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Before using the online store, the Service Recipients are required to read the Regulations.
TERMS AND CONDITIONS
Type and scope of electronic services
Conditions for the provision and conclusion of contracts for the provision of electronic services
Conditions for concluding sales contracts
Cost, time and methods of delivery
Conditions for terminating contracts for the provision of electronic services
The right to withdraw from the contract
Provisions relating to entrepreneurs (B2B)
1. GENERAL PROVISIONS
The online store operating at www.borniak.pl is run by Dawid Szurlej running a business under the name of Dawid Szurlej ZUT BORNIAK entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, address of the place of business and address to deliveries: ul. Al. Niepodleglości 41, 78-449 Borne Sulinowo, NIP: 8992343025, REGON: 021138535, e-mail address: firstname.lastname@example.org, tel. +48 94 716 22 29.
The www.borniak.pl store operates on the terms set out in these Regulations.
The Regulations define the types and scope of services provided electronically by the Store www.borniak.pl, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.
Each Service Recipient, upon taking steps to use the Electronic Services of the www.borniak.pl Store, is obliged to comply with the provisions of these Regulations.
The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
The www.borniak.pl store conducts retail sales of Products via the Internet in Poland and in other European Union countries.
The products offered in the Store are new, free from legal defects and have been legally placed on the Polish market.
All trade names, Product names, company names and their logos used on the Store's website at www.borniak.pl 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.borniak.pl are used for informational purposes.
In matters not covered by these Regulations, the provisions of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended), the Act on consumer rights of May 30, 2014 shall apply. (Journal of Laws of 2014, item 827), the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
WORKING DAY - one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM - a form available on the website www.borniak.pl that allows you to create an Account.
ORDER FORM - a form available on the website www.borniak.pl that allows placing an Order.
CONSUMER - a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
CUSTOMER - a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
ACCOUNT - marked with an individual name (login) and password, a set of resources in the Service Provider's ICT system, in which the Service Recipient's data is collected, including information about placed Orders.
TERMS AND CONDITIONS - these Store regulations.
STORE - the Service Provider's online store operating at www.borniak.pl
SELLER, SERVICE PROVIDER - Dawid Szurlej running a business under the name of Dawid Szurlej ZUT BORNIAK, ul. Al. Niepodleglości 41, 78-449 Borne Sulinowo, NIP: 8992343025, REGON: 021138535.
PRODUCT - a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller 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.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Store.
ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
3. TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider enables the use of Electronic Services via the Store, such as:
1.concluding Product Sales Agreements,
2. keeping an Account in the Store.
The provision of Electronic Services to the Customers in the Store takes place under the conditions specified in the Regulations.
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 in it.
4. CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
Provision of Electronic Services specified in Chapter III point 1 of the Regulations by the Service Provider is free of charge.
The period for which the contract is concluded:
1. the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
2. 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.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
1. a computer with Internet access,
2.access to e-mail,
3.a 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 in accordance with the facts.
The Service Recipient is prohibited from providing illegal content.
5. CONDITIONS FOR CONCLUDING SALES AGREEMENTS
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, customs duties and all other components. The price does not include the costs of delivery, assembly or training in the use of the purchased Product.
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.
In order to place an Order, the Customer is not required to register an Account in the Store.
Orders can be placed via the website using:
1.Order form (www.borniak.pl) - 24 hours a day all year round,
2.by electronic mail to the following e-mail address: email@example.com,
3. by phone at: (+48) 94 716 22 29
The Store carries out Orders placed from Monday to Friday during the Store's working hours, i.e. from 8:00 a.m. to 4:00 p.m. Orders placed on Working Days after 4:00 p.m., on Saturdays, Sundays and public holidays, will be processed on the next Business Day.
Conclusion of the Sales Agreement.
To conclude a Sales Agreement, it is necessary for the Customer to submit an Order in advance using the methods made available by the Seller.
After placing the Order, the Seller immediately confirms its receipt while accepting the Order, which binds the Customer with his Order. Confirmation of receipt and acceptance of the Order for implementation takes place by sending an e-mail message, which includes:
1.confirmation of all essential elements of the Order,
2. a declaration of the right to withdraw from the contract,
3.instruction on the right to withdraw from the contract,
4. these Regulations.
Upon receipt by the Customer of the e-mail referred to in point 7 lit. b a Sales Agreement is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed by a proof of purchase (fiscal receipt or VAT invoice), which will be attached to the package. The VAT invoice is issued at the customer's request. If the customer wants to receive a VAT invoice in the order form, check the box "I want to receive a VAT invoice" and complete all the data needed to issue it.
