Terms and Conditions of the Online Shop
§1 General provisions
1. These regulations define the rules and detailed terms and conditions of providing services electronically through the Online shop https://balumi.com.pl, which is run by Agnieszka Siulerzycka, conducting business activity under the company “BALUMI” Agnieszka Siulerzycka, entered into the Central Register and Information on the Economic Activity carried out by the minister responsible for the economic matters, address of the main place of business: ul. Turkusowa 1a, 05 – 825 Odrano Wola, NIP: 773-150-72-66, REGON: 142317416.
2. Contact details:
“BALUMI” Agnieszka Siulerzycka
ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki
E-mail: firstname.lastname@example.org or email@example.com
3. Definitions of terms used in the regulations:
Account – a collection of resources, marked with an individual name (login) and password, in the Service Provider’s IT system, where the Customer’s data are collected provided by him/her during the registration process, including information on the orders placed.
Consumer – in accordance with art. 221 of the act of April 23, 1964, of the Civil Code, a natural person who performs a legal transaction with the Seller not directly related to his/her business or professional activity.
Customer/Recipient – a natural person, legal entity or organisational unit without legal personality, who uses electronic services provided by the Service Provider or, with whom the Sales Agreement can be concluded.
Online shop – an online shop that operates at https://balumi.com.pl
Seller/Service Provider – Agnieszka Siulerzycka conducting the business activity under the company “BALUMI” Agnieszka Siulerzycka entered into the Central Register and Information on the Business Activity conducted by the minister responsible for the economic matters, address of the main place of business: ul. Turkusowa 1a, 05 – 825 Odrano Wola, NIP: 773-150-72-66, REGON: 142317416, e-mail: firstname.lastname@example.org or email@example.com phone number: 728 834 866.
Parties – Service Provider and Recipient.
Sales agreement – a sales agreement concluded at a distance between the Customer and the Seller, under rules set out in the rules and regulations.
4. The regulations are made available free of charge through the Online shop, in a form that enables its acquisition and recording through the ICT system, which is used by the Recipient. Downloading the Terms of Service in the PDF format requires a software that supports PDF files – the program can be downloaded from the website http://get.adobe.com/pl/reader
5. The Service Provider provides the following services through the Online shop:
opportunity to familiarize with the Seller’s offer,
Account registration and Customer’s Account management,
placing orders through the order form,
additional services: Contact form, Recover password, Opinions.
6. In matters not covered by these Regulations, the provisions of the generally applicable Polish law will be applied, in particular the Act of July 18, 2002 on the provision of services electronically (Journal of Laws of 2016 item 1030, 1579), the Act of May 30, 2014 on the consumer rights (Journal of Laws 2014 item 827 as amended), the Act of April 23, 1964, the Civil Code (Journal of Laws no. 16, item 93 as amended), the Act of August 29, 1997 on the Personal Data Protection (Journal of Laws of 2016 item 922) and other relevant provisions.
§2 Terms of providing services electronically
1. The Service Provider provides services electronically 24 hours a day, 7 days a week. The condition of using the Online shop is:
having a computer or other multimedia device equipped with the operational system Microsoft Windows XP, 7, 8, 10, Vista, Linux, OsX, Android,
active connection to the Internet,
an active e-mail account,
Internet browser: Internet Explorer, Mozilla Firefox, Chrome, Opera, Safari,
minimal screen resolution settings: 1024 x 768 pixels or higher.
2. In the case of correspondence received via e-mail, it is necessary to have an active e-mail account, while in the case of attachments delivered with the mail, the program supporting the files, in particular: PDF, doc, docx, jpg.
3. The Recipient is obliged to use the Online shop, according to its intended purpose, and should refrain from providing content on an unlawful nature.
4. The Service provider shall pay particular attention to the fact that the use of services provided electronically poses a threat to the Recipient, as a user of the Internet. To avoid risks associated with using the Internet, the Customer should use the appropriate software, in particular s/he should have a constantly updated anti-virus program installed, as well as programs protecting the user’s device from the unauthorised access of the third party.
§3 Conditions for concluding and terminating the electronic service contract, involving the Account management
1. The agreement for the provision of electronic services, consisting of the Account management, requires registration. The Account registration is not required to place an order in the Online shop.
2. The Account registration takes place during the process of placing an order by checking the “Create an Account” checkbox. The Recipient’s details should be provided in the registration form (name, surname, e-mail, password). After completing the above steps, the registration confirmation is sent to the e-mail address given during the Account registration. At this moment, an electronic service contract is concluded, which consists of the Account management for an indefinite period of time. The service of the Account management is free of charge.
