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Regulations of the Behide.eu online store
I. Definitions.
1. these Regulations define the general conditions for making Orders in the online store ""Behide"", available at the electronic address: www.behide.pl.
(2) The Regulations were drawn up on the basis of applicable laws, in particular:
1) the provisions of the Act of April 23, 1964. - Civil Code (Journal of Laws 1964 No. 16 item 93 as amended),
2) the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144 item 1204),
3) the provisions of the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2014, item 1182),
4) the provisions of the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827);
(3) The terms used in the Regulations shall mean:
Price - means the gross price of the Goods, placed next to the information about the Goods or calculated based on the parameters provided by the Ordering Party. Prices are expressed in Polish zloty and include VAT. The prices do not include Delivery Costs.
Personal Data - a set of User's data, including the Orderer's, of a personal nature, processed for the purpose of carrying out the Order by the Seller or providing other Seller's services at the request of the User.
Password - an individual string of characters selected by the User, used to log into the Account.
Consumer - a natural person making purchases in the ""Behide"" online store, not directly related to his/her business or professional activity.
Account - an individual account of a User, created after Registration, through which he/she makes Orders or uses other services of the Seller.
Shopping cart - an electronic form made available by the Seller on the Store's website, by means of which the Orderer makes Orders for Goods offered by the Store.
Delivery costs - fees charged for delivery of Goods to the Orderer.
Payment - the action of paying, in the manner specified in these Regulations, the indicated Price of the Goods and Delivery Costs.
Order Fulfillment - actions taken by the Seller in order to deliver the ordered Goods to the address indicated by the Orderer. Order Execution consists of: preparation of the Order for shipment and delivery of the Order to the Orderer.
Registration - an activity consisting of providing appropriate data, including Personal Data, which is necessary to establish an Account for the User.
Store - the online store ""Behide"" available at the electronic address www.behide.pl.
Seller - Stop Sun Anna Miącz-Kopczyńska, 10 Rusalka Street, 20-103 Lublin, NIP: 712-189-95-00 owner of the online store ""Behide"", performing through it the sale of Goods without the simultaneous presence of the Parties, using the telecommunication network.
Parties - the Seller and the Orderer.
Goods - movable goods offered by the Seller for retail sale in the online store ""Behide"".
Contract - a contract for the sale of Goods offered by the Seller, concluded without the simultaneous presence of the Parties using the telecommunications network.
User - anyone who uses the Store's website, including the Orderer.
Orderer - a natural person (including a Consumer) or a legal person or an organizational unit with legal capacity, who purchases Goods from the Store.
Order - a legal action performed with the use of the Shopping Cart, during which the Ordering Party expresses the will to purchase selected Goods in accordance with their description, Price and Delivery Costs.
II. General conditions for the provision of services by electronic means
(1) The User acknowledges that the sale of Goods in the online store ""Behide"" is carried out using a data communications system that provides for the processing and storage, as well as sending and receiving data via telecommunications networks, in accordance with the wording of the Act of 18 July 2002 on the provision of services by electronic means.
(2) The content of the pages of the Store is the property of the Seller and is legally protected.
(3) The use of the pages of the Store may be carried out only under the terms of these Regulations.
(4) Before using the pages of the Store, and in particular before placing an Order, the User should read the content of these Regulations and - forming an integral part of it - the Privacy Policy.
(5) In order to use the pages of the Store, the User should have a computer or a device with installed software that allows web browsing and access to the Internet. In order for the Store pages to function properly, the User's computer or device should have cookies enabled.
(6) In order to make an Order, the User should have an active electronic address and an active telephone number.
(7) Photos of Goods placed on the pages of the Store are examples and are for presentation purposes only. Photos and descriptions placed under the individual Goods come from the Seller.
(8) Trade names, names, descriptions or trademarks published on the pages of the Store are protected by law. Any use of them may only take place with the prior written consent of the Seller.
9. the User is obliged to refrain from any activities that violate the intellectual property rights of the Seller.
