Terms of service
REGULATIONS OF THE ONLINE SHOP EN.BEBECONCEPT.PL
Table of Contents:§1 Definitions
§2 General provisions
§3 Customer Account
§5 Payment and price
§7 Right of withdrawal from agreement
§8 Complaints of the product
§9 Personal Data Protection
§10 Provision of electronic services
§11 Final provisions
The terms used in Regulations mean:
- Shop / Online Shop – online shop run by the Seller, available at the Internet address: https://en.bebeconcept.pl.
- Seller – Piotr Chęć running a business under the name BEBE CONCEPT Sp. z o.o., ul. Kłopot 4 U2.1. 01-066 Warsaw, Poland, NIP: 5272985225, REGON: 52096141200000, e-mail address: firstname.lastname@example.org.
- Customer – an individual, legal person, and organizational unit that does not have legal entity, which has the legal capacity awarded to it by the act, purchasing Products at the Online Shop,
- Registered Customer – a Customer using the Online Shop who has registered and created a Customer Account;
- Registration – an activity carried out by the Customer in the Online Store, consisting of completing the registration form to set up a Customer Account;
- Password - string of letters, numbers or other characters, specified by the Customer during Registration in the Online Shop, enabling access to the Customer Account and serving its security;
- Customer Account – an individual Customer account available after Registration and logging in, marked by a login and a password, used by the Customer to purchase Products at the Online Shop;
- Consumer – an individual person purchasing Products at the Online Shop for the purpose that is not in direct connection with his/her business or professional activity,
- Entrepreneur – a natural person, a legal person or an entity without legal personality purchasing Products at the Online Store as part of its business or professional activity; in the case of a natural person, an Entrepreneur is considered to be a natural person purchasing Products at the Online Store for the purpose directly related to his/her business activity, when the content of the agreement indicates that it is of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Business Activity Central Register and Information Record;
- Entrepreneur on the rights of a consumer - a natural person purchasing Products in the Online Store for the purpose directly related to his/her business, when the content of this agreement indicates that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Business Activity Central Register and Information Record;.
- Regulations – this document that specifies rights and obligations of the Seller and the Customer as well as conditions that regulate the submission of order and making purchases in the Online Shop and concluding Sales Agreements;
- Working days - weekdays from Monday to Friday, without public holidays;
- Cart - the service provided by the Seller in the Online Shop, under which Products added by the Customer to the Order are visible, enabling the submission and modification of the Order, as well as displaying the current value of the Order;
- Order – Customer's declaration of will, constituting an offer to conclude a Sales Agreement submitted to the Seller by the Customer, made using the functionality of the Online Shop, containing information necessary to conclude and perform the Sales Agreement.
- Product – a movable item available in the Online Shop, intended for sale on the basis of a Sales Agreement concluded by the Seller with a Customer, using the functionality of the Online Shop;
- Sales Agreement - sales agreement within the meaning of the Civil Code, regarding the sale by the Seller to the Customer of Products covered by the Order, the conditions of which are set out in the Regulations;
- GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
- Payment operator – it means an entity providing payment services in the Online Shop to Customers. The payment operators are: PayPal - PayPal (Europe) S.à r.l. et Cie, S.C.A. CSSF: 283, route d'Arlon, L-1150 Luksemburg; Bank Wire - Wise Europe SA, registered office is at Avenue Louise 54, Room s52, 1050 Brussels, Belgium, Stripe - Stripe Payments Europe, Ltd, The One Building, Lower Grand Canal St, Dublin 2, Ireland.
§2 General provisions
- Online Shop available at the online address https://bebeconcept.pl is by BEBE CONCEPT Sp. z o.o., ul. Kłopot 4 U2.1. 01-066 Warsaw, Poland, NIP: 5272985225, REGON: 52096141200000, e-mail address: email@example.com.
- The Regulations determine rights and obligations of Customers and the Seller.
- The Regulations have been written in the English language and are the standard contract according to regulations of the Act dated 23 April 1964 – the Civil Code.