6. METHODS OF PAYMENT
The seller provides the following payment methods:
1.payment by traditional transfer to the Seller's bank account,
2. payment on delivery for the so-called cash on delivery, applies only to shipping within the territory of the Republic of Poland,
3. payment in cash upon personal collection.
4.payment via the PayU S.A. electronic payment service
In the case of payment by bank transfer, the payment should be made to the bank account number
98 1090 2486 0000 0001 1326 1493 (Bank Zachodni WBK S.A.) ZUT BORNIAK, ul. Al. Niepodleglości 41, 78-449 Borne Sulinowo, NIP: 8992343025. In the transfer title please enter "Order ...... .."
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 the price under the Sales Agreement within 7 Business Days from the date of its conclusion, unless the Sales Agreement provides otherwise.
In the case of payment via the PayU electronic payment service, after confirming the order, the order. The shipment is sent after payment is confirmed by the PayU service.
7. COST, TIME AND METHODS OF DELIVERY
Product delivery costs are determined during the Order submission process and depend on the choice of payment method and the method of delivery of the purchased Product. Product delivery costs can be viewed on the Delivery and Payments page in the For Buyers tab
Products purchased in the Store are shipped via a courier company.
The Customer may pick up the Product in person at the following address: ul. Al. Niepodleglości 41, 78-449 Borne Sulinowo.
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 Product is from 1 to 2 Business Days.
The delivery of the Product by the carrier takes place within the period declared by the carrier, i.e. from 1 to 3 Business Days (delivery takes place only on Business Days, excluding Saturdays, Sundays and holidays).
8. CONDITIONS OF 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 (e.g. keeping an Account) 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 Regulations, in particular when he provides illegal content after an unsuccessful prior call to cease the 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.
9. PRODUCT WARRANTY
All Products offered in the Store have a manufacturer's warranty applicable 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 proof of purchase: a receipt or a VAT invoice.
The warranty card with the instruction manual is delivered together with the ordered Product. The warranty card and the instruction manual for the goods may be placed on the outside of the packaging of the delivered Product. Pay particular attention to this fact when unpacking the package.
10. COMPLAINT PROCEDURE
The basis and scope of the Seller's liability towards the Customer who is a Consumer, under the warranty covering physical and legal defects, are specified in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended)
Notifications about defects regarding the Product and submitting a relevant request may be made via e-mail to the following address: email@example.com or in writing to the following address: ul. Al. Niepodleglości 41, 78-449 Borne Sulinowo.
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 the irregularity and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Seller.
When it is necessary for the assessment of physical defects of the Product, it should be delivered to the following address: ul. Al. Niepodleglości 41, 78-449 Borne Sulinowo
The Seller will respond to the Customer's request immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer or in another way provided by the Customer.
In the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days is tantamount to taking it into account.
In connection with the complaint of the Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with a product free from defects.
Complaints related to the provision of Electronic Services by the Service Provider:
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: firstname.lastname@example.org
In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date 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.
The Service Provider's response to the complaint is sent to the Customer's e-mail address provided in the complaint or to another address provided by m who concluded a distance contract, may withdraw from it without giving reasons, by submitting an appropriate statement in writing 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 event of withdrawal from the contract, the Sales Agreement is considered void and the Consumer is released from any obligations. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, no later than within 14 days.
The consumer is responsible for reducing 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.
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 has expressly agreed to a different method of return, which does not involve any costs for him.
If the Consumer has chosen a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The consumer withdrawing from the Sales Agreement, in accordance with point 1 of this chapter, bears only the costs of returning the Product to the Seller.
The fourteen-day period during which the Consumer may withdraw from the contract is counted from the day on which the Consumer took possession of the Product.
The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer (Consumer) in the event of the other party's failure to perform its obligations within a strictly defined period.
12. INTELLECTUAL PROPERTY
All content posted on the website at www.borniak.pl is protected by copyright and is the property of Dawid Szurlej who runs a business under the name Dawid Szurlej ZUT BORNIAK, address of the place of business and address for service: ul. Al. Niepodleglości 41, 78-449 Borne Sulinowo, NIP: 8992343025, REGON: 021138535. The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the use of any content on the www.borniak.pl 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 www.borniak.pl website constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.
13. PROVISIONS CONCERNING ENTREPRENEURS (B2B)
This chapter contains provisions that apply only to Customers who are not Consumers.
The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
The Seller has the right to limit the payment methods provided by him in relation to the Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer when the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer, as well as for delay in transporting the shipment.
In the case of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If he finds that the Product has been lost or damaged during transport, he is obliged to perform all actions necessary to determine the liability of the carrier.
The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.
14. FINAL PROVISIONS
Agreements concluded through the Store are concluded in accordance with Polish law.
In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
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. However, if it was not