10. the User should refrain from any actions that may hinder or interfere with the functioning of the Store. The user acknowledges that any action involving an attempt to destabilize the Store may be considered a crime under the provisions of the Criminal Code.
11. the user is obliged to refrain from providing, in any form, unlawful content.
III. Registration.
(1) User registration in the Store is free of charge.
(2) Registration is not necessary to browse the pages of the Store, as well as it is not necessary to place an Order, although it allows the User to view the history and status of his Orders, as well as to receive additional services of the Seller at the request of the User.
(3) In order to register, the User should, with the help of the cursor, select the ""Login/Register"" icon, which will redirect the User to the Store's page allowing login (for registered Users) and/or registration of the User.
(4) Clicking on the ""Create Account"" icon will redirect the User to the Store page containing the registration form (""Form"").
(5) User registration is performed by filling out the Form.
(6) Before completing the Form, you should read the Terms and Conditions and Privacy Policy.
7. after completing the Form, select the ""Register"" icon, which will send the Form to the Seller. At this moment, the registration process is completed, and the User is automatically logged into his/her Account - from this moment on, the User has an active Account in the Store and may place Orders using his/her Account without having to register again.
IV. Account
(1) having an Account allows the User, in particular:
1) to make Orders,
2) access to the status and history of Orders,
3) posting, editing or deleting data, including delivery addresses.
(2) Logging into the Account consists in providing an e-mail address and Password, established by the User during the Registration process. The User's e-mail address is the name (login) of the User.
3. the User acknowledges that the Password to the Account is confidential in nature. In order to ensure proper protection of the Password, it is recommended to change it. In order to ensure greater security, the Password should consist of lowercase and uppercase letters and contain digits or special characters.
(4) Any violation of the confidentiality of the Password, the User shall report to the Seller immediately upon discovery of the violation.
(5) If the Password is lost, the User may request the Seller to designate a new password, which is temporary in nature, allowing the User to log into the Account. For this purpose, the User should use the mechanism provided on the login page of the Account, marked ""I do not remember my password"". After the User enters his/her e-mail address, an e-mail will be sent to this address with a link allowing the User to log in to the Account and change the Password.
6 It is forbidden to share your Account with third parties.
V. Conclusion of the Contract
(1) The Orderer shall make an Order using the Shopping Cart.
(2) The Orderer acknowledges and agrees that placing an Order entails the obligation to pay the Price and Delivery Costs.
(3) The Order is placed by clicking on the ""Confirm Purchase"" icon.
(4) Before placing the Order, the Ordering Party should select the Goods and their quantity and place of delivery, as well as choose the form and method of Payment. If the Orderer has an Account, he should log into his Account before placing the Order.
(5) Before placing an Order, the Ordering Party, by means of the Shopping Cart, is informed about:
(a) the characteristics of the Goods he has selected and the total amount due to the Seller for its purchase and shipment, i.e. the Price and the Delivery Costs of the Goods to the Orderer, which the Orderer is obliged to cover,
b) the method and date of payment,
c) the method and date of execution of the Order by the Seller,
(6) Placing an Order is possible only after reading the content of these Regulations and accepting their provisions.
7 By clicking on the ""Confirm Purchase"" icon, the Ordering Party confirms that he/she accepts the selected Goods in accordance with their description and the Price and Delivery Costs, and expresses his/her willingness to purchase them in accordance with these Regulations, undertaking to pay for them. At the same time, the Purchaser confirms that he/she has read and accepts the Seller's terms of delivery and payment, as specified in these Regulations.
(8) The moment the Ordering Party clicks the ""Confirm purchase"" button, a Contract is concluded between the Ordering Party and the Seller, according to which the Ordering Party is obliged to pay the Price and cover the Delivery Costs of the Goods, while the Seller is obliged to execute the Order and deliver the ordered Goods to the Ordering Party without defects and in the manner and place indicated by the Ordering Party.
