The Regulations set out the rules for the sales services provided through the website of the online shop operating under the domain: www.bagstar.pl. It is a document required under Article 13 of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827).
Entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000825540
NIP: 5242897166 REGON : 385424977
Bank account number:: PEKAO Bank Pekao S.A. 62 1240 1040 1111 0010 9661 8816
The shop administrator is the company:
BAGSTAR.pl limited liability company sp.k
Adress: 05-270 Marki, Okolna St. 45
Address for CORRESPONDENCE and SHIPMENTS: as above
tel. (+48) 22 424 33 93, 22 266 89 07, automated fax: 22 266 89 08
e-mail: [email protected]Registration data - register and number:
Entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000825540
NIP: 5242897166 REGON : 385424977
Bank account number:: PEKAO Bank Pekao S.A. 62 1240 1040 1111 0010 9661 8816
The shop is owned by the company:
PPH Bagstar Roman Owczarczyk
Adress: 05-270 Marki, ul. Okólna 45
Address for CORRESPONDENCE and SHIPMENTS: as above.Registration data - register and number:
entered in the Central Register of Information on Business Activity (CEIDG) under number NIP: 1130200376, REGON: 01742731
Prior to placing an order, the BUYER shall have the right to negotiate any provisions of the contract with the SELLER, including amendments to the provisions of the following regulations - within the scope allowed by the law. Such negotiations shall require written form for their validity. If the BUYER resigns from the possibility of concluding a contract by way of individual negotiations, the following regulations shall apply.
- INTERNET STORE - means that the AGREEMENT for sale or provision of a service is concluded electronically and if the CONSUMER is a party to the agreement then it takes place under the conditions described in the Act of 30 May 2014 on CONSUMER rights (Journal of Laws 2014, item 827).
- CUSTOMER a natural person, an individual entrepreneur, as well as a legal person and an organizational unit which is not a legal person but to which special provisions grant legal capacity, and which concludes or intends to conclude a contract or uses other services offered through the WEBSITE OF THE INTERNET STORE.
- CONSUMER - CLIENT, a natural person who makes a legal transaction with the SELLER which is not directly connected to his/her business activity - a precise definition - Civil Code Art.221 CC1 kc
- INDIVIDUAL ENTERPRISE - a Buyer who is a natural person entering into an agreement (including a sales contract through the Store) directly related to his or her business, where the content of the agreement indicates that it is not of a professional nature for the Buyer, resulting in particular from the subject of his or her business activity, available on the basis of the provisions of the Central Register and Information on Business Activity.
- PRODUCT - an item offered for sale or a service offered in the INTERNET STORE.
- REGULATIONS - present Regulations of the WEB STORE.
- SALE AGREEMENT - a sale agreement of a PRODUCT placed at a distance through an INTERNET STORE.
- ORDER - a statement made in electronic form or by phone of the desire to enter into an agreement (order of a product or service).
- NEWSLETTER - service offered electronically by the SELLER which consists in sending commercial and advertising information to the e-mail address provided by the interested person.
B. General provisions.
- Business scope - mail order of packaging and packaging materials using the website.
- The SELLER applies the European Code of Conduct for Electronic Commerce. Below is a link to the Polish version of the Code: http://www.euro-label.com/pl/kodeks/index.html.
- THE CUSTOMER - is obliged to enter data into the system which are accurate, compliant with the law and good manners. The data provided may not infringe personal rights or property rights of third parties.
- The SELLER is a tax payer of VAT and for each sale of a product issues a sales document - a receipt or an invoice.
- Commercial information - price lists, descriptions, advertisements and other information about Products placed on the website of the SELLER constitute an invitation to make an agreement as defined in Article 71 of the Civil Code.
- HE INTERNET SHOP realizes orders with shipment to Poland and other EU countries. In case of orders from abroad - the shipping conditions - especially costs and time of delivery are agreed individually.
