§1. General provisions
- The Seller shall provide the Services in accordance with the Terms and Conditions and the provisions of generally applicable law.
- The Services are provided via the Shop website 24 hours a day and 7 days a week.
- The Seller shall make these Terms and Conditions available on the Shop’s website and may make them available in the Customer’s Account or include them as an attachment to e-mails containing declarations of acceptance of Customers’ offers. Customers may at any time: access, record, obtain and reproduce the Terms and Conditions by printing or saving them on a data carrier.
- The information provided on the Shop’s website does not constitute an offer by the Seller within the meaning of Art. 66 of the Civil Code Act, but only an invitation to Customers to submit offers to conclude a contract, pursuant to Art. 71 of the Civil Code Act.
- The use of the Shop may incur costs for Internet access and data transmission fees, to the extent established by agreement with the telecommunications operator used by the Customer.
§2. Account registration in the shop
- The contract for the provision of the Customer Account Service is concluded for an indefinite period of time at the moment the Seller confirms the registration of the Customer Account.
- The subject of this Customer Account Service is the provision of a Customer Account panel, which makes it possible to among others management of customer data and orders.
- In order to create a Customer Account, you must register voluntarily and free of charge. This is done by completing and sending to the Seller a registration form, which is made available in the area of the Shop website.
- It is a prerequisite for the correct completion of the registration form that all its compulsory and, if applicable, optional fields are completed, using true, complete and relevant data or information about the Customer.
- Before submitting the registration form, the Customer should declare, by ticking its appropriate box, that he/she has read the Terms and Conditions and accepts its provisions.
- Before submitting the registration form, by ticking the appropriate one, the Customer may voluntarily declare that he/she agrees to the processing of his/her personal data, for marketing purposes, by the Seller.
- The Seller informs that the marketing purposes indicated above may include in particular the sending of commercial information by the Seller, using the Customer’s contact details. The consent referred to in the above point may be withdrawn at any time.
- Sending the registration form to the Seller is done using the functionality of the Shop and through it.
- The use of a Customer Account is possible after its creation and subsequent logging in with the correct login and password.
- The agreement for the provision of the Customer Account Service may be terminated without stating a reason and at any time, using its functionality or by sending the Customer’s declaration to this effect to the Seller, e.g. by e-mail or letter.
§3. Basic shop functionality
- The Seller provides the following basic functionalities of the Shop to the Customers:
- providing a contact form,
- provision of a goods search engine.
- In order to use the functionality of the contact form, it is necessary to complete its mandatory fields, enter the desired content and then send a message to the Seller. The Seller shall respond promptly, using the Shop’s functionality, either by telephone or electronically by sending an e-mail.
- To search for Goods in the Shop, enter the desired content in the search area of the Shop and then confirm it. The functionality allows a search of the Shop’s resources using keywords entered by the Customer. In addition, the functionality can enable advanced searches to be carried out on selected criteria.
§4. Orders placed through the Shop
- Orders for Goods can be placed via the Shop website 7 days a week and 24 hours a day, using the Basket function. Once the order list of Goods has been completed, the Customer proceeds to the order processing in the Basket area.
- Once the order list of Goods has been completed, the Customer selects the Delivery and payment method in the Basket area.
- If the Customer is a logged-in Customer Account holder, he/she proceeds to the next ordering step as a logged-in Customer.
- In the event that the Customer is not a logged-in Customer Account holder, the Customer chooses how to place the order:
- using the Customer Account to be registered. The customer then registers a Customer Account and, using this, proceeds to the next stage of ordering.
- without the use of a Customer Account. The customer then proceeds to the next ordering stage.
- using your Customer Account. The customer then proceeds to the next ordering stage.
- When placing an order, the customer enters or selects:
- your identification and contact details,
- address data for the purpose of delivering the Goods,
- billing data,
- payment method.
- The placement of an order is preceded by the Customer receiving, through the display in the Basket area, information on the total price for the order including taxes and related costs, in particular Delivery and payment costs.
- Placing an order may be done by using the appropriate button in the shopping cart and is tantamount to the Customer making an offer to the Seller to conclude a contract of sale for the Goods included in the order.
- Before submitting the order form, by ticking the appropriate check box, the Customer should declare that he/she has read the Terms and Conditions and accepts their provisions.
- An order that has been placed can be changed by the Customer until the Seller has been informed that the Goods have been shipped.
- Changes to the order may include cancellation, partial cancellation, extension with additional Goods, change of delivery address.