(9) The Seller shall immediately (i.e. on the same day the Order was placed) confirm to the Ordering Party the fact that the Order was made. The confirmation referred to in the preceding sentence shall be sent by the Contractor to the e-mail address provided by the Orderer in the Form (""Confirmation""). The Confirmation shall contain the information referred to in para. 5 above. Along with the Confirmation, the Contractor shall send the Ordering Party the Notice of Right of Withdrawal from the Contract, which constitutes Attachment No. 1 to these Regulations, and the Form of Withdrawal from the Contract, which constitutes Attachment No. 2 to these Regulations.
(10) In the event that the Order cannot be fulfilled due to lack of the ordered Goods or material necessary for its execution, the Seller shall immediately inform the Ordering Party that the Order cannot be fulfilled.
(11) The Ordering Party acknowledges that in the case of sales of promotional Goods or from sales, the quantity of which is limited, the execution of Orders depends on the order of receipt of the Order to the Seller. In the event that the Order cannot be realized due to the exhaustion of the Goods covered by the promotion or sale, the Seller will inform the Ordering Party that the Order cannot be realized.
12 The Seller reserves the right to verify Orders. In cases of reasonable concern that the Ordering Party does not comply with these Regulations, the Seller may withdraw from the execution of the Order, of which the Seller will inform the Ordering Party.
(13) The Ordering Party, together with receipt of the Order Confirmation from the Seller, should make Payment for the ordered Goods and cover the Delivery Costs. All necessary information regarding Payment is included in the Confirmation sent by the Seller.
14. all Goods offered on the pages of the online store ""Stopsun"" are brand new, free from legal defects, and have been legally introduced into the market.
VI. Order modification
(1) Due to the fact that most of the Goods offered by the Store are made to the individual needs of the Orderer (""tailor-made""), the modification of the Order placed is possible only within 24 hours from the moment of making the Order (the moment of concluding the Contract).
(2) In the event of the need to modify the Order, referred to in item. 1 above, the Ordering Party, within the period indicated in item. 1 above, should contact the Seller directing information about the need to modify the Order to the electronic address: sklep@stopsun.pl, together with an indication of the scope and manner of changes.
(3) In the case of modification of the Order, the Price, as well as the Delivery Costs, may change, of which the Ordering Party will be informed by the Seller.
VII. Payments
(1) The Ordering Party shall make Payment immediately, but no later than within 7 days after receiving the Order Confirmation. Subject to para. 2 below, the Ordering Party may make Payment by one of the following methods:
(a) cash on delivery - this form of Payment means that the Ordering Party makes payment for the Price and Delivery Costs of the Goods upon receipt of the shipment,
b) by bank transfer to the Seller's account number: 88 2490 0005 0000 4500 3736 7268 , writing ""bdehide.pl: order number"" in the title of the transfer.
(c) by credit card,
d) by e-transfer - the transaction is carried out by the e-card system.
(2) In the case of an Order including products:
(a) made-to-measure,
b) fabrics cut from the meter, or
c) when the value of the Order exceeds the amount of PLN 1000 gross,
- the only possible forms of payment are: bank transfer, e-transfer via payu.pl or paypal.pl.
(3) The Ordering Party may also use installment payment. For details, it is necessary to contact the Seller.
4th The Seller shall confirm receipt of the Payment to the email address provided by the Orderer.
5. the Payment shall be considered made when the amount due is credited to the Seller's account.
VIII. Order execution
The Ordering Party may place Orders on any day of the week, with Order Execution taking place from Monday to Friday, from 8:00 a.m. to 4:00 p.m. The Seller does not execute Orders on public holidays.
(2) Realization of Orders takes place within seven days from the date of full Payment by the Ordering Party, and if the Ordering Party chooses the ""cash on delivery"" payment option, Order Realization takes place on the date indicated by the Seller in the Confirmation.
(3) In the case of Realization of the Order on a date other than that indicated in items. 1 and 2 above, the Seller shall send to the Orderer's e-mail address a confirmation of the different terms of Order Realization agreed by the Parties.