- Before placing an order the CLIENT must read the present REGULATIONS. The fact of becoming acquainted with and accepting all provisions of the present Regulations is confirmed openly during registration in the system and before final confirmation of the order. The order form will not be accepted without such confirmation.
- An order by e-mail can be placed 24 hours a day, 7 days a week.
- A telephone order can be placed at the telephone number given in the CONTACT section. In the case of a distance contract concluded by telephone, the SELLER shall confirm the contents of the proposed contract by sending it to the CUSTOMER recorded on paper or on another permanent media. In order for the contract to be valid, the CONSUMER shall make a declaration of accepting the conditions and concluding the contract - it is effective if it is recorded on paper or another permanent media after receiving the confirmation from the SELLER.
- The execution of the order (preparation and shipment of the PRODUCTS) by the SELLER takes place :
- a) after order confirmation - if payment on delivery has been chosen;
- b) after receiving payment on account - if prepayment has been chosen.
- c) when paying by card - from the moment of obtaining a positive authorization.
- Product prices provided in the shop's offer are in Polish currency and are gross prices (they include legally required taxes, including VAT).
- Product prices do not include delivery costs.
- The price binding for the CUSTOMER is the price valid at the moment of placing the order.
E. Methods of payment
- Cash on delivery - on collection of the shipped products;
- Prepayment - by transfer to the bank account specified in the SELLER's details or sent in the order confirmation;
- Payment in cash or by card upon personal collection - ordered products must be collected within 10 days from placing the order at the company's headquarters;
- PayPro SA (PayPro) online payment system - the entity providing the Service to Users, based in Poznan, ul. Kanclerska 15 (60-327), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznan Nowe Miasto and Wilda, VIII Commercial Department of the National Court Register under KRS no. 0000347935, NIP no. 7792369887, with a share capital of 4. 500,000.00 PLN, fully paid up and to the register of national payment institutions kept by the Polish Financial Supervision Authority under number UKNF IP24/2014;
- In the case of choosing prepayment by bank transfer, the CUSTOMER shall be obliged to pay the price for the Sales Agreement within 7 days from its signing, unless the Parties to the Sales Agreement agree otherwise.
- The SELLER shall have the right to limit the available payment methods, including the right to require that the payment is made in full or in part in advance.
F. Dispatch of goods
- The delivery costs are covered by the CLIENT unless the description of the product offer states otherwise.
- The CUSTOMER is informed about the costs while filling in the interactive order form and chooses the way and accepts the shipping cost while placing the ORDER.
- In case of shipment abroad the shipping costs and delivery time are determined individually.
- The purchased products are sent by post or courier companies.
- If the customer has chosen to ship the product with the "cash on delivery" payment option - the customer is obliged to collect the parcel with the ordered products. If the customer - regardless of the reason - fails to collect the parcel, the SELLER shall have the right to withdraw from the contract on the day of return receipt of the uncollected parcel.
G. Right of withdrawal (RETURN OF GOODS) for distance selling involving CONSUMER and INDIVIDUAL ENTREPRENEUR
- In accordance with Article 27. of the Consumer Rights Act (Journal of Laws 2014, item. 827) CONSUMER containing "a distance contract" - has the right to withdraw from the contract without giving any reason - within 14 calendar days from the date of taking possession of the PRODUCT. In the case of withdrawal from the contract, the CONSUMER shall be entitled to reimbursement of the costs incurred. If, at the time of concluding the contract, the CONSUMER chose a way of delivering the item other than the cheapest way offered by the SELLER, the SELLER shall not be obliged to return the additional costs incurred by the CONSUMER in excess of the cheapest way. The deadline shall be met if the declaration on withdrawal from the contract is submitted to the SELLER within this period. The declaration sent electronically is also valid - a ready form can be used ("Statement of withdrawal from the contract.doc."). If the declaration is made electronically, the SELLER shall immediately send to the CONSUMER, on a durable medium, the confirmation of receipt of the declaration of withdrawal from the contract.