- The Seller will immediately inform the Customer of the impossibility of accepting the order in the event of circumstances causing it. The provision of this information is done by telephone or email. The information may either constitute a rejection of the bid in its entirety or include the following proposals to modify the order:
- rejection of the offer in the unfeasible part, resulting in a recalculation of the contract value,
- to divide the Goods to be Delivered into a part, the Delivery of which is possible and a part, the Delivery of which will take place at a later date, which does not result in a recalculation of the order value.
- Acceptance of the Customer’s offer by the Seller subject to the change referred to in the above paragraph shall be deemed as a new offer, which requires acceptance by the Customer in order to conclude the Sales Agreement.
- Confirmation of order acceptance by the Seller is made by sending an immediate e-mail. This message contains the terms and conditions of the concluded Sales Contract agreed upon by the parties, as well as the data entered by the Customer on the order form, in order to enable the detection of any errors therein. If such an error is detected, the Customer may notify the Seller by sending an email indicating the correct data.
- Confirmation of the order is tantamount to the Seller’s acceptance of the offer to conclude a contract of sale made by the Customer.
§5. Telephone orders
- The Seller allows orders for the purchase of Goods to be placed by telephone.
- To place an order for the purchase of Goods by telephone, contact the Seller using the telephone numbers provided on the Shop’s website and then place the order verbally.
- Confirmation of acceptance of a telephone order by the Seller shall be made by sending an e-mail immediately containing information on the content of the concluded contract. This message contains the terms and conditions of the concluded Sales Contract agreed upon by the parties, as well as the Customer’s data, in order to enable the detection of any possible errors. If such an error is detected, the Customer may notify the Seller by sending an email indicating the correct data.
- In order to conclude the Sales Contract, the Customer is obliged to confirm his/her will to conclude it in response to the above-described message from the Seller.
- Confirmation of the will to conclude a Sales Contract is tantamount to its conclusion.
- The Seller provides a Distance Selling Service to the Customers.
- The subject matter of the contract of sale includes the Seller’s obligation to transfer ownership of the Goods to the Customer and to release them, and the Customer’s obligation to take delivery of the Goods and to pay the Seller the price of the Goods.
- The Seller reserves the right to run promotional campaigns, consisting in particular of a reduction in the price of Goods or Services until a certain date or the stock of Goods subject to promotion is exhausted.
- By concluding a contract of sale, the Seller undertakes to supply the Customer with Goods free from defects.
- The conclusion of the contract of sale takes place when the Seller confirms acceptance of the Customer’s order.
- Delivery of the Goods shall take place at the time specified in the description of the Goods.
- The lead time for the release of the Goods is subject to change in the event of a change of order by the Customer.
- The release of the Goods shall take place:
- if the Customer opts for Delivery by Carrier, on Business Days to the address provided by the Customer,
- if the Customer chooses the option of Delivery to a Parcel Machine via a Carrier, on Business Days to a Parcel Machine chosen by the Customer.
- Detailed information on the available Delivery methods, Carriers and associated costs are published on the Shop’s website and the Customer is informed about them during the ordering process.
- The release of the Goods shall not take place until the Customer has paid for them.
- Confirmation of the release of the Goods to the Carrier for Delivery may be made by sending an e-mail to the Customer’s e-mail address.
- The risk of accidental loss of or damage to the item shall pass to the Consumer as soon as it is handed over to the Consumer.
- If the Customer chooses the option of Delivery by Carrier, it is recommended that the delivered consignment be examined by the Customer in the presence of the Carrier.
- If damage to the consignment is discovered, the Customer has the right to request the Carrier to draw up a proper protocol.
- The value of the payment for the Sale is determined on the basis of the price list of the Goods, which can be found on the Seller’s website at the time of ordering the Goods.
- The prices given on the Shop’s website next to the given Goods are gross prices given in Polish zlotys and include the value of VAT, whereas they do not include the costs of Goods delivery and the selected form of payment.
- The costs of the transaction and the Delivery of the Goods shall be borne by the Customer.
- The total order price, shown in the Basket area before placing the order and after selecting the method of Delivery of the Goods and payment, includes the price for the Goods ordered, together with any tax due and any related costs, in particular Delivery and transaction costs.
- The total order price is binding for the Seller and the Customer.
- The Seller allows the following methods of payment for the Sales Services provided:
- using the external payment system PayU, operated by PayU S.A with its seat in Poznan (60-166), at Grunwaldzkiej Street 182, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000274399, NIP: 7792308495 and REGON: 300523444,
- using the external payment system PayPal, operated by PayPal S.à r.l. et Cie, S.C.A., based in Luxembourg.
- The customer is obliged to pay at the time of placing the order.