(4) In any case, the Order Realization shall not exceed 30 days counted from the date of payment by the Ordering Party, or - in the case of ""cash on delivery"" payment, 30 days counted from the date of receipt of the Confirmation by the Ordering Party.
(5) In the absence of full Payment within 7 days from the date of receipt of the Confirmation, the Seller shall be entitled to withdraw from the Contract.
(6) In the event that the delivery address is not the same as the address of residence of the Ordering Party, and the delivery is to be made to the residence address of another natural person, the Ordering Party shall be obliged to submit a statement that it has the consent of the person to whose residence address the Order is to be delivered, to the processing of his personal data by the Seller, in particular his residence address, solely for the purpose of the Order delivery. Lack of possession by the Ordering Party of the said consent excludes the possibility of delivery of the Goods by the Seller.
IX. Terms and Costs of Delivery
(1) The Seller shall perform delivery on the territory of Poland.
(2) Delivery of the Goods shall be made via courier, shipping company or Poczta Polska - at the choice of the Ordering Party, subject to paragraphs 4 and 5 below.
(3) The cost of delivery via courier and Polish Post on Polish territory is PLN 17. This cost is added to the value of the Order appearing in the Confirmation.
(4) The Seller informs that blinds offered through the Store are delivered only via courier.
(5) At the time of issuance of the Goods by a representative of the courier company, shipping company or the Polish Post Office, the Purchaser should check whether the Goods have no mechanical damage, resulting from transport, and whether the issued Goods are consistent with the Order. If there is no damage or other objections, the Ordering Party shall confirm the release of the Goods with his/her signature. In the event of mechanical damage to the Goods or non-compliance of the Goods with the Order, the Ordering Party shall be entitled to file a complaint in the manner referred to in Chapter XI of the Regulations.
(7) The Seller shall deliver the Goods to the Ordering Party together with a sales document in the form of a fiscal receipt, bill or VAT invoice, if the Ordering Party has provided the data necessary for its issuance. Together with the documents referred to in the preceding sentence, the Seller shall provide the Ordering Party with a form of withdrawal from the Contract, which is attached as Appendix No. 2 to these Regulations.
X. Right of withdrawal from the Contract
(1) The Purchaser who is a Consumer acknowledges that he/she has the right to withdraw from the Contract, without giving reasons and without incurring costs, by submitting a written statement addressed to the Seller within 14 days from the date of delivery of the Goods to the Purchaser.
(2) To meet the deadline referred to in item. 1 above, it is sufficient to send the statement before its expiration to the Seller's address given in Chapter XII, item. 2 of these Regulations or to the Seller's e-mail address: sklep@stopsun.pl.
(3) A model statement of withdrawal from the Contract is attached as Appendix No. 2 to these Regulations. The model statement is sent to the Ordering Party together with the Order Confirmation and together with the Goods, in paper form.
(4) In the event of withdrawal from the Contract, the Contract shall be considered not concluded, and the Consumer shall be released from all obligations. What the Parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management.
(5) In the event of withdrawal from the Agreement, the Seller is obliged to return to the Purchaser - the Consumer, all Payments made by him immediately, but no later than within 14 days from the date of receipt of the statement of withdrawal from the Agreement. The return of payments shall be made using the same method of payment used by the Orderer, unless he agreed to a different method of return that does not involve any costs for him.
(6) The Purchaser - the consumer, is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Agreement. To meet the deadline referred to in the preceding sentence, it is sufficient to return the Goods before its expiration.
(7) The Seller may withhold reimbursement of the Payment, referred to in Section 5 above, until the Goods are received back or the Orderer-consumer provides proof of its return to the Seller's address, whichever event occurs first.
(8) The direct costs of returning the Goods shall be borne by the Orderer.
(9) In the event that the Ordering Party has chosen a different method of returning the Goods to the Seller than the cheapest ordinary delivery method offered by the Seller, if the Ordering Party - consumer exercises his right to withdraw from the concluded Contract, the Seller shall not be obliged to reimburse the consumer for the additional costs of delivery of the returned Goods.