- After sending the declaration, the CONSUMER shall, within 14 calendar days ( starting from the date of sending the declaration on withdrawal from the contract), send it back to the CORRESPONDENCE address specified in the SELLER's data - unless the SELLER offered to collect the PRODUCT on its own. The deadline is determined by the date of sending the package.
- The CONSUMER shall be responsible for the decrease in the value of the thing resulting from its use other than what is necessary to establish the characteristics, features and functioning of the thing.
- The SELLER shall, within 14 calendar days, return the payments made by the consumer, including the costs of delivery of the item from the SELLER to the CONSUMER. However, the SELLER may withhold the repayment until it has received the item back or the consumer has provided proof of its return, depending on which happens first. The SELLER shall return the payment using the same means of payment used by the CONSUMER, unless the CONSUMER has clearly agreed to another way of return that does not involve any additional costs for the CONSUMER.
- The direct costs of returning the PRODUCT to the SELLER shall be covered by the CONSUMER (CUSTOMER).
- The right of withdrawal from the contract concluded at a distance does not apply to the CONSUMER in the cases specified in the attachment.
- The SELLER will not accept shipments sent "cash on delivery". The return shipment shall be properly protected against damage in transport.
- The regulations on the consumer, included in this section, shall apply to a natural person concluding a contract directly related to his/her business activity - an individual entrepreneur, if it results from the content of this contract that it does not have a business character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.
H. Liability under warranty and guarantee in sales involving CONSUMER and INDIVIDUAL BUSINESSES
- The SELLER is obliged to deliver the PRODUCT being the subject of the contract - without defects.
- The SELLER is responsible under the warranty for the physical defects which existed at the moment of passing the danger to the buyer or which resulted from the reason inherent in the sold thing at that moment - for the period of 2 years.
- The SELLER informs that in the case of PRODUCTS covered also by a guarantee, the rights of the BUYER and the obligations of the guarantor on this account are specified and should be performed according to the conditions included in the WARRANTY SHEET. The granted WARRANTY for the sold PRODUCT is an additional right and does not exclude, limit or suspend rights of the CONSUMER under the liability of the SELLER under the provisions of the warranty for defects of the sold thing (Article 577 of the Civil Code).
- The SELLER shall be released from its liability under the warranty if the CONSUMER knew of the defect at the time of entering into the contract.
- In the case of discovering a defect or non-conformity of the delivered PRODUCT with the contract, the CONSUMER is eligible to submit a complaint.
- In order to make a complaint, it is recommended that the CONSUMER fill in the complaint report (Complaint form.doc) or describe in another form the reason for the complaint and the requirements for elimination of defects and send the report by e-mail or post to the correspondence address of the SELLER specified in the header. The complaint may also be submitted by phone or verbally.
- Defective PRODUCT - after consultation with the SELLER - if it is possible and intentional - the CONSUMER who executes the rights under the warranty shall be obliged, at the cost of the SELLER, to deliver the thing to the place specified in the contract of sale or, if no such place is specified in the contract, to the place where the thing was delivered to the CONSUMER. If the delivery of an item by the CUSTOMER would be too difficult due to the type of the item or the manner of its installation, the CUSTOMER shall make the item available to the SELLER at the place where the item is located.
- If the sold goods have a defect, the CUSTOMER may submit a declaration requesting reduction of the price or withdrawal from the contract unless the SELLER immediately and without unreasonable inconvenience for the buyer replaces the defective goods with goods free from defects or removes the defect. This limitation shall not apply if the item has already been replaced or repaired by the SELLER or the SELLER has not complied with its obligation to replace the item with one free from defects or to remove the defect.
- If the CONSUMER is a customer, he/she may, instead of the defect rectification proposed by the seller, request the replacement of the item with a defect-free item or, instead of the replacement of the item, request the defect rectification, unless bringing the item to conformity with the agreement in the chosen method by the customer is impossible or requires excessive costs in comparison with the method proposed by the seller. When estimating the excessive costs, the value of the defect-free item shall be taken into account, as well as the type and significance of the defect and the inconvenience to which other means of satisfying the buyer would be exposed.