3. The Service provider does not process the passwords or logins of the registered Recipients in the ICT system of the shop. If a password is lost, the Service provider may automatically generate a new password using the “Recover the password” service. In that case, the Service provider sends a message containing a new password to the Recipient’s e-mail address provided during the Account registration.
4. The Recipient can terminate the contract involving the Account management for providing the service electronically at any time without giving any reason by sending an appropriate statement of will in an electronic form to: firstname.lastname@example.org or in a written form to the address: “BALUMI” Agnieszka Siulerzycka, ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki. The contract expires after 14 days after submitting the statement, unless the parties agree on a shorter notice period.
5. The Service provider may terminate the contract for providing services electronically which involves the Account management, if:
the Recipient provides the content of an unlawful nature and violates provisions of the regulations,
the Recipient runs activities that threaten the security of the Shop’s ICT system (hacking activity),
the Online shop is closed/liquidated.
6. Termination of the contract for providing the service that involves the Account management by the Service provider takes place by sending a relevant statement of will to the Recipient to the e-mail address s/he provided during the Account registration. The contract expires after 14 days from the date of submitting the statement of will to the Recipient regarding the termination. Upon the expiration of the contract on the Account management, the Service provider will delete the Customer’s Account along with the data stored within the Account.
1. Notices, advertisements, price lists and other pieces of information about the goods provided on the website of the Online shop, in particular their descriptions, technical and utility parameters, and prices are an invitation to enter into a contract within the meaning of art. 71 of the Act of April 23, 1964 of the Civil Code.
2. When placing an order through the Online shop, you should select the product and confirm your selection by pressing the “Add to the cart” button. Then, the contents of the cart are displayed, in which we can freely manage its contents, in particular:
increase or decrease the amount of the selected assortment,
completely remove the product from the cart,
use a purchase coupon.
3. Then, we select the delivery method and the payment method, by selecting one of the available options and we click on “Go to checkout” button. In the next step, we specify the way of placing the order. We can choose from:
as a registered Customer, with a Store Account,
as a Customer without an Account – an order is placed through an order form with the possibility to create an Account.
4. When the order is placed by a registered Customer, with an Account in the Store, the Customer’s contact information is provided automatically to the order form from the Customer’s Account.
5. In the case of placing an order as a Customer without an Account, the following information should be provided in the order form, which is required to carry out the order (delivery of goods):
name and surname,
e-mail address, phone number,
delivery address: country, street, building/apartment number, postal code, city.
6. After completing the entire order, specifying the delivery method, form of payment, the Customer places an order by clicking the “Buy and pay” icon. The Seller confirms the receipt of the order. Confirmation of the receipt and acceptance of the order by the Seller (containing the details of all relevant order components) is done by sending an e-mail to the person placing the order. The Sales contract between the Customer and the Seller is concluded upon the receipt of this e-mail. The confirmation, sharing, consolidation and securing of the contents of the concluded Sales agreement is performed by sending an e-mail to the Customer, which includes the confirmation of the Sales contract conclusion with the order specifications and an attachment in the form of these Terms and Conditions in the PDF file.
§5 Prices of goods
1. The prices of products indicated on the Online shop website are in euro and are gross prices – containing taxes, including the tax on goods and services (VAT).
2. The prices do not include shipping costs. The cost of delivery depends on how the goods are delivered. The delivery method is selected when placing an order. The Consumer is informed about the total price with the taxes on goods, as well as the delivery costs, and other costs, and when the amount of these fees cannot be determined – on the obligation to pay them, when placing an order, as well as when the Consumer consents to the concluding of the Sales contract.
3. In order to document the sale, the Seller issues a receipt or a VAT invoice, which is delivered to the Customer electronically or by mail, to the address indicated by the Customer.
§6 Payment for the goods
1. The Seller shall make the following forms of payment available:
payment by a bank transfer to the Seller’s bank account,
electronic payments via Przelewy24 – the payment is made by a credit card or an electronic transfer (e-transfer).
2. The payment via a bank transfer should be settled within 7 days from the date of the Sales contract conclusion to the bank account run by Credit Agricole Bank Polska – account number: 73 1940 1076 3168 5599 0000 0000 (payment in EURO). The order number should be specified in the title of the transfer.
3. The electronic payment service in the case of Przelewy24 is managed by PayPro SA with its registered office in Poznan, at ul. Kanclerska 15, 60 – 327 Poznan, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Poznan – Nowe Miasto and Wilda in Poznan, VIII Commercial Division of the National Court Register under the NCR number: 0000347935.
