BOHEMISOUL

Regulations

The conclusion of the contract between the Buyer and the Seller may take place in two ways.

Before placing an order, the Buyer has the right to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following regulations. These negotiations should be conducted in writing and sent to the address of the Seller BohemiSoul Al. 3 Maja 31/4, 34-500 Zakopane
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following terms and applicable law shall apply.

REGULATIONS

§1 Definitions

1. Postal address – name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, apartment or flat number; in the case of a city not divided into streets: city name and real estate number), zip code and city.
2. Complaint address:

BOHEMISOUL
Agnieszka Balbierz

Al. 3 Maja 31/4, 34-500 Zakopane

3. Delivery price list – a list of the available types of delivery and their costs at bohemisoul.com/strona/dostawaizwrot.
4. Contact details:

BOHEMISOUL
Agnieszka Balbierz

Al. 3 Maja 31/4, 34-500 Zakopane

e-mail: hello@bohemisoul.com

5. Delivery – the type of transport service along with the carrier and cost specification listed in the delivery price list at bohemisoul.com/strona/dostawa
6. Proof of purchase – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended, and other applicable laws.
7. Product card – a single subpage of the store containing information about a single product.
8. Customer– an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but having legal capacity, making a purchase from the Seller directly related to its business or professional activity.
9. Civil Code – the Civil Code Act of April 23, 1964, as amended.
10. Code of good practice – a set of rules of conduct, in particular ethical and professional standards referred to in Art. 2 points 5 Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
11. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
12. Cart – a list of products made of the products offered in the store based on the Buyer’s choices.
13. Buyer– both the Consumer and the Customer.
14. Place of issue of goods – postal address or collection point indicated in the order by the Buyer.
15. Moment of handing over the item – the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
16. The ODR internet platform– an EU website operating on the basis of the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr
17. Payment– method of payment for the subject of the contract and delivery, listed at bohemisoul/site/payment. Online payment – the entity providing online payment services is Blue Media S.A. Available payment methods: Visa, Visa Electron, MasterCard payment cards. MasterCard Electronic, Maestro.
18. Authorized entity – an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
19. Consumer law – the Act on consumer rights of 30 May 2014.
20. Product– the minimum and indivisible number of items that may be the subject of the order, and which is given in the Seller’s store as a unit of measure when determining its price (price / unit).
21. Subject of the contract– products and delivery being the subject of the contract.
22. Subject of the service – subject of the contract.
23. Collection point – the place of delivery of the item, which is not a postal address, listed in the statement provided by the Seller in the store.
24. UOKiK Register – a register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/re reg_podmiot_uprawowani.php
25. Thing– a movable item that may be or is the subject of the contract.
26. Store – the website available at bohemisoul.com, through which the Buyer may place an order.
27. Seller:

BOHEMISOUL
Agnieszka Balbierz

Al. 3 Maja 31/4, 34-500 Zakopane

NIP: 712-312-09-17, REGON: 06131167

registered and visible in the CEIDG records at:https://prod.ceidg.gov.pl/ceidg/ceidg.public.ui/SearchDetails.aspx?Id=89a9225f-9668-4384-877f-4dce4c…

BANK ACCOUNT: 97 1050 1041 1000 0097 0009 5806

28. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
29. Completion date – the number of hours or working days specified on the product card.
30. Agreement – an agreement concluded outside the entrepreneur’s premises or at a distance within the meaning of the Act on consumer rights of May 30, 2014 in the case of Consumers and a sales contract within the meaning of art. 535 The Civil Code Act of April 23, 1964 in the case of Buyers.
31. Defect – both a physical defect and a legal defect.
32. Physical defect – non-compliance of the item sold with the contract, in particular if the item:
a. it does not have properties that this type of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
b. does not have properties that the Seller has provided to the Consumer,
c. it is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an intended use;
d. was delivered to the Consumer incomplete;
e. in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
f. it does not have the properties provided by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as the manufacturer, unless The seller did not know these assurances or, judging reasonably, he could not know or they could not have influenced the consumer’s decision to conclude the contract, or if their content was corrected before the contract was concluded.
33. Legal defect– a situation where the sold item is owned by a third party or is encumbered with the right of a third party, and also if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
34. Order – Buyer’s declaration of intent made through the store, clearly specifying: the type and quantity of products; type of delivery; payment method; place of delivery of the item, Buyer’s data aimed directly at the conclusion of the contract between the Buyer and the Seller.