- The reduced price shall be in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.
- The buyer cannot withdraw from the contract if the defect is insignificant.
- The SELLER shall consider the complaint without undue delay. The SELLER shall not later than within 14 calendar days from the date of receipt of the complaint and shall inform the CONSUMER in writing or electronically about the status of the complaint. Leaving the complaint without an answer within this time limit shall be equivalent to the recognition of the complaint.
- After the complaint is accepted, the SELLER shall return the costs related to the complaint and incurred by the CONSUMER. The SELLER shall transfer the amount due to the CONSUMER to the bank account or by postal order.
- If the acceptance of the complaint is related to the repair or replacement of the goods, the SELLER shall send the product to the CONSUMER at its own cost.
- The regulations on the consumer, contained in this section, shall apply to a natural person concluding a contract directly related to his/her business activity - an individual entrepreneur, if it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.
I. Complaints and withdrawals (returns) in relations with CUSTOMERS who are not CONSUMERS (applicable to entrepreneurs).
- This section of the Terms and Conditions shall only apply to relations with Buyers who are not CONSUMERS.
- Liability under the warranty expires after 24 months from the date of receipt of the PRODUCT.
- The CUSTOMER has the right to choose the way of delivery - including sending the carrier ordered by them, who will collect the PRODUCT on their behalf.
- If the sold thing has to be sent by the SELLER, the delivery is deemed to have been made at the moment when, in order to deliver the thing to its destination, the SELLER entrusted it to a carrier specialized in the transport of such kind of thing.
- As soon as the sold thing is handed over, the benefits and the burdens related to the thing as well as the danger of accidental loss or damage of the thing are transferred to the CLIENT.
- On collecting the shipment with the ordered products, the CUSTOMER is obliged to examine the shipment at the time and in the manner adopted for shipments of this type. If the CUSTOMER finds that during transport there was a defect or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier. If the CUSTOMER did not examine the goods and did not immediately notify the seller of the noticed defect, and in the case when the defect is found only later - if the CUSTOMER did not notify the seller immediately after its discovery - the rights under the warranty shall be lost.
- The liability of the SELLER, regardless of its legal basis, shall be limited - both for a single claim and for all claims in total - to the amount of the price paid and the costs of delivery under the agreement concluded. The SELLER shall only be liable for typical damages foreseeable at the time of concluding the contract and shall not be liable for the loss of benefits by the CUSTOMER.
- If there are no cases of the SELLER's liability under warranty which entitle the CUSTOMER to return the PRODUCT, the CUSTOMER may return the purchased PRODUCT only with the approval of the SELLER, at the cost of the CUSTOMER, if the PRODUCT is unused, in the factory sealed packaging.
- If the sold thing has defects, the CUSTOMER may withdraw from the contract or require a price reduction. However, the CUSTOMER may not withdraw from the contract if the seller immediately replaces the defective thing for a thing free from defects or immediately removes the defects. This restriction shall not apply if the thing has already been replaced or repaired by the seller, unless the defects are insignificant.
- The SELLER informs that in the case of PRODUCTS covered by the guarantee, the rights of the buyer and the obligations of the guarantor under this title are defined and should be performed in accordance with the terms and conditions specified in the GUARANTEE CARD. The granted GUARANTEE for the sold PRODUCT is an additional entitlement and does not exclude, limit or suspend the rights of the buyer resulting from the provisions on warranty for defects of the sold item.
- The SELLER will not accept any items sent back cash on delivery.
- Any disputes arising between the SELLER/SERVICE and the CLIENT shall be submitted to the court having jurisdiction over the registered office of the SELLER.
- The regulations concerning the rules of warranty for defects and quality guarantee - not mentioned above - in the contracts with entrepreneurs are adopted directly in the version applied in the Civil Code art.556-581.