- Refund of payment by the Seller shall be made immediately, but no later than 14 days after the cause arises, in the case of:
- withdrawal by the consumer,
- cancellation by the customer of an order or part of an order paid for in advance,
- recognition by the Seller of the claim covered by the complaint in whole or in part, on the basis of generally applicable regulations.
- The payment shall be refunded using the same means of payment used by the Customer in the original transaction, unless the Customer agrees to a different solution that does not incur any costs for the Customer.
- Sprzedawca nie jest zobowiązany do zwrotu poniesionych przez Klienta dodatkowych kosztów Dostarczenia Towarów, jeżeli Klient wybrał sposób Dostarczenia Towarów inny niż najtańszy zwykły sposób Dostarczenia oferowany przez Sprzedawcę.
- The subject of this Newsletter Service is the Seller’s provision of commercial information to the Customer’s e-mail address.
- To order the Newsletter Service, use the appropriate newsletter activation field in the registration form or in any other form made available by the Seller on the Shop’s website.
- A prerequisite for the correct ordering of the newsletter service is the provision of the customer’s e-mail address. The provision of this data is voluntary, but necessary for the provision of the Service and the conclusion of a contract in its subject matter.
- Before submitting the order form for the Newsletter Service, by ticking the appropriate checkbox, the Customer may voluntarily declare that he/she agrees to the processing of his/her personal data for marketing purposes by the Seller.
- The Seller informs that the marketing purposes indicated above may include in particular the sending of commercial information by the Seller using the Customer’s contact details. The consent referred to in the above point may be withdrawn at any time.
- Sending the order form for the Newsletter Service to the Seller is done using the functionality of the Shop and through it.
- The contract for the provision of the newsletter service is concluded for an indefinite period of time when the Seller confirms the Customer’s subscription to the newsletter list.
- The contract for the provision of the newsletter service may be terminated without stating a reason and at any time, using, among other things: the functionality of the Shop or unsubscribing using the deactivation link found in the newsletter message area, as well as by sending a declaration to this effect from the Customer to the Seller, e.g. in an email or letter.
- Complaints may be made under warranty.
- A complaint can be made by letter or e-mail to the postal or electronic address of the Seller. They may be submitted using the form annexed to the Rules, but this is not obligatory.
- In the body of the complaint submitted, it is recommended to include:
- the consumer’s contact details for responding to the complaint and for correspondence relating to the complaint,
- the number of the Consumer’s bank account to be used for reimbursement of the money, should the case arise,
- a description of the problem and the identity of the consumer.
- In the event that a warranty complaint relates to Goods, in order for the Seller to consider the complaint, the Consumer is obliged to deliver or send the Goods under complaint to the Seller’s address, at the Seller’s expense.
- The seller will recognise complaints within 14 days from the date of notification.
- The Seller shall inform the Consumer of the manner in which the complaint received will be resolved by e-mail or by ordinary letter, depending on the Consumer’s wish or the method used by the Consumer to lodge the complaint.
- If the warranty complaint relates to Goods that are subject to shipment to the Consumer after the complaint has been recognised, the Seller shall deliver or send the Goods to the Consumer’s address.
- Refunds in connection with a complaint will be made by means of a transfer to a bank account or by postal order, according to the Consumer’s wishes.
- The application of warranty rights is excluded for Customers who are not Consumers.
§10. Out-of-court complaint handling and redress of grievances
- The consumer has the option of using the following out-of-court complaint and redress procedures:
- submit a request for the resolution of a dispute arising from a concluded Sales Agreement to a permanent arbitration court for consumers operating at the Trade Inspection, the address of which, in view of its jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, maintained at the URL address https://www.uokik.gov.pl/wazne_adresy.php#faq596,
- filing a request for the initiation of mediation proceedings for an amicable settlement of a dispute between a Consumer and a Seller to the voivodeship inspector of the Trade Inspection, whose address, in view of its jurisdiction, can be established via the website of the Office of Competition and Consumer Protection, maintained at the URL address https://www.uokik.gov.pl/wazne_adresy.php#faq595,
- use of the assistance of a district or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection,
- submit a complaint via the EU’s online ODR platform, available at the URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
- Detailed information on the procedure for out-of-court handling of complaints and redress, as well as rules of access to these procedures, can be found at the premises and on the websites of the entities listed in point 1.
- The list of entities and institutions that perform tasks related to out-of-court settlement of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection, available at URL https://www.uokik.gov.pl.
§11. Withdrawal from the contract
- The provisions contained in this Article concerning the right of withdrawal for Consumers shall apply to a natural person concluding a contract directly related to that person’s business activity, when it is apparent from the content of that contract that it does not have a professional character for that person, arising in particular from the subject of that person’s business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- The consumer may, without giving any reason, withdraw from the contract, including the Sales contract, within 14 days, subject to the standards indicated in the content of the instructions on withdrawal from the contract annexed to the Terms and Conditions.