§7 Ways, dates and costs of delivery
1. The Seller performs the delivery to all European Union countries. The delivery is carried out through a courier company.
2. The delivery of goods is performed on the territory of the Republic of Poland within 7 days, while in the case of delivery of goods to other European Union countries, this time is up to 14 days. The time of delivery for the transfer payment starts from the day when the payment is posted on the Seller’s bank account. The delivery of goods to the Customer is chargeable. The cost of delivery is presented each time during the selection of the delivery form when placing an order.
§8 Complaint handling procedure
1. The basis and scope of the Seller’s liability against the Consumer for the right to the warranty for a physical and legal defect is defined in the Act of April 23, 1964 of the Civil Code.
2. The Seller is obliged to deliver the goods without defects. The responsibility, in this respect, is regulated by the provisions set out in art. 556 and 556¹- 556³ of the Civil Code. If the goods sold have a defect, the Customer can:
submit a declaration to reduce the price or withdraw from the contract, unless the Seller will replace the defective product immediately and without undue inconvenience for the Customer with a product free of defects, or will remove the defect. This restriction does not apply, if the goods have already been exchanged or repaired by the Seller, or if the Seller has not performed the obligation to replace the goods with the ones free of defects or removal of the defect. The reduced price should remain in a proportion to the contract price, where the value of the defective goods remains to the value of goods free of defects. The Customer cannot withdraw from the contract if the defect is irrelevant,
demand a replacement of goods with goods free of defects or removal of the defect. The Seller is obliged to replace the defective goods with goods free of defects or remove the defect within a reasonable time without undue inconvenience for the Customer. The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective product into compliance with the contract in the manner selected by the Customer, or compared to the second possible manner to bring it into compliance with the contract, it would require excessive costs.
3. The warranty claim can be submitted as follows:
in writing to: “BALUMI” Agnieszka Siulerzycka, ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki
electronically to: email@example.com
by phone: 728 834 866
4. The complaint notice should include the name and surname, correspondence address, e-mail address, phone number, data about the defective product (name of the product, date of the purchase, description of the defect identified in the product, claim for warranty resulting from the Civil Code) and the preferred way of being informed about the way the complaint is handled.
5. The Seller will respond to the submitted complaint within fourteen day from its receipt. If the purchaser, who is a Consumer, requested the exchange of the item or the removal of the defect, or made a statement to reduce the price specifying the amount, for which the price should be reduced, and the Seller did not respond to the request within fourteen days, the claim shall be deemed justified.
6. The Seller is liable under the warranty, if a physical defect is discovered within two years from the date of delivering the product to the Customer.
7. The claim for the removal of the defect or exchange of the product with a defect-free one shall expire in a year, from the date on which the defect was discovered, however, in the case the Consumer purchases the products, the expiration period may not end before the expiration of the period referred to in §8 point 6. Within this time, the Customer may make a declaration to withdraw from the contract or to reduce the price due to the defect of the goods. If the Customer requested an exchange of the goods with the ones free of defects or the removal of the defect, the period of time for submission of the contract withdrawal notice or the reduction of the price shall commence at the moment of the ineffective expiry of the term for the replacement of the item or removal of the defect.
8. The goods in relation to which the defect has been discovered should be delivered to: “BALUMI” Agnieszka Siulerzycka, ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki.
9. The Seller’s responsibility under the warranty is excluded for the Customers who are not Consumers (legal basis: art. 558 § 1 of the Civil Code).
§9 The right of withdrawal from the contract
1. The Consumer, who has entered into a contract at a distance, within 14 days may withdraw from it without giving a reason and without incurring costs, except for the costs specified in §9 point 7. It is enough to send a statement before the expiration of the deadline. Declaration of withdrawal from the contract can be submitted in an electronic form to: firstname.lastname@example.org or in writing to: “BALUMI” Agnieszka Siulerzycka, ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki.
2. The Consumer may submit a declaration to withdraw from the contract using a form of withdrawal set out as attachment no. 1 to these Regulations. Using the above form is a convenience for the Consumer, but it is not mandatory. If you submit a withdrawal notice electronically, the Seller confirms the receipt of the statement to withdraw from the contract by e-mail.
3. The withdrawal period begins:
for the contract, being performed, in which the Seller delivers the goods, being obliged to transfer his ownership – from taking the goods into possession by the Consumer or a third party designated by him, other than the carrier,
for the contract, which included multiple items, which are delivered separately, in batches or in parts – from taking the last item, batch or part into possession.
4. In the event of withdrawing from the contract concluded at a distance, the contract shall be deemed as not concluded. If the Consumer has submitted a declaration to withdraw from the contract before the Seller has accepted his/her offer, the offer shall cease to be binding.
5. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s withdrawal declaration, return the Consumer all payments made by him/her, including the delivery costs, except for additional costs resulting from the way of delivery selected by the Consumer, other than the cheapest ordinary method of delivery available in the Online shop. The Seller makes a repayment using the same method of payment used by the Consumer, unless the Consumer has explicitly agreed to another way of reimbursement, which is not involve with any costs for him/her. If the Seller has not offered to collect the goods from the Consumer on his own, he may refrain from reimbursing the payments received from the Consumer until the goods have been returned or the proof provided by the Consumer that it has been shipped, depending on whichever takes place earlier.
6. The Consumer is obliged to return the goods to the Seller, or hand them over to the person authorised by the Seller to the receipt immediately, but not later than within 14 days of the date of withdrawal from the contract, unless the Seller has offered to collect the goods on his own. It is enough to return the goods before the expiration of the deadline. The goods should be returned to the Seller’s address: “BALUMI” Agnieszka Siulerzycka, ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki.
7. The Consumer incurs the direct costs for returning the goods. If the Consumer chooses to deliver the items in a manner different than the cheapest ordinary delivery method offered by the Seller, the Seller is not oblige to reimburse the Consumer for the additional costs incurred by him/her.
8. The Consumer is responsible for reducing the value of the goods resulting from their use going beyond the manner necessary to determine the nature, characteristics and functioning of the goods.
9. The right to withdraw from the contract concluded at a distance is not vested to the Consumer in relation to contracts:
where the non-prefabricated goods, manufactured according to the Consumer’s specifications or satisfying his/her individual needs is the subject of the offer,
where the goods delivered in a sealed package, which after opening cannot be returned for the health or hygiene reasons, if the package was opened after delivery, are the subject of the service,
where the goods, which after delivery, due to their own merit, are inseparably linked to other goods, are the subject of the service.
§10 Out-of-court ways of dealing with complaints and claims
1. The detailed information on out-of-court ways of dealing with complaints and claims and the rules of access to these procedures are available at the offices and on the websites of the county (municipal) ombudsmen of consumers, Voivodeship Inspectors of trade and on the website of the Office of Competition and Consumer Protection https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
2. The Consumer may use the following out-of-court institutions that deal with handling complaints and claims:
turn to the Provincial Inspector of Trade Inspection wit a motion to resolve a dispute between the Consumer and the Seller. The Provincial Inspectorates of the Trade Inspection and their local branches conduct mediation to resolve the disputes between the Seller and the Consumer. The information about the mediation procedure can be found at the offices and on the websites of particular Provincial Inspectorates of Trade Inspection,
file a motion to consider the matter in front of the permanent arbitration court, operating at the Provincial Inspectorate of Trade Inspection,
get free legal advice from the local or district consumer advocates,
get legal help provided by non-governmental organizations, such as the Consumer Federation, the Polish Consumer Association. The advice is provided under the toll free helpline 0 800 007 707 or by e-mail: email@example.com
3. The authorised entity, competent for the Seller, is the Provincial Inspectorate of Trade Inspection in Warsaw, at ul. Sienkiewicza 3, 00 – 015 Warszawa http://wiih.org.pl
4. At the Office of Competition and Consumer Protection there is a contact point providing information to Consumers on issues related to the out-of-court resolution of consumer disputes. The help is provided under the phone number 22 55 60 333 or electronically: firstname.lastname@example.org
5. The Consumer may also file a complaint through the ODR platform (online dispute resolution) available at: http://ec.europa.eu/consumers/odr/ The European ODR platform is one common point of access for consumers and entrepreneurs, which enables the settlement of disputes concerning contractual obligations arising from the concluded Internet sale contract and/or concluded Internet contract for providing services. At the same time, we remind you that the e-mail address of “BALUMI” Agnieszka Siulerzycka, for contact is: email@example.com
§11 Additional services provided electronically
1. The “Contact Form” service is available for all Service Users who have access to the Shop and it enables contact with the Service provider. To use the above service, click on the “Contact” tab, then provide your name, surname, phone number, e-mail address, enter the appropriate message and click “Send”. The “Contact Form” service is provided free of charge.
2. The “Recover password” service is available to all Service Users, who have registered the Account and it enables the recovery of data from the “My Account” panel in the form of setting a new password. To use this service, click on the “Logging in” button and the “Forgot your password?” button, then give the e-mail address provided during the Account registration, to which a message with a new password will be sent, and click the “Reset password” button. The information appears on the Shop’s website that a new password was sent to the given e-mail address. The “Recover password” service is provided free of charge.