J. Electronic services and technical conditions of use of the website
- The SELLER - in order to enable the conclusion of the contract, provides services via the website of the online shop:
- creation and administration of the CLIENT'S account in the online shop;
- processing of the product order form in the online shop;
- with the consent of the CLIENT - sending commercial information, promotional offers, etc. in the form of a "newsletter" service.
- by means of an electronic model withdrawal form (attachment to the RULES),
- by making a statement on the website,
- by e-mail or in writing to the registered address of the headquarters of the SELLER (SERVICE PROVIDER)
- The CONSUMER may terminate the contract for the provision of services by e-mail at any time by submitting an appropriate statement in electronic form or in writing to the address of the SELLER. The SELLER will immediately confirm receipt of the statement. The SELLER shall, within 7 days of receiving the termination notice, delete the data protection records relating to the service and discontinue the service.
- The SELLER shall terminate the contract for the provision of services by electronic means if the CONSUMER objectively and illegally grossly violates the Regulations - with the termination notice period of 30 days as from the day of giving the notice. If both parties to the contract are entrepreneurs, the SELLER may in such a situation terminate the contract for the provision of Electronic Services with immediate effect.
- The SELLER and the CLIENT may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.
K. Processing and protection of personal data
- The SELLER is the administrator of the CLIENT'S personal data processed in relation to the use of the INTERNET STORE.
- The providing of personal data, as well as the consent to their processing, is completely voluntary. Any personal data provided to us shall be processed only within the scope and for the purpose for which the CUSTOMER has given their consent. In the case that the CUSTOMER does not provide the data necessary for the execution of the order and does not agree to their processing, the execution of the order may not be possible.
- The Administrator ensures the security of the data provided and the realisation of the CLIENTS' rights under the RODO regulation. The CLIENT has the right to access their personal data and to correct them or to demand their complete removal (as long as this does not contradict the provisions of the law) or the limitation of the right to process their personal data at any time - for this purpose, you can use the function in the shop of updating the data of the user account or please send a notification (e.g. to the specified e-mail address) specifying the demand for changes or removal of data from the records.
- The CLIENT has the right to receive the data concerning him in a structured, commonly used and machine-readable format. He also has the right to send this data to another administrator, without obstacles from the ADMINISTRATOR, from whom the data will be taken out (art. 20.1). Where it is technically possible, the CLIENT may request the ADMINISTRATOR to send his data directly to another administrator (Art. 20(2)).
- ADMINISTRATOR may refuse to delete the CLIENT's data only in cases indicated by the applicable regulations, in particular if the CLIENT has not paid all the amounts due to ADMINISTRATOR.
- The following CONSUMER data is required to complete the service of the contract:
- surname and first name,
- shipping address of the products,
- e-mail address,
- contact telephone number,
- in case of a company, additionally the company's name and NIP.
L. Final arrangements
- The contract shall be concluded in the Polish language and under the jurisdiction of Polish law. However, this choice does not deprive the CONSUMER of the protection granted to him by the provisions that cannot be excluded by agreement, under the law of the country in which the CONSUMER has his habitual residence and the entrepreneur directs his activities to that country and the contract falls within the scope of this activity.
- The provisions of these REGULATIONS are not intended to exclude or limit any rights of the CUSTOMER, who is at the same time a CONSUMER within the meaning of provisions of the Civil Code Act of 23 April 1964 (Journal of Laws No 16, item 93 as amended) - vested in him/her under applicable provisions of law. In the case of inconsistency between the provisions of these REGULATIONS and the above-mentioned provisions, these provisions shall have priority.
- The content of the REGULATIONS is available at all times under the REGULATIONS tab on the SELLER's website and may be copied and printed at any time by the BUYER. The content of the REGULATIONS may also be sent at any time by e-mail or post upon the CUSTOMER's request. The REGULATIONS with attachments are also delivered to the CUSTOMER as an enclosure to the e-mail message confirming the order placement and conclusion of the contract.
