ONLINE STORE TERMS AND CONDITIONS WWW.BONUNI.EU
- The www.bonuni.eu store operates on the terms set out in this Regulation.
- The Regulation defines the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.bonuni.eu, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services.
- Each Customer, upon taking steps to use the Electronic Services of the www.bonuni.eu Store, is obliged to comply with the provisions of this Regulation.
- In matters not covered by this Regulation, the following provisions shall apply:
- the Act on the provision of electronic services of July 18, 2002,
- the Consumer Rights Act of May 30, 2014,
- the Act on out-of-court resolution of consumer disputes of September 23, 2016,
- the Civil Code of April 23, 1964 and other relevant provisions of Polish law.
DEFINITIONS CONTAINED IN THE REGULATIONS
- CONTACT FORM – a form available on the website www.bonuni.eu enabling you to send a message to the Service Provider.
- REGISTRATION FORM – a form available on the website www.bonuni.eu enabling the creation of an Account.
- ORDER FORM – a form available on the website www.bonuni.eu enabling you to place an Order.
- CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER – a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
- ACCOUNT – marked with an individual name (login) and password, a set of resources in the Service Provider’s IT system, in which the Service Recipient’s data is collected, including information about placed Orders.
- NEWSLETTER – an Electronic Service enabling the Service Recipient to subscribe to and receive free information from the Service Provider regarding the Store and the Products available in it to the e-mail address provided by the Service Recipient.
- PRODUCT – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- REGULATION – this Store regulation.
- STORE – the Service Provider’s online store operating at www.bonuni.eu
- SELLER, SERVICE PROVIDER – Rafał Filipak and Justyna Młynek, who conducts business in the form of a civil partnership BONUNI S.C., place of business and address for service: Marszałka Józefa Piłsudskiego street 19 / LU2, 31-109 Cracow, Tax nr: 6762590960, REGON(National Business Registry Number): 387894500, e-mail address: firstname.lastname@example.org, telephone number: +48 570 780 115.
- SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Store.
- SERVICE RECIPIENT – a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
- ORDER – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
INFORMATION ABOUT THE PRODUCTS AND THEIR ORDER
- The www.bonuni.eu store sells Products via the Internet.
- The products offered in the Store are new, free from physical and legal defects and have been legally placed on the Polish market.
- The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to buy a specific Product under the conditions specified in its description.
- The Product price shown on the Store’s website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
- The Product price shown on the Store’s website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store, which may occur for individual Products after the Customer places an Order.
- Orders can be placed:
- via the website using the Order Form (Store www.bonuni.eu) – 24 hours a day all year round,
- via e-mail to the following address: email@example.com.
- In order to place an Order, the Customer is not required to register an Account in the Store.
- The condition for placing an Order in the Store by the Customer is to read the Regulation and accept its provisions at the time of placing the Order.
- Products in the promotion (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until the stocks of a given Product run out.
CONCLUSION OF THE SALES CONTRACT
- To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Seller, in accordance with § 3 point 6 and 8 of the Regulation.
- After placing the Order, the Seller immediately confirms its receipt.
- Confirmation of acceptance of the Order, referred to in point 2 of this paragraph, binds the Customer with his Order. Confirmation of receipt of the Order is made by sending an e-mail.
- Confirmation of receipt of the Order includes:
- confirmation of all essential elements of the Order,
- agreement withdrawal form,
- this Regulation containing instructions on the right to withdraw from the contract.
- As soon as the Customer receives the e-mail referred to in point 4 of this section, a Sales Agreement is concluded between the Customer and the Seller.
- Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which will be attached to the Product and / or sent by e-mail to the Customer’s e-mail address provided in the Order Form.
- The Seller provides the following payment methods:
- traditional transfer to the Seller’s bank account,
- payment via the electronic payment system (Przelewy24.pl, Klarna),
- payment on delivery at the supplier, i.e. for the so-called cash on delivery.
- In the case of payment by traditional transfer, the payment should be made to the bank account number: 24 1240 4432 1111 0011 0383 3964 (Bank Pekao S.A.) BONUNI S.C., Marszałka Józefa Piłsudskiego Street 19 / LU2, Tax nr: 6762590960. In the title of the transfer, please enter “Order No. …”.