3. The “Opinions” service is available to all Service Users, who use the Shop’s services and it allows you to add reviews to the selected products. To use this service, select the product, then in the “Opinions” tab you should add marks by checking the appropriate number of stars (1-5), the content of the opinion should be written in the “Your opinion” window, provide the Customer’s name (e.g. name, surname, Customer’s login, nickname), provide the e-mail address and click the “Add opinion” button. The opinion will be posted to the product’s card upon approval by the Shop’s administrator. The “Opinions” service is provided free of charge.
§12 Complaints in terms of services provided electronically
1. Complaints about services provided electronically can be addressed to the e-mail address: firstname.lastname@example.org or in writing to the address: “BALUMI” Agnieszka Siulerzycka, ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki.
2. In the complaint form please provide: name and surname, e-mail address, description of the problem that is the basis for the complaint, the way of responding to the complaint (by mail or electronically). The information referred to in the preceding sentence makes it easier to deal with the complaints by the provider.
3. The Service provider will respond to the complaint promptly, no later than within fourteen days from the day of its receipt, sending an appropriate response in accordance with the method selected by the Customer.
§13 Protection of personal data
1. The Service provider is the administrator of the personal data collected through the Online shop. The personal data of the Service Users are processed in accordance with the Electronic Services Act of July 18, 2002 (Journal of Laws of 2016 item 1030, 1579) and the Persona Data Protection Act of August 29, 1997 (Journal of Laws of 2016 item 922). The collection of personal data was submitted for registration to the Chief Inspector for Personal Data Protection (book no.: 158903).
2. The Service provider processes the following personal data of the Service Users necessary for establishing, formulating contents, changing or terminating the legal relationship, among others: name and surname, company name, e-mail address, phone number, country, street, building/apartment number, postal code, city. The provision of Customer’s data is voluntary, but necessary for the registration of the Customer’s Account, and the conclusion of the Sales Contract.
3. The Service provider shall provide appropriate technical and organisational means to ensure the security of personal data provided by the Service Users, in particular to prevent unauthorised access to them by third parties or their processing in violation of the legal provisions, preventing data loss, their damage or destruction.
4. The Recipient has the right to access the content of his/her personal data, the right to correct or remove them. The access to own personal data is possible within the Account after logging in, and also on the request that is sent by the Recipient via e-mail to: email@example.com or in writing to the address: “BALUMI” Agnieszka Siulerzycka, ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki.
§14 Final provisions
1. The contracts concluded via the Online shop are concluded in Polish, in accordance with the applicable law.
2. The Service provider allows the right to modify the provisions of these Regulations for important reasons, in particular in the event of a change in the applicable law, changes in the form of payment, changes in delivery methods, changes in the manners for providing services electronically covered by the regulations, changes in the Service provider’s data, including the e-mail address, phone number. Amendments to the Terms and Conditions will not affect the orders placed and executed, which are covered by the regulations in force at the time of placing the order. The Service provider will publish a consolidated text of the revised Terms and Conditions on the Shop’s website with an indication of the applicable date. The Service provider will inform the Service Users about the changes in the Terms of Service, who concluded an agreement for providing services electronically, involving the Account management, via e-mail. In the event of non-acceptance of the amended regulations, the Customers may terminate the contract for providing services, involving the Account management, electronically within fourteen days from the receipt of the e-mail, with immediate effect.
3. Any disputes arising between the Seller and Consumers shall be submitted to the competent courts in accordance with the provisions of the Act of November 17, 1964 of the Code of Civil Procedure.
4. All product photographs and other materials, in particular texts, graphics, descriptions, logos, published on the Shop’s website are the property of the Seller or were used by him with the consent of a third party, who owns the copyrights, shall be protected in accordance with the Act of February 4, 1994 on the Copyright and related rights (Journal of Laws of 2017 item 880).
5. These Terms and conditions apply from June 21, 2017.
Attachment no. 1
MODEL FORM FOR THE WITHDRAWAL FROM THE CONTRACT
(this form should be filled in and sent back only in case of withdrawal from the contract)
– Addressee: “BALUMI” Agnieszka Siulerzycka, ul. Montwiłła 45, 05 – 825 Grodzisk Mazowiecki, e-mail addresses: firstname.lastname@example.org phone number: 728 834 866.
– I/We(*) hereby inform(*) you about my withdrawal from the sales contract of the following items(*) delivery contract of the following items(*) contract work of performing the following(*) /provision of the following service(*)
– Date of conclusion of the contract(*) /receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in a paper form)
(*) Delete as appropriate