- In matters not covered by these Regulations, the relevant legal provisions shall apply, in particular:
- Act of 23 April 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93 as amended);
- Act of 29 August 1997 on personal data protection ( Journal of Laws 2002 No. 101 item 926 as amended)- in force until 24.05.2018;
- 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) - known as RODO and on related regulations. - in force as of 25.05.2018
- Act of 18 July 2002 on provision of services by electronic means (Journal of Laws 2013, item 1422);
- Industrial Property Law Act of 30 June 2000 (Journal of Laws 2001 No. 49 item 508 as amended);
- Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90 item 631 as amended),
- Act of 30 May 2014 on CONSUMER'S RIGHTS (Journal of Laws 2014, item 827)
- In the case the REGULATIONS provisions have been made that are contrary to the above-mentioned or other applicable regulations in Poland, these regulations have priority over the wording of the REGULATIONS
- If any provision of these Terms and Conditions is held to be illegal, invalid or otherwise unenforceable to the extent provided by law, it shall to that extent be excluded . In all other respects, the Rules of Procedure shall remain in force.
- All names of PRODUCTS offered for sale by the INTERNET STORE are used for identification purposes and may be protected and reserved based on provisions of the Industrial Property Law Act (Journal of Laws 2001 No 49 item 5081 as amended).
- All photos placed on the WEBSITE are protected under the Act of 4 February 1994 on copyright and related rights (Journal of Laws 1994 No. 24 item 83 as amended) - they have a creative and individual character. They may not be copied without the permission of the Administrator of the Website.
- In case of disputes related to the execution of the concluded contract, the parties will seek to settle the dispute by way of out-of-court arbitration - including to resolve the dispute before the mediator. If a dispute cannot be resolved amicably, the Court of Common Pleas shall be competent to resolve the dispute.
- Exercising the obligation to indicate out-of-court ways of dealing with complaints and claims and the rules of access to these procedures, we hereby inform that up-to-date information in this respect is made available on the website: http://prawaKONSUMENTA.uokik.gov.pl. Consumers and traders may use the ODR online platform established by the European Commission for the amicable settlement of disputes. The platform is available at: http://ec.europa.eu/consumers/odr/. UOKIK keeps a register of entities entitled to out-of-court settlement of consumer disputes at https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
- The contents of Annexes 1, 2 and 3 form as integral parts of these RULES,
Attachment No. 1 to the Regulations:
The right of withdrawal from a contract concluded at a distance does not apply to the CONSUMER and INDIVIDUAL ENTERPRISE in cases:
- a contract for the provision of services where the trader has performed the service in full with the express agreement of the CONSUMER who has been informed before the performance starts that he will lose his right of withdrawal after the trader's performance
- a contract in which the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the trader and which might occur before the end of the withdrawal period;
- the contract in which the object of performance is a non-prefabricated item produced to the CONSUMER's specifications or intended to meet individualised needs;
- the contract in which the object of performance is a perishable thing or a thing with a short shelf life;
- a contract in which the subject matter of the supply is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery
- a contract in which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things;
- a contract for the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which is dependent on fluctuations in the market which are not under the trader's control;
- a contract where the CONSUMER has specifically requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance. If the trader provides additional services other than those requested by the CONSUMER or supplies other items than replacement parts necessarily used for carrying out the repair or maintenance, the right of withdrawal shall apply to the CONSUMER with regard to the additional services or items;
- a contract in which the subject matter of the performance is a sound or visual recording or computer software supplied in a sealed package, if the package was opened after its delivery
- a contract for delivery of newspapers, periodicals or magazines, except for a subscription contract;
- a contract concluded at a public auction;
- a contract for the lease of a building or premises for non-residential purposes, for the carriage of goods, for the renting of cars, for catering or for leisure services, provided that the contract specifies the date or period of performance;
- a contract for the supply of digital content which is not recorded on a tangible medium if the provision of services has begun with the express permission of the CONSUMER before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
- The provisions concerning the consumer in this chapter shall apply to the natural person concluding a contract directly related to his/her business activity - individual entrepreneur, if it results from the content of this contract that it is not of professional character for this person, in particular resulting from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.