- In order to enter into contract with the Seller, the Customer can exercise his/her right to negotiate conditions of the contract before submitting an order. If the Customer does not exercise his/her right to negotiate, terms and conditions at hand are considered the content of the contract entered into by the parties.
- The Customer can access Regulations at any time at: https://en.bebeconcept.pl/policies/terms-of-service, and by saving them in any file format on the chosen data carrier.
- If not stated explicitly otherwise in the commercial information, products offered by the Online Shop are new, free from physical and legal defects and have been legally introduced to the Polish market. This information obliges the Seller to provide the Customer with defect-free products.
- These Regulations constitute an integral part of all sales contracts concluded by the Seller, including contracts concluded by means of an Order placed by e-mail or telephone.
- Communication with the Seller carried out by the Customer results in incurring costs by him/her that come from contracts entered into by the Customer with third parties that allow him/her to use specific forms of communication. The Seller does not demand any other additional fees or charges for the possibility of communicating with him. .
- In the case of a dispute with the Seller, the consumer has the right to amicable settlement by:
§3 Customer account
- In order to create an account the Customer registers via a form providing data asked from him/her in the registration form.
- The password for signing in to the Shop can include letters, numbers/ or special characters. The password is individual for every Customer. The password can be changed in the Customer Account by giving the requested e-mail address and a new password.
- User login is the e-mail address of the Customer given by him/her during the registration process.
- Creating Customer Account is free of charge and voluntary.
- Registration is not required to submit an order at the Shop. The Customer can submit an order at the Online Shop without prior registration using the order form.
- The Customer is obliged to give real personal data
- Information on Products presented in the Online Shop are not an offer within the meaning of the regulations of the Civil Code, they are an invitation to enter into a Sales contract.
- Submission of an order is an offer submitted to the Seller by the Customer in view of the Civil Code.
- The Customer can choose between two ways of submitting orders:
- Submitting an order after prior registration via the Customer Account,
- Submitting an order without registration via the order form.
- In order to submit an order, the Customer should add to his/her “Cart” the desired product. Adding a product to the “Cart” is not the same as submitting an order. Products can be freely deleted or added to the “Cart”.
- The Customer who has the Customer Account, after signing in and final addition of products to the “Cart”, is directed to the order submission form to provide the way of delivery and payment method. Subsequently, the Customer is directed to the order summary page. The submitted order is realized by clicking “Buy and Pay”.
- The Customer who does not have the Customer Account, after signing in and final addition of products to the “Cart”, is directed to the order submission form to provide the address, payment details, way of delivery and payment method. Subsequently, the Client is directed to the order summary page. The submitted order is realized by clicking “Buy and Pay”.
- The condition of submitting an order is to familiarize oneself with and accept Regulations, which is confirmed by the Customer before submitting an order by ticking an appropriate field in the order form.
- Pressing the "Buy and Pay" button means the Customer placing an Order with the obligation to pay
- Information on the total value of an order, which includes the price of goods and costs of its delivery, is provided on the website of the Online Shop from time to time during the submission of an order. This information is provided before direct confirmation and submission of an order by the customer. The information includes total costs that the Customer has to pay together with proper taxes and costs of delivery.
- After placing an Order, the Customer will receive a message entitled "Order Confirmation" at the e-mail address provided when placing the Order or linked to the Customer Account. This e-mail constitutes acceptance of the Customer's offer. At the moment of informing the Customer of the acceptance of his offer, a Sales Agreement is concluded between the Seller and the Customer.
§5 Payment and price
- The customer can pay for Products included in his/her Order by:
- online payment or payment card via the selected Payment Operator,
- payment by bank transfer to the Seller's bank account.
- Electronic payments are handled by a payment Operator. Making a payment through a payment Operator requires to establish a separate legal relationship with the payment Operator and acceptance of its terms and conditions.
- Prices included on the website of the Online Shop are gross prices in PL currency. Product price before adding to the Cart does not include delivery fees.