- The consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration may be made on a form, a specimen of which is annexed to the Rules.
- Immediately, but no later than within 14 days of the date on which the Consumer has withdrawn from the contract, he or she must return the Goods to the Seller or hand them over to a person authorised by the Seller. It is sufficient to send back the Goods before the deadline. This provision shall not apply if the Seller has offered to collect the Goods himself.
- The consumer shall be liable for any diminution in the value of the Goods resulting from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Goods.
- In the event of withdrawal, the contract shall be deemed not to have been concluded. If the Consumer has made a declaration of withdrawal before the Seller has accepted his offer, the offer shall cease to be binding.
§12. Data processing and cookies
- For information on the terms and conditions of processing personal data, please refer to the Shop’s Privacy and Cookies Policy.
- Information on the cookies used can be found in the Shop’s Privacy and Cookies Policy.
§13. Licence conditions
- The Seller grants a free licence to customers using the Shop for their own personal use and to enable them to use the Shop, subject to these terms and conditions.
- The name of the Store, the graphic design of the Store, the structure of the Store, the Store, the source or compiled code of the Store, the web pages used to operate the Store and any documents produced by the Seller in connection with the provision of the Store, including related works, including the Terms and Conditions and other documents or messages sent in connection with the provision of services, constitute works within the meaning of copyright law. The Vendor does not transfer to the Customer the economic copyrights in the Shop or any works forming part of it, nor the right to grant authorisations on the disposal and use of the economic copyrights in these works or the Shop, or to exercise any other subsidiary rights not reserved in the licence conditions.
- The right to use the Shop and related works is valid for the following fields of exploitation: recording and reproduction in the memory of a telecommunications device at a place and time of one’s own choosing and access and display via a telecommunications device at a place and time of one’s own choosing.
- The customer may not: lend, lease or resell the works or any part of them, as well as create derivative works based on them, make alterations to the works, remove ownership or copyright notices that may appear in the area of the works, use the works for purposes that violate applicable common law or ethical and moral standards.
- The licence is unlimited in time, unlimited in territory and non-exclusive, and applies to the entire Shop and related works. The Seller retains the exclusive right to decide to maintain the integrity of the Shop.
- By publishing any content in the Shop, in particular: comments or opinions, the Customer grants the Seller a free, time-limited, territorially unlimited and non-exclusive licence for their use in the following fields of exploitation: publication in the area of the Shop’s website, recording and reproduction in the memory of a telecommunication device at a place and time selected by the Customer, access and display via a telecommunication device at a place and time selected by the Customer, while retaining the right to grant a sub-licence referred to in the above points, in order to enable Customers to use the Shop.
- The Customer acknowledges that it is prohibited to deliver to or through the Store, content:
- that may mislead other customers,
- that violate the personal interests of customers, the seller or third parties,
- content commonly regarded as offensive, vulgar or offensive to good manners, in particular: pornographic content, content advocating the use of drugs or excessive alcohol consumption, content advocating racism, xenophobia or the propagation of hatred.
§14. Validity and amendment of the Rules of Procedure
- The Rules of Procedure shall enter into force within 3 days of their publication on the Shop’s website.
- Amendments to these Terms and Conditions may be made for reasons of changes in the law relating to the subject matter of the provision of the Services, as well as for technical or organisational changes relating to the services provided by the Seller.
- The Terms and Conditions are amended by publishing their new content on the Shop’s website.
- Amendments to the Terms and Conditions shall not apply to Sales contracts concluded prior to the date of their amendment.
- Information on changes to the Terms and Conditions of Use is published in the area of the Shop’s website, within 3 days before the new version comes into effect.
- The Seller shall send an e-mail with information on amendments to the Terms and Conditions in the event that the parties are bound by a contract of indeterminate duration.
§15. Final provisions
- Capitalised terms are defined in accordance with the explanations provided in the section describing the definitions used in the Rules.
- The seller is not responsible for:
- interruptions in the proper functioning of the Shop and improper provision of Services due to force majeure, in relation to Customers who are not Consumers,
- interruptions in the proper functioning of the Shop and improper performance of Services to non-consumers, caused by technical operations or reasons attributable to entities through which the Seller provides Services,
- benefits lost by non-consumers.
- If it is not possible to resolve a dispute between the Seller and a Customer who is not a Consumer or a Consumer who does not reside in the territory of the Republic of Poland amicably in circumstances where such a possibility is allowed by the provisions of their national law, the court competent to resolve such a dispute shall be the court having jurisdiction over the registered office of the Seller.