(10) The right to withdraw from the Contract concluded remotely does not exclude the rights of the Orderer under the warranty for physical defects of the Goods.
(11) The Seller informs that the right to withdraw from the Contract under the Consumer Rights Act, does not apply to contracts:
(a) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the entrepreneur will lose the right to withdraw from the contract,
b) in which the subject of the provision is a non-refabricated thing, produced to the consumer's specifications or serving to meet his individualized needs (i.e. products sewn to measure, cut from the meter);
c) in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
d) in which the subject of performance are things that, after delivery, by their nature, become inseparable from other things;
e) in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
XI. Complaints - non-compliance of the Goods with the Contract
The Seller shall be liable to the Orderer-Consumer if the Goods are not in conformity with the Contract at the time of delivery. The Ordering Party - Consumer acknowledges that if the non-conformity is found before the expiration of one year from the issuance of the Goods, it shall be presumed to have existed at the time of issuance.
If the Goods are found to be inconsistent with the Contract, the Ordering Party should submit a complaint to the Seller.
In order to enable the Seller to respond to the Ordering Party's concerns, the complaint should:
be submitted in writing or sent by mail to the Seller's address, specified in Chapter XII, item. 2 of these Regulations or to the e-mail address of the Seller: sklep@stopsun.pl,
specify the reason for filing a complaint and indicate the scope of the Purchaser's request;
include attached proof of purchase (e.g. receipt, bill or invoice) - which, however, is not a condition for its consideration;
indicate the method of response to the complaint - a written response or via e-mail;
be signed and contain current details of the Purchaser, including the bank account number to which any refund of the price or the difference remaining after its reduction would be made.
The Seller shall consider the complaint within 14 days from the date of its receipt. Within the period referred to in the preceding sentence, the Seller shall respond to the Purchaser's complaint by sending a written or e-mail response to the address provided by the Purchaser in the complaint.
If the Seller accepts the complaint regarding non-compliance of the Goods with the Contract, the Seller shall immediately and without undue inconvenience for the Orderer, replace the Goods with defect-free Goods or remove the defect. Otherwise, the Ordering Party shall have the right to submit a statement of price reduction or withdrawal from the Contract. The Orderer may not withdraw from the Contract if the defect is insignificant.
The Seller shall be liable for non-compliance of the Goods with the Contract only if it is found before the expiration of two years from the release of the Goods to the Orderer.
In the case of the Purchaser, who is not a Consumer, he loses his rights under the inconsistency of the Goods with the Contract if he did not inspect the Goods at the time and in the manner usual for things of this kind and did not notify the Seller of the defect immediately, i.e. within 3 days of receipt of the Goods, and in the case where the defect came to light only later - if he did not notify the Seller immediately after its discovery.
If the Seller has not recognized the Purchaser's complaint, and the Purchaser does not agree with the Seller's decision, the Purchaser may apply for mediation or settlement to the Permanent Arbitration Consumer Court (""Arbitration Court""), operating at the relevant Regional Inspectorate of Trade Inspection.
A case may be brought to the Court of Arbitration by a Consumer, but also by an Ordering Party who is not a Consumer, by submitting an appropriate request (depending on the chosen method of settlement of the case, it may be a request for mediation and mediation or for the case to be heard by the Court of Arbitration) to the locally competent Provincial Inspectorate of Trade Inspection.
The application forms referred to in item. 9 above, are available on the websites of the Provincial Inspectorates of the Trade Inspection, a list of which with contact details can be found at www.uokik.gov.pl.
Resolution of a dispute as a result of a mediation procedure is voluntary and is not subject to administrative or judicial enforcement; it is not subject to appeal. Resolution of a dispute as a result of mediation does not affect the possibility of referring the case for settlement by a common court or a Court of Arbitration.