§2 General conditions

1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
2. The place of handing over the item must be on the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver items free from defects.
4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. All terms are calculated in accordance with Art. 111 Of the Civil Code, i.e. the period marked in days ends at the end of the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.
6. Confirmation, disclosure, consolidation, securing of all essential provisions of the contract in order to gain access to this information in the future takes the form of:
a. order confirmation by sending to the indicated e-mail address: orders, pro forma invoices, information on the right to withdraw from the contract, these regulations in pdf version, the model withdrawal form in pdf version, links to download the regulations and the withdrawal form;
b. attach to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information on the right to withdraw from the contract, these regulations, a model withdrawal form.
7. The Seller informs about the known guarantees granted by third parties for products in the store.
8. The Seller does not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication.
9. The Seller provides the Buyer using the system with the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on the screens with a horizontal resolution above 1024 px. The use of third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of the bohemisoul.com store, turn them all off.
10. The buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The buyer can view, correct, update data and delete the account in the store at any time.
11. The Seller complies with the code of good practice.
12. The Buyer is obliged to:
a. not to provide and not to transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
b. use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
c. not to take actions such as: sending or posting unsolicited commercial information (spam) within the store,
d. use the store in a way that is not inconvenient for other Buyers and for the Seller,
e. use of any content included in the store only for personal use,
f. use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.

§3 Conclusion of the contract and implementation

1. Orders can be placed 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
a. adding a product to the cart;
b. choosing the type of delivery;
c. choosing the type of payment;
d. choosing the place of handing over the item;
e. placing an order in the store by using the “Order and pay” button
3. The conclusion of the contract with the consumer takes place upon placing the order.
4.The implementation of the Consumer’s order payable on delivery takes place immediately, and the order payable by bank transfer or via the electronic payment system after the Consumer’s payment is credited to the Seller’s account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the obligations under not his fault and informed the Seller about it.
5. The time of completing the Consumer’s order paid by the payment card is counted from the moment of obtaining the payment authorization. The Seller accepts the following types of payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
6. The conclusion of the contract with the Customer takes place upon the acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.
7. The execution of the Customer’s order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or via the electronic payment system after the contract is concluded and the Customer’s payment is credited to the Seller’s account.
8. The execution of the Customer’s order may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the consent of the Seller to send the order on delivery (payable on delivery).
9. The subject of the contract is shipped within the time limit specified on the product card, and for orders composed of multiple products, the longest date specified in the product cards. The time limit begins with the completion of the contract.
10. The purchased subject of the contract, together with the sales document selected by the Buyer, is sent with the type of delivery selected by the Buyer to the place of issue of the goods indicated by the Buyer in the order, along with the attached attachments referred to in §2 point 6b.

§4 The right to withdraw from the contract

1. The consumer is entitled, pursuant to art. 27 Consumer rights, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33 and 34 Consumer law.
2. The deadline for withdrawing from a distance contract is 14 days from the date of delivery of the item, and it is sufficient to return the item before its expiry to meet the deadline. The goods must be physically delivered to the seller to meet the deadline.
3. The declaration of withdrawal from the contract may be submitted by the Consumer on the form, the specimen of which is attached as Annex 2 to the Consumer Law, on the form available at bohemisoul.com/formularz_zwrotu or in any other form consistent with the Consumer Law.
4. The Seller shall immediately confirm to the Consumer by e-mail (provided at the time of concluding the contract and otherwise, if provided in the submitted statement) receipt of the declaration of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered void.
6. The consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
7. The consumer returns the items that are the subject of the contract from which he withdrew at his own expense.
8. The consumer does not bear the costs of delivering digital content that is not stored on a tangible medium, if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of giving such consent or the entrepreneur has not provided confirmation in accordance with art. 15 point 1 i art. 21 point 1. Consumer law.
9. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
10. The Seller shall immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return all payments made by the Consumer, the Seller is not obliged to reimburse the Consumer for additional costs related to the shipment in accordance with Article 33 of the Consumer Law.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of payment, which does not involve any costs for him.
12. If there is a need to return funds for a transaction made by the Consumer with a payment card, the Seller will be refunded to the bank account assigned to the Consumer’s payment card.

13. The Seller may withhold the reimbursement of the payment received from the Consumer until the goods are returned.
14. The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
a. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
d. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened after delivery;
e. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
f. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
g. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
h. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract.

