and cookie policy,
3. After filling in the registration form, a message is sent to the e-mail address provided by the Customer asking for confirmation of the data provided - by clicking on the reference (link) contained in it. The customer's account is opened upon confirmation.
4. The Customer may cancel his or her account in the Shop at any time by sending an appropriate request to the following address: biuro@bubi.cool.
5. The Customer may browse the data within his Account and use the functionalities of the Store, depending on the use of the Account, after logging in. Logging takes place by entering the correct login (e-mail address given during the registration process) and password on the appropriate subpage of the Store. The Customer undertakes to keep the password established in secret and not to allow other persons to use his or her Account.
6. The Seller may remove the Account of a given Customer also in case of violation of the Regulations by him, in particular when the Customer:
a. During the registration in the online shop he provided false, inaccurate or outdated data, misleading or violating the rights of third parties,
b. He has committed a violation of the personal rights of third parties through the online shop, in particular the personal rights of other customers of the online shop,
In this case, re-registration is not allowed.
7. Removal of the Account does not affect the validity of previous legal actions performed by the Seller with the Customer through the Store.
§ 3
Ordering
1. The Customer may purchase Goods through the Store. For this purpose, the Customer should add individual Goods to the "basket" and then confirm their choice by clicking on the appropriate option available on the Store's website.
2. After approving the list of selected Goods, the Client should:
a. determine the method of delivery and payment, as well as confirm the total price of the Goods (including any applicable taxes, any customs duties and costs of delivery and payment - if any),
b. confirm the data collected in the Account, and in the case of non-logged customers - provide the data specified in §2.1 above and accept the content of "regulations" and "privacy and cookie policy". (or log in).
3. Finally, if you have made a final decision to purchase the Goods on the terms and conditions displayed by the Store, you should click on "place an order with payment obligation". From now on, it is no longer possible to change the content of the order.
4. The performance of the activities referred to in paragraphs 1, 2 and 3 shall be tantamount to an offer by the Customer to the Seller to conclude an agreement for the sale of goods placed in a basket at the prices displayed by the system, the delivery costs indicated, etc. (see paragraph 2(a) above).
5. When the Customer submits an offer in accordance with paragraph 4, a message is sent to the Customer via e-mail, containing a written confirmation of the terms of the offer (order).
6. The conclusion of the contract of sale of the selected Goods(s) between the Customer and the Seller takes place upon acceptance by the Seller of the previously received offer (order) - in the form of a message sent by e-mail to the address provided by the Customer. This message should contain a copy of these regulations in the version accepted by the Client and binding for the order, as well as information marked in paragraph 2 (a) above.
7. Confirmation of the offer (order), referred to in paragraph 5, is not tantamount to acceptance of the offer (order), referred to in paragraph 6.
8. The Seller provides for the possibility of concluding contracts for the sale of Goods available in the Store without the use of the Internet service, via telephone, e-mail, instant messenger, etc. The Seller provides for the possibility of concluding contracts for the sale of Goods available in the Store without the use of the Internet service. In such a case, immediately after reaching agreement on the content of the future contract, the Seller shall send the Customer by e-mail, fax or other durable medium information including: a) a copy of these regulations and b) the content of the agreed order (data indicated in paragraph 2 (a) above). The Contract for the sale of Goods is concluded at the moment when the Customer confirms the conditions specified in the above information, which shall be recorded on a durable medium. The Seller shall immediately confirm to the Client the circumstance of concluding the contract of sale of Goods on a durable medium.
§4
Payment
1. The seller provides for the following payment methods:cash on delivery" payment
a. Direct transfer to our bank account
b. Cash on delivery payment
c. Internet payments, especially via credit cards, PayPal, Blik, etc.
The customer should indicate the chosen payment method in the order form.
2. The cost of payment depends on the chosen method of payment. The Customer is notified of the cost of payment for a given Goods before placing an order, in accordance with §3. In addition, information on current rates are also available at all times on the website of the Store.
3. Immediately after the conclusion of the contract of sale of the Goods, the Seller shall issue the Customer with a receipt (at the Customer's choice) and attach this document to the Goods.
4. In the case of payment by bank transfer, payment should be made before delivery of the Goods, and in the case of cash on delivery - at the time of delivery of the Goods.