If the case is referred to the Arbitration Court, the settlement agreement and judgments issued by the Court shall have the force of a judgment of a common court. A complaint may be filed against the verdict issued by the Court of Arbitration to a common court. If the Parties conclude a settlement before the Arbitration Court, the Parties may not challenge it.
The Ordering Party, who is a Consumer, may also seek assistance from the Municipal or District Consumer Ombudsman or the locally competent Consumer Federation. Information on the Consumer Federation can be found at: www.federacja-konsumentów.org.pl.
XII. Parties to the Contract and contact to the Seller
The parties to the Contract concluded through the online store available at the electronic address www.behide.pl are the Orderer and the Seller.
The Seller is Stop Sun Anna Miącz-Kopczyńska, 10 Rusałka Street, 20-103 Lublin, NIP: 712-189-95-00. REGON: 430884753.
Any correspondence directed by the User to the Seller, should be addressed to the address given in item. 2 above or electronically to the e-mail address: sklep@stopsun.pl.
XIII. Final provisions
In matters not covered by these Terms and Conditions, the applicable provisions of Polish law shall apply.
Any disputes arising out of the performance of the Agreement and the provisions of these Terms and Conditions shall be settled by a common court of competent jurisdiction in accordance with the provisions of the Civil Procedure Code Act of November 17, 1964 (Journal of Laws of 1964, No. 43, item 296, as amended).
In addition to the possibility of judicial settlement of disputes, the Parties also have the option of using alternative methods of dispute resolution by submitting the case to mediation or submitting the dispute to the settlement of the Permanent Arbitration Consumer Court, operating at the relevant Provincial Inspectorate of Trade Inspection. The rules of access to the procedures referred to in the preceding sentence are described in Chapter XI items. 8-13 of these Regulations.
Consumers may also seek assistance from Municipal or District Consumer Ombudsmen or from the competent Consumer Federation in the area.
The list of Permanent Consumer Arbitration Courts, operating at the Provincial Inspectorates of Trade Inspection, can be found on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl), in the tab: Consumers - Settlement of consumer disputes.
These Regulations are available electronically at www.behide.pl
The Seller reserves the right to change prices of goods on offer, introduce new goods to the Shop's offer, conduct and cancel promotional actions on the Shop's pages or introduce changes to them. All price changes and cancellation of promotional actions do not apply to goods already ordered from the Store.
The Seller reserves the right to change these Regulations in case of:
change in the scope of services provided,
change of accepted methods of Payment,
change of delivery methods,
change of functionality of the Store,
change of generally applicable laws,
changes in the structure and contact addresses on the part of the Seller.
The Seller will inform the User, who has an Account, about the change in the Terms and Conditions through the Account. The change to the Terms and Conditions shall come into force within 14 days from the date of notifying the User about the change. The Seller will inform the User about the content of the changes and the expected date of their entry into force.
Changes to the Regulations will also be made available on the Store's website.
For the avoidance of doubt, the amendments do not affect Orders made before they came into effect.
Users with an Account, if they do not accept the new wording of the Terms and Conditions, should send a statement of non-acceptance of the new wording of the Terms and Conditions to the e-mail address of the Seller, specified in Chapter XII, item. 3 of these Regulations, a statement of non-acceptance of the new wording of the Regulations. Upon receipt of the User's statement, the Contractor will delete the Account held by the User, of which the User will be informed. The statement of non-acceptance of the new wording of the Regulations may also be directed in writing to the Seller's address specified in Chapter XII, item. 2 of these Regulations.
The Seller will also remove the User's Account at any request of the User, directed to the e-mail address of the Seller, i.e. kontakt@behide.pl or by letter to the address: Stop Sun Anna Miącz-Kopczyńska, 10 Rusalka Street, 20-103 Lublin.
In addition to the cases specified in sec. 11 and 12 above, the Seller also has the right to delete the User's Account, in case of:
lack of any activity of the User within 6 months from the date of creation of the Account, in the manner described in these Regulations,
violation by the User of the provisions of these Regulations, in particular Chapter II, items. 9 i 10.