- In the case of payment via the electronic payment system, the Customer makes the payment before starting the Order. The electronic payment system allows you to make payments by credit card or a quick transfer from selected Polish banks.
- In the case of payment on delivery, the parcel is sent after verification of the correctness of the address data. The Customer is obliged to pay for the Order and collect the Product from the supplier.
- The Customer is obliged to pay the price under the Sales Agreement within 2 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
- If you choose the payments described in points 1.1 and 1.2 of this section, the Product will be sent only after its payment.
COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT
- Product delivery costs, covered by the Customer, are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.
- The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
- The time for completing the Products is from 3 to 8 business days from the moment:
- posting the funds paid under the Sales Agreement on the Seller’s account or
- positive authorization of the transaction by the electronic payment system or
- acceptance of the Order for execution by the Seller in the case of choosing payment on delivery.
- The delivery of the Products that are movable items by the carrier takes place within the period declared by the carrier, i.e. up to 2 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
- Products purchased in the Store are shipped only in Poland via Poczta Polska, InPost parcel lockers or a courier company.
- The Products purchased in the Store may be picked up by the Customer in person after prior e-mail or telephone contact.
- Warranty complaint.
- All Products offered in the Store have a warranty valid in the territory of the Republic of Poland,
- the warranty period for the Products is 12 months and is counted from the date of delivery of the Product to the Customer,
- the document entitling to warranty protection is the warranty card or proof of purchase,
- the warranty does not exclude the rights of the Consumer and the entities referred to in § 10 of the Regulation, resulting from the warranty for physical and legal defects of the Product, specified in the Civil Code.
- Warranty guarantee.
- The basis and scope of the Seller’s liability towards the Customer who is a Consumer or an entity referred to in §10 of the Regulation, under the warranty covering physical and legal defects, are specified in the Civil Code Act of April 23, 1964
- notification of defects regarding the Product and submission of a relevant request may be made via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: Marszałka Józefa Piłsudskiego Street 19 / LU2, 31-109 Cracow,
- in the above message in written or electronic form, provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Seller
- for the assessment of physical defects of the Product, it should be delivered to the following address: Marszałka Józefa Piłsudskiego Street 19 / LU2, 31-109 Craco
- the seller will respond to the customer’s request immediately, no later than within 14 days from the date of filing the complaint,
- in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulation – failure to consider the complaint within 14 days of its submission is tantamount to taking it into account. In connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Regulation, the Seller covers the costs of collection, delivery and replacement of the Product with a product free from defects
- The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.
THE RIGHT TO WITHDRAW FROM THE CONTRACT
- Qualified to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulation, who concluded a distance contract, may withdraw from it without giving reasons, by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send the declaration of withdrawal from the contract provided by the Store.
- In the case of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer or the entity referred to in § 10 of the Regulation is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but not later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
- In the case of withdrawal from the Sales Agreement, the Product should be returned to the following address: Marszałka Józefa Piłsudskiego Street 19 / LU2, 31-109 Cracow.
- The consumer or the entity referred to in § 10 of the Regulation shall be liable for the reduction in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulation should handle the Products and check them only in the same way as they could do in a stationary store.
- Qualified to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulation has expressly agreed to other method of return that does not involve any costs for them. Qualified to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the receipt by the Seller of the declaration of withdrawal from the Sales Agreement.
- If the Consumer or the entity referred to in § 10 of the Regulation chose a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse them for additional costs incurred by them.
- If the Seller has not offered to collect the Product himself from the Consumer or the entity referred to in § 10 of the Regulation, he may withhold the reimbursement of payments received from the Consumer until the item is returned or delivered by the Consumer or the entity referred to in § 10 of the Regulation, proof of its return, depending on which event occurs first.
- A consumer or an entity referred to in § 10 of the Regulation, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
- The fourteen-day period during which the Consumer or the entity referred to in § 10 of the Regulation may withdraw from the contract is counted from the day on which the Consumer or the entity referred to in § 10 of the Regulation took possession of the Product, and in the case of services from the date of conclusion of the contract.