5. Transfers should be made to the bank account of the Seller with the number PL 57 1050 1070 1070 1000 0092 7124 9386.
§5
Order processing and delivery of Goods
1. The Seller shall proceed to the execution of the Customer's order immediately after the conclusion of the contract of sale of the Goods covered by the order (in the case of cash on delivery payment) or immediately after the payment for the Goods is credited to his bank account (in the case of payments by bank transfer).
2. The method of delivery and the address at which the delivery will be made should be specified by the Customer in the order form.
3. Possible delivery options are:
a. courier delivery,
b. personal collection at the company's headquarters after prior arrangement of the time of collection, but not at times other than 9 am to 5 pm.
4. The cost of delivery depends on: the chosen method of delivery and the chosen method of payment (the cost of delivery is higher when paying COD). The Customer is notified about the cost of delivery of a given Goods before placing an order, in accordance with §3. In addition, information about current rates is also available at all times on the website of the Store.
5. Delivery time is the sum of the time of delivery of the shipment to the supplier and the time of delivery of the shipment by the supplier. The Seller undertakes to hand over the Goods to the supplier within the time limit specified in their description in the Store. The time in which the Goods will be handed over to the Customer by the supplier depends on the chosen method of delivery and is equal to:
a. for products without personalization options - 2 to 3 working days;
b. for products with personalization options - up to 5 working days.
6. If it is not possible to complete the order within the time limit specified in paragraph 5 above, the Seller may inform the Client about it by e-mail and return the entire amount of money received to the Client - unless the Client agrees to extend the time of receiving the Goods. This applies in particular to the Goods requiring adaptation to the individual needs of a specific Client.
7. Customers are asked to carefully check the condition of the shipment in the presence of the courier, and if it is found to be damaged or missing - to refuse collection and sign an appropriate protocol. For the avoidance of doubt, the Seller declares that the performance of the above mentioned actions is not the responsibility of the Customer.
8. The address to which the goods are to be sent should be situated in the territory of the European Union. In case of orders from other countries, the Seller asks the Customer for more information in order to determine the method of delivery of goods.
9. The minimum order amount for orders from outside the Republic of Poland is 20€.
§6
Liability for defects
1. The Seller shall be liable for defects in the Goods in accordance with the rules set forth in generally applicable laws, including in particular the provisions on warranty for defects contained in Article 556 et seq. of the Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2014, item 121).
2. Defects of goods (complaints) may be submitted, among others, using the contact form available at www.bubi.cool/kontakt via e-mail to biuro@bubi.cool or in writing to the Seller's address given in §1.
3. In the content of the complaint, the Customer should, if possible, specify:
a. number of the invoice/ bill of sale issued for the goods to which the complaint relates,
b. description of the defect, including in particular: what the defect consists of, when it becomes apparent,
c. what the Customer requests in connection with a complaint,
while the lack of any of the above elements in the complaint notification, made by the Customer who is a consumer, does not prevent the complaint from being considered. However, sending complete documentation may speed up the procedure.
4. The Client, who exercises the warranty rights, is obliged at the expense of the Seller to deliver the defective Goods to the seat of the Seller at the address determined by telephone or e-mail.
§7
Consumer right of withdrawal
1. The Customer, being a consumer, may withdraw from the contract of sale of the Goods without giving any reason. The period for withdrawal from the contract expires after 14 days from the date when the Consumer came into possession of the Goods or from the date on which a third party indicated by the Customer, other than the carrier, came into possession of the Goods.
2. In the case of a contract covering many items which are delivered separately, in instalments or in parts, the withdrawal period expires after 14 days from the date on which the Consumer acquires possession of the last item or from the date on which a third party other than the carrier, indicated by the Customer, acquires possession of the last item.
3. In order to meet the deadlines referred to in paragraphs 1 and 2, it is sufficient to send the Seller a statement of withdrawal from the contract before the expiry of the deadline.
4. Withdrawal from the contract of sale of the Goods shall take place by submitting an unambiguous statement to the Seller by the Customer. Such a statement may be made on the form, which constitutes Appendix No. 1 to these Regulations, but it is not obligatory.
5. The declaration of withdrawal from the contract may also be made by the Customer in electronic form, by filling in and sending a withdrawal form. In such a case, the Seller will immediately send the Customer a confirmation of receipt of information on withdrawal from the contract on a durable medium.
6. In case of withdrawal from the contract of sale of Goods by the Customer in the mode described in this paragraph:
a. The Client should send the Seller the Goods to the address established by e-mail or telephone immediately, and in any case not later than 14 days from the date on which he withdrew from the contract of sale of the Goods. The deadline is met if the Client sends back the Goods before the expiry of the deadline of 14 days. Direct costs of returning the Goods shall be covered by the Client.
b. The Seller shall return to the Customer all payments received from the Customer, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date of withdrawal from the contract of sale of the Goods by the Customer.