- In relation to Customers who are not Consumers or to Consumers not residing in the territory of the Republic of Poland, if the provisions of their national law allow such a possibility, the law of the Republic of Poland shall apply as the applicable law for the performance of the contract concluded with the Seller and settlement of disputes related thereto.
- The provisions of the Terms and Conditions are not intended to exclude or limit the rights of the Customer who is a Consumer under the provisions of local universally applicable law.
- In relation to contracts concluded with the Seller, in the event of any inconsistency between the Terms and Conditions and the provisions of law generally applicable in the Consumer’s country, these provisions shall apply.
- Should provisions of the Terms and Conditions prove to be invalid or ineffective, this circumstance shall not affect the validity and effectiveness of the remaining provisions of the Terms and Conditions. Instead of the invalid or ineffective provisions, a standard will apply which corresponds to what the parties have agreed or what they would have agreed if they had included such a provision in the Rules.
§16. Definitions used in the regulations
Working days are weekdays from Monday to Friday, excluding public holidays.
Delivery is the process of getting the Goods to the Customer’s specified destination, carried out through a Carrier.
Customer is a natural person, provided that he or she has full legal capacity, or has limited legal capacity in cases regulated by generally applicable law or provided that he or she has the consent of his or her legal representative, as well as a legal person or an organisational unit without legal personality, to which generally applicable law grants legal capacity, who concludes a contract with the Seller for the provision of a Service.
A Customer Account is a panel that allows the management of Customer orders via the Shop, subject to registration and login.
A consumer is a customer who is a natural person and who enters into a contract for a purpose which is not directly related to his/her commercial or professional activity.
The shopping cart is a functionality of the Shop which allows the Customer to complete orders of Goods.
A parcel machine is an automatic box or postal terminal used to receive parcels of Goods.
A Carrier is an entity that provides Goods Delivery services in cooperation with the Seller.
The Terms and Conditions are these contractual terms and conditions, the subject of which is the provision of Services electronically by the Seller to Customers, through the Shop.
Shop is a shop, operated by the Seller through a website available on the Internet at URL: blu-lifestyle.eu.
The seller is Katarzyna Cieślińska, conducting business under the name K&A Katarzyna Cieślińska, with its registered office in Parzniew (05-808) at Działkowa Street 113/16, registered in the Central Register and Information on Business Activity, maintained by the Minister of Development, under NIP No. 7521389240 and REGON No. 388232630, being the service provider, administrator and owner of the Shop. The Seller can be contacted at the following telephone number: +48 661 712 472 and by e-mail: email@example.com.
A sale is a Service for the sale of Goods, provided by the Seller to the Customer, the object of which is the Seller’s obligation to transfer ownership of the Goods to the Customer and to release them, and the Customer’s obligation to take the Goods back and to pay the Seller the specified price.
Goods are items presented in the Shop area by the Seller for Sale.
A service is a service provided by the Seller to the Customer on the basis of a contract concluded between the parties through the Shop. The conclusion of the contract takes place within an organised distance contracting system, without the simultaneous physical presence of the parties.
INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
The provisions contained in these instructions concerning the right of withdrawal by Consumers shall apply to a natural person who concludes a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
As a Consumer, you have the right to withdraw from a contract concluded in our Store within 14 days without giving any reason. The withdrawal period expires after 14 days from the date:
- on which you acquire possession of the goods or on which a third party other than the carrier and indicated by you acquires possession of the goods, in the case of a sales contract,
- conclusion of the contract – in the case of service contracts.
In order to comply with the withdrawal period, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
To exercise your right of withdrawal, you must inform us: K&A Katarzyna Cieślińska, Działkowa Street 113/16, 05-808 Parzniew, e-mail: firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail).
When withdrawing from the contract, you may use the model withdrawal form, but this is not obligatory. A specimen form is attached to the terms and conditions for the provision of electronic services within the Shop.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive usual delivery method offered by us), immediately and in any event not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract.
We will refund your payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges in connection with this refund. We may withhold reimbursement until you have received the item or until you provide us with proof of return, whichever event occurs first.
If you have received an item in connection with the contract, please send it back or hand it over to us at the following address K&A Katarzyna Cieślińska, Działkowa Street 113/16, 05-808 Parzniew, immediately and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the item back before the expiry of the 14-day period.
Please be advised that you will have to bear the direct costs of returning the item. These costs are estimated at a maximum of approximately PLN 25.00 (within Poland).
You are only liable for any diminution in the value of the item resulting from your use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.