- The right to withdraw from a distance contract is not available to the Consumer or the entity referred to in § 10 of the Regulation, in the case of a Sales Agreement:
- 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,
- 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 has been opened after delivery,
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
- in which the subject of the service is the service, if the Seller has fully provided the service with the express consent of the Consumer, who has been informed prior to the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the contract,
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life.
- The right to withdraw from the Sales Agreement is available to both the Seller and the Customer in the case of the other party’s failure to perform its obligations within a strictly defined period.
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
- An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is protected under the Consumer Rights Act, provided that the Sales Agreement he concludes with the Seller is not of a professional nature.
- A person running a business referred to in point 1 of this paragraph is protected only to the extent of:
- prohibited contractual provisions – the so-called abusive clauses,
- liability under the warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulation,
- the right to withdraw from a distance contract, in accordance with § 8 of the Regulation.
- The entrepreneur referred to in point 1 of this paragraph loses the rights under consumer protection in the event that the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland. Poland, in particular the codes of the Polish Classification of Activities indicated therein.
- The entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection.
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of Electronic Services via the Store, such as:
- concluding Product Sales Agreements,
- keeping an Account in the Store,
- sending a message via the Contact Form.
- The provision of Electronic Services to the Customers in the Store takes place under the conditions specified in the Regulation.
- The Service Provider has the right to post advertising content on the Store’s website. This content is an integral part of the Store and the materials presented therein.
CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Provision of Electronic Services specified in § 11 point 1 of the Regulation by the Service Provider is free of charge.
- The period for which the contract is concluded:
- the contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or the Customer ceases to submit it,
- the contract for the provision of Electronic Services consisting in keeping an Account in the Store is concluded for an indefinite period. The conclusion of the contract takes place when the Customer sends the completed Registration Form,
- the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period,
- the contract for the provision of Electronic Services consisting in enabling the sending of a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated when the message is sent or the Service Recipient ceases to send it.
- Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
- a computer (or mobile device) with Internet access,
- access to e-mail,
- Web browser,
- The Service Recipient is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
- The Service Recipient is obliged to enter data consistent with the facts.
- The Service Recipient is prohibited from providing illegal content.
COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the following address: email@example.com
- In the above e-mail message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.
- Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.
- The Service Provider’s response to the complaint is sent to the Customer’s e-mail address provided in the complaint or in another manner provided by the Customer.
CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the contract for the provision of Electronic Services:
- A contract for the provision of Electronic Services of a continuous and indefinite nature (Keeping an account, Newsletter) may be terminated,
- The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via e-mail to the following address: firstname.lastname@example.org,
- The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulation, in particular when he provides unlawful content after an unsuccessful prior call to cease violations with an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period).
- the termination leads to the termination of the legal relationship with effect for the future.
- The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
- All content posted on the website at www.bonuni.eu is protected by copyright and (qualified to § 15 point 3 and elements posted by the Service Users, used on the basis of a license, transfer of proprietary copyrights or fair use) are the property of Rafał Filipak and Justyna Młynek, who conduct business activity in the form of a civil law partnership BONUNI SC, place of business and address for service: Marszałka Józefa Piłsudskiego Street 19 / LU2, 31-109 Cracow, Tax nr: 6762590960, REGON(National Business Registry Number): 387894500. The Service Recipient shall be fully responsible for any damage caused to the Service Provider resulting from the use of any content on the www.bonuni.eu website, without the Service Provider’s consent.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of the website www.bonuni.eu is a violation of the Service Provider’s copyright and results in civil and criminal liability.
- All trade names, Product names, company names and their logos used on the Store’s website at www.bonuni.eu belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.bonuni.eu are used for informational purposes.
- Agreements concluded through the Store are concluded in accordance with Polish law.
- In the event of non-compliance of any part of the Regulation with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulation.
- Any disputes arising from the Sales Agreements between the Store and Consumers will be settled first by negotiation, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 4 of this paragraph.
- Court settlement of disputes:
- any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in §10 of the Regulation, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,
- any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, referred to in §9 of the Regulation, shall be submitted to the court having jurisdiction over the Service Provider’s seat.
- The Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting an application to initiate mediation or an application for consideration of the case by an arbitration court after the end of the complaint procedure (the application can be downloaded from the website http: //www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free help of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
- In order to resolve the dispute amicably, the consumer may, in particular, lodge a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.