The Seller will refund payments using the same payment methods as those used by the Customer in the original transaction, unless the Customer expressly agrees otherwise. In any event, the Customer will not incur any fees in connection with this refund.
7. The Seller may withhold the return of payment until the Goods are received or until the Seller receives proof of its return, whichever occurs first.
8. The Client shall be liable for any reduction in the value of the Goods resulting from their use in a manner other than it was necessary to determine the nature, characteristics and functioning of the Goods.
9. The right of withdrawal referred to in this paragraph shall not be vested in the Customer with respect to contracts indicated in Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), including contracts:
a. where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract;
b. which has as its object an unprefabricated item, manufactured to the consumer's specifications or to meet individual needs;
c. where the object of the supply is a thing that is liable to deteriorate quickly or has a short shelf life;
d. where the object of the supply is a thing supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging is opened after delivery;
e. where the subject-matter of the supply is goods which, after delivery, by their nature, are inseparably connected with other goods;
f. where the subject-matter of the supply is alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
g. where the consumer has explicitly requested the trader to come to him for urgent repair or maintenance; where the trader provides services other than those requested by the consumer or goods other than replacement parts necessary for carrying out the repair or maintenance, the consumer has a right of withdrawal for additional services or goods
h. which provides for audio or visual recordings or computer programs supplied in sealed packaging, if the packaging is opened after delivery;
i. for the supply of journals, periodicals or periodicals, with the exception of a subscription contract.
j. A contract concluded by means of a public auction.
§8
Technical requirements, prohibition of placing illegal content, complaints about the activities of the Store
1. The Seller provides the Customers with the possibility of using the following services provided by electronic means (within the meaning of the Act of 18 July 2002 on provision of services by electronic means, Journal of Laws 2002.144.1204, as amended):
a. making the contents of the Shop available to the public,
b. concluding contracts with the Seller for the sale of Goods through the Store, on the terms specified in these regulations.
2. In order to use the above services, the Customer should have: a device enabling connection with the Internet and having an operating system, an Internet connection, necessary software (Internet browser) and an e-mail account.
3. The rules of storing cookies by the Seller on the Customer's devices, as well as the Seller's access to these cookies are specified in the Cookie Policy, which constitutes Appendix No. 2 to these Regulations.
4. The Customer undertakes not to place illegal content (e.g. comments) on the Store, including in particular content promoting violence or pornography or content violating the rights of third parties. If the Seller receives official notification or reliable information about the illegal nature of the stored content provided by the Customer, the Seller may prevent access to such content.
5. The customer undertakes to:
a. not to use the Store in any way that would interfere with its operation, in particular by using specific software or hardware,
b. not take action such as sending or posting unsolicited commercial communications (spam) in an online shop,
c. use the online store in a way that is not burdensome for other customers and the Seller.
5. In case of dissatisfaction with the activities of the Store, the Customer may lodge a complaint by e-mail to the address biuro@bubi.cool The Customer will be informed about the manner of handling the complaint to the e-mail address from which it was sent, within 14 days of its receipt by the Seller.
§9
Amendments to the Rules of Procedure
1. The Seller has the right to amend the provisions of these Regulations. In such a case:.
a. Customers will be informed about the changes via e-mail to the address indicated during registration - at least 14 days before the changes come into force,
b. Customers will be asked to accept the changes in the regulations at the next login.
2. Failure to accept any amendments to the regulations shall be deemed equivalent to the termination of the contract for the provision of electronic services referred to in §9 of these regulations with immediate effect - subject to §10 paragraph 3 below.
3. Changes in the regulations will not in any way violate the rights acquired by customers, and in particular will not affect the orders placed - which will be implemented on the basis of the existing rules.
§10
Final provisions
1. The law applicable to these regulations, as well as to all contracts concluded in its execution (including in particular contracts for the sale of Goods) is Polish law.
2. In the case of Clients who are Consumers and whose place of permanent residence is within the European Union (excluding Denmark) but outside the Republic of Poland - paragraph 1 applies to the extent that it does not exclude the application of the provisions in force in the Consumer's country of permanent residence, which cannot be excluded by agreement (see Article 6 of the Regulation of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations [Rome I, OJ 2008.L.177.6]).