§5 Warranty

1. The Seller, pursuant to Art. 558 §1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer under the terms of Art. 556 Of the Civil Code and subsequent ones for defects (warranty).
3. In the case of a contract with a consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed on to the consumer.
4. The Consumer, if the item sold has a defect, may:
a. make a statement requesting a price reduction;
b. make a declaration of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
5.The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item with a non-defective one or, instead of the replacement of the item, request the removal of the defect, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the proposed method. by the Seller, and when assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found, and the inconvenience to which the Consumer would otherwise be satisfied are taken into account.
6. The consumer cannot withdraw from the contract if the defect is irrelevant.
7. If the item sold has a defect, the Consumer may also:
a. demand replacement of the item with one free from defects;
b. demand that the defect be removed.
8. The Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing the defective item into conformity with the contract.
10.If the defective item has been installed, the Consumer may request the Seller to disassemble and reinstall it after replacing it with a non-defective one or removing the defect, but is obliged to bear some of the related costs exceeding the price of the item sold or may demand payment from the Seller. part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of non-fulfillment of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11. The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the complaint address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the in which the thing is. In the event of failure by the Seller to fulfill the obligation, the Consumer is entitled to return the goods at the expense and risk of the Seller.
12. The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.
14. The Seller, within fourteen days, will respond to the provisions based on Art. 5615 of the Civil Code: statements about a request for a price reduction, requests to replace the item with one free from defects, requests to remove the defect. The Seller, within thirty days (Article 7a of the Consumer Law), will respond to any other Consumer’s statement that is not covered by the fourteen-day period specified in the Civil Code.
Otherwise, it is considered that he considered the Consumer’s statement or request justified.
15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.
16. The Consumer’s claim to remove the defect or replace the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the moment the item is delivered to the Consumer.
17. In the event that the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item found before that date.
18. Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item with a non-defective one or removal of the defect, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
19. In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for the exercise of other rights due to the Consumer in this respect is suspended until the final conclusion of the proceedings. Odpowiednio stosuje się również do postępowania mediacyjnego, przy czym termin do wykonania innych uprawnień z tytułu rękojmi, przysługujących Konsumentowi, zaczyna biec od dnia odmowy przez sąd zatwierdzenia ugody zawartej przed mediatorem lub bezskutecznego zakończenia mediacji.
20. To exercise the rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, however the period starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action of a third party – from the date on which the decision issued in a dispute with a third party becomes final.
21. If, due to a defect in the item, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible. liability, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent that he did not benefit from them, and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
22. The expiry of any time limit for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
23. The Seller, if he is obliged to provide or provide financial services to the Consumer, will perform them without undue delay, no later than the period provided for by law.

§6 Privacy policy and personal data security

1. The administrator of databases of personal data provided by the Consumers of the store is the Seller.
2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Provision Act of July 18, 2002. By providing his personal data to the Seller when placing the order, the Buyer agrees to their processing by the Seller in order to complete the order. The buyer can view, correct, update and delete his personal data at any time.
3. Detailed rules for the collection, processing and storage of personal data used to fulfill orders by the store are described in the Privacy Policy, which can be found at: bohemisoul.com/strona/politykaprywatnosci

§ 7.personal data protection

  1. By placing an order in the Bohemi Soul online store, the Buyer agrees to the processing of his personal data for the purpose of implementing the sales contract. Providing personal data by the Buyer, to the extent necessary to perform the sales contract and its proper documentation, is obligatory, in the remaining scope depends on the Buyer’s consent to provide them.
  2. The personal data provided by the Buyer is the minimum necessary for the proper performance of the contract by the Seller and is used only for the purpose of: a) performance of the contract, b) informing about new goods, services and promotions offered by the Bohemi Soul-Agnieszka Balbierz store if the Buyer agrees.
  3. The Buyer’s personal data is protected in accordance with the Act of August 29, 1997. on the protection of personal data (i.e. Journal of Laws of 2002, No. 101, item 26) in a way that prevents access to them by third parties. More information is available on the Seller’s website – Privacy Policy.
  4. The Seller is the administrator of the personal data of the Bohemi Soul-Agnieszka Balbierz online store. This data is not shared with third parties for marketing or any other purposes. The Buyer has the right to access, correct and delete his personal data at any time. In order to exercise these rights, the user may contact the store administrator by sending an e-mail to the following address: info@bohemisoul.com

§8 Final Provisions

1. Nothing in these regulations is intended to infringe the Buyer’s rights. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.
2. Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the regulations tab (bohemisoul.com/strona/regulamin). During the execution of the order and throughout the entire period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except when the Consumer finds it less favorable than the current one and informs the Seller about the choice of the current one as binding.
4. In matters not covered by these regulations, the applicable legal provisions shall apply. Disputed issues, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or an arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-trial or out-of-court dispute resolution, e.g. via the EU ODR internet platform or by selecting any authorized entity from among those listed in the UOKiK register. The seller declares his intention and agrees to an out-of-court resolution of the consumer dispute.
As a last resort, the matter is resolved by the local and material court.

Version 13.3 (city, January 10, 2017)

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