- The Customer chooses the way of delivery from the ones available at the website of the Online Shop. Products are delivered to the address provided by the Customer in the order form. Deliveries are mad on Working days.
- The delivery time is counted from the moment of obtaining a positive payment authorization.
- Costs of Products delivery incurred by the Customer in addition to the price of goods are provided on the website of the Online Shop while submitting an Order.
- At the moment of release the Product to the Customer, the benefits and burdens associated with the Product and the danger of its accidental loss or damage pass to the Customer. In the case of delivery carried out by a carrier or forwarding agent other than the Seller, the release of the Product is understood as entrusting it by the Seller to the carrier or forwarding agent, if the Customer is an Entrepreneur, as well as an Entrepreneur on the rights of a Consumer, or collecting the Product from the carrier or forwarding agent, if the Customer is a Consumer.
- The Customer who is an Entrepreneur is obliged to check the condition of goods after delivery in the presence of a representative of the entity that carried out the delivery. In the case of discovering any damage to the delivery, the Entrepreneur is obliged to draft a relevant protocol.
- It is recommended that the Customer who is the Consumer, as well as the Entrepreneur with consumer rights, to a reasonable degree, checked the goods after delivery and in the presence of n the presence of a representative of the entity that carried out the delivery. In the case of discovering any damage to the delivery, it is also recommended for the Consumer to draft a relevant protocol and promptly contact the Seller.
- In the case of orders submitted by individuals who are not Consumers, if the Seller cannot realize the service because the ordered Product is not available, they are authorized to promptly, and not later than within thirty days since the day on which the contract was concluded, withdraw from the contract.
§7 Right of withdrawal from agreement
- The Customer who is a Consumer, as well as the Entrepreneur with consumer rights, who entered into the remote contract via the Online Shop, can withdraw from the contract within 14 days without giving any reason whatsoever.
- The right to withdraw from the contract is not entitled to the Customer in the cases referred to in art. 38 of the Act of 30 May 2014 on Consumer Rights.
- The deadline for the withdrawal starts on the day, on which the Customer became the owner of the goods or on which a third party indicated by him/her other than then carrier assumed the ownership of the goods. In order to meet the deadline, all that is required is to send a statement about withdrawal from the contract before the deadline.
- The Customer can execute his/her right to withdraw from the sales contract by sending a filled and signed withdrawal from the contract form via e-mail or in writing to the Seller’s address.
- Executing the right to withdraw from the sales contract, the Customer can use the withdrawal from the contract form available at the website of the Online Shop that has also been sent to the as an attachment together with information about accepting the order. However, the use of this form is not obligatory.
- In the case of withdrawal from the contract, the contract is deemed not entered into.
- In the case of withdrawal from the contract, the Customer is obliged to promptly return the purchased goods, however not later than within 14 days after withdrawal from the contract. To meet the deadline, all that is required is to send the goods before 14 days to the Sellers’ address.
- Return charges (send back charges) of the goods shall be incurred by the Customer.
- The Seller shall return all payments to the Customer promptly and not later than within 14 days from the reception of the Customer’s withdrawal from the contract statement, including costs of delivery, excluding additional costs that result from the chosen way of delivery other than the cheapest, simple way of delivery offered by the Seller.
- The Seller makes a return payment using the same method of payment previously used by the Customer, unless the Customer indicates a different form of return, unrelated with any costs, in the contract withdrawal statement.
- The Seller can hold the return payment until the moment of receiving the returned goods or upon the delivery of proof that it has been sent, depending on which event occurs sooner.
§8 Complaints of the product
- The Customer who is the Entrepreneur, as well as the Entrepreneur with consumer rights, is not entitled to authority under warranty for defects of the sold goods.
- The Seller is responsible for physical and legal damage of the sold goods to the Customer who is the Consumer, based on the regulations specified in art. 556 and the following ones of the Civil Code.
- The claim can be submitted by the Customer who is the Consumer via e-mail or in writing to the Seller’s address.
- When submitting the claim, the Customer can use the customer claim form available at the website of the Online Shop, however it is not obligatory.
