Store Regulations

Store Regulations

1. GENERAL PROVISIONS

1.1. the Internet store available at the Internet address www.bogacci-brand.com is run by Oleh Hushman conducting business activity under the name of Oleh Hushman  entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the Minister competent for economy, having: address of place of business and address for delivery: uł. Wysockiego 4, Nowy Kisielin, 66-002 Lubuskie,Poland

NIP 9731087612,  Regon 522968080, e-mail address:firmaolehhushman@gmail.com, telephone number: +48 880 284 849

1.2.The sales contract is concluded between the Seller and the Customer in accordance with Polish and EU law.

1.3 These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a particular provision of the Regulations provides otherwise and is addressed exclusively to consumers or entrepreneurs.

1.4 All materials posted on the Store, including text works, photos, graphics are the property of the Broker or third parties. Use of materials referred to in the preceding sentence requires the consent of the Seller each time.

1.5 The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).


2. TERMS AND CONDITIONS OF CONTRACT OF SALE

The prices listed on the website include tax. You expressly authorize us to issue electronic invoices. Prices are subject to change at any time. However, except as stated above, changes do not apply to orders already placed. Once the User has selected all the products, they are added to the shopping cart, after which the order must be placed and payment made. In order to do so, all the steps included in the purchase procedure must be performed sequentially, providing or verifying the information required at each stage. In addition, by performing the purchase procedure, before making payment, the User can change the details of the order. The Purchase Guide provides a detailed description of the purchase procedure. In addition, registered users will find the history of all their orders in the "My Account" section. 


3. PAYMENT METHODS FOR THE PRODUCT

The user can complete payment by cards: Visa, Mastercard, American Express, IN Card, Stripe, Apple Pay

 

4. TIME OF SALE AND DELIVERY OF PRODUCTS

4.1.We guarantee free delivery in Europe, USA and Canada.
4.2.Time of realization of the order is 1-3 days from the moment of receipt of funds.
4.3. Free delivery:
Europe from 3 to 10 working days
USA from 7 to 22 working days
Canada from 7 to 25 working days

4.4.Express delivery (additionally paid for):
Europe from 2 to 5 working days
USA from 3 to 6 working days
Canada from 3 to 7 working days

4.5. Order processing time, delivery time and delivery method is described under each ad and depends on  ordered. 

4.6.The shipping cost is calculated automatically in the shopping cart, it all depends on the number of selected products.

5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT


5.1 Delivery of ordered Goods is possible in the territory of the European Union as well as outside its borders.

5.2 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Client on the pages of the Online Shop in the information tab concerning delivery costs and in the course of placing an Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.

5.3 The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.2.1. Postal delivery.

5.2.2. courier shipment.

5.2.3. parcel delivery.

5.4 The beginning of the period of delivery of the Product to the Customer is calculated as follows:

5.3.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.


6. PRODUCT COMPLAINT

6.1 The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code.

6.2 The Seller shall be obliged to provide the Customer with a Product without defects.

6.3 A complaint may be submitted by the Customer in any way chosen by the Customer:

-written to the address: uł. Wysockiego 4, Nowy Kisielin, 66-002 Lubuskie,Poland

-in electronic form via e-mail to the address: firmaolehhushman@gmail.com,;

6.4 It is recommended that the Customer provide in the description of the complaint:

6.4.1 information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;

6.4.2 a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement;

6.4.3 contact details of the complainant - this will facilitate and expedite processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, demanded replacement of the item or removal of the defect, or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the Seller recognized the demand as justified.

6.6 The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: uł. Wysockiego 4, Nowy Kisielin, 66-002 Lubuskie,Poland. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.


7. OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES


7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection.

7.2 At http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).


8. RIGHT TO WITHDRAW FROM THE CONTRACT

8.1 A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without giving any reason and without incurring costs, except for the costs specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:

-written to the address: uł. Wysockiego 4, Nowy Kisielin, 66-002 Lubuskie,Poland;

-electronically via e-mail to the address: firmaolehhushman@gmail.com, ;

8.2 A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act.

8.3 The period for withdrawal from the contract shall begin:

8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party other than the carrier indicated by the consumer, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;

8.3.2. for other contracts - from the date of conclusion of the contract.

8.4 In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.

8.5 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him/her, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available at the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If payment is made by payment card, the refund will be made to the bank account assigned to the payment card with which the payment was made. The Seller may withhold reimbursement of payments received from the consumer until it receives the Product back or until the Customer provides proof of its return, whichever event occurs first.

8.6 The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: uł. Wysockiego 4, Nowy Kisielin, 66-002 Lubuskie,Poland.

8.7 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the withdrawal by the consumer from the contract, which the consumer is obliged to bear:

8.8.1 If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2 The consumer shall bear the direct costs of returning the Product.

8.9 The right of withdrawal from a contract concluded remotely does not apply to the consumer with respect to contracts in accordance with the content of Article 38 item 3 of the Act of May 30, 2014 on consumer rights: : In which the subject of the provision is a non-refabricated Product, manufactured to the consumer's specifications or serving to meet his individualized needs. 

8.10. The consumer may use the model withdrawal form available in the “Shipping and Returns” tab, but it is not necessary.


9. PROVISIONS CONCERNING ENTREPRENEURS


9.1 This section of the Terms and Conditions and the provisions contained herein shall apply only to Customers and Service Recipients who are not consumers.

9.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

9.3 In the case of non-consumer Customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.4 Upon release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.

9.5 If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that a defect or damage to the Product occurred during transportation, he is obliged to perform all actions necessary to determine the liability of the carrier.

9.6 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

9.7 In the case of the Customer who is not a consumer, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the appropriate statement to the Customer.

9.8 The Service Provider/Seller's liability to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.

9.9 Any disputes arising between the Vendor/Service Provider and the Customer/Non-Consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.


10. FINAL PROVISIONS

10.1 Contracts concluded through the Online Store shall be concluded in the Polish language.

10.2 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws; changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations.

10.2.1 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Customer who is a consumer has the right to withdraw from the contract.

10.2.3 In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect any Orders already placed or placed and Sales Agreements concluded, executed or performed.

For claims arising from the execution of the Agreement, Polish law and the competent common court in Poland will apply.