- When submitting the claim without sing the claim form, the Customer shall at least provide the following information in the claim application:
- The Seller shall review and respond to the Customer’s claim promptly and not later than within 14 days since the day of its submission. If the Seller doesn’t respond within the provided period, it means that the Seller found the claim valid.
- If the claim is not positively reviewed, the Customer shall be also notified whether the Seller agrees to settle the dispute outside of court. If the Seller agrees, the Customer shall be informed about the institution competent to settle the case outside of court.
§9 Personal Data Protection
§10 Provision of electronic services
- The Seller provides the following electronic services via the Online Shop:
- Technical requirements necessary to work with the IT system by which the Seller provides electronic services:
- The Customer mustn’t provide content that is illegal.
- The contract for the provision of electronic services is concluded when the Customer creates a Customer Account, when subscribing to the Newsletter service, and when you start using a given functionality of the Online Shop enabling the use of a specific electronic service.
- The contract for the provision of electronic services consisting in the creation and running of a Customer Account in the Online Shop, as well as the provision of the Newsletter service, are concluded for an indefinite period. In respect of other electronic services provided through the Online Shop, the contract for the provision of these services is concluded for an indefinite period and terminates at the time and by the Customer ceasing to use the given electronic service and without having to submit additional statements.
- The Customer may terminate the contract at any time and without giving reasons, reffered in point 4 and 5, by sending a statement via e-mail or in writing to the Seller’s address. A Customer who is a Consumer, as well as the Entrepreneur with consumer rights, may also withdraw from the contract referred to in sections 4 and 5 within a period of 14 without giving any reason, under the conditions specified in § 6.
- The Customer may file a complaint regarding the services provided electronically by the Seller via e-mail or in writing to the Seller’s address.
- The Seller shall review the claim within and not longer than 30 days since its reception, promptly informing the Purchaser about the outcome.
§11 Final provisions
- Customers can access Regulations at any time via the link on the website of the Online Shop. Regulations can be recorded, obtained, and restored by printing or saving it on an appropriate data carrier..
- The provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, including in particular the Act of 30 May 2014 on Consumer Rights. In the event of any unintended non-compliance of the Regulations with the above provisions, priority is given to these provisions and they are applied by the Seller..
- If any of the provisions of Regulations shall be deemed contrary to the law, invalid or in any other way impossible to exercise in the view of the law, then it is excluded within the meaning of the law. The remaining Regulations are in force.
- The Seller can change the provisions of Regulations after informing the Customer by publishing a uniform text of Regulations on the website of the Online Shop. Changes of Regulations or its new content enters into force after 14 days from the date of publishing the new content of Regulations on the website of the Online Shop..
- An order submitted during the period of validity of the former version of Regulations shall be carried out according to its provisions.
- All graphic elements of the Online Shop, technical solutions used in it, elements of content, the way in which graphic elements and content are presented (layout), as well as software, databases and other materials placed as part of the Online Shop are subject of copyright Seller and are protected in accordance with the law..
- In order to use the Online Shop, the Seller grants Customers a non-exclusive, non-transferable, non-transferable, license granted for the time of using the Online Shop to use the Online Shop. Under the granted license, the User is only entitled to temporarily multiply the Online Shop by displaying it in a web browser, as well as saving temporary files in order to use the available functionalities in a manner consistent with these Regulations..
- Terms and Conditions are regulated by the Polish law.
- The choice of a Polish law pursuant to these Regulations does not deprive the Consumer of the protection granted to him/her under provisions that cannot be excluded by way of an agreement between the Seller and the Consumer under the law which would be appropriate under the applicable regulations in the absence of choice.
- Any disputes arising between the Seller and Customer, who is a Consumer, as well as the Entrepreneur with consumer rights, shall be settled by a common court in accordance with regulations of the Code of Civil Procedure.
- Any disputes arising between the Seller and Customer, who is Entrepreneur, shall be settled by a common court having jurisdiction over the seat of the Seller.