§ 1 General provisions
1. These Terms and Conditions, hereinafter referred to as “Terms and Conditions”, set out the rules for the use of the online store located at the URL http www.bleta.pl, hereinafter referred to as “Store”.
2. The store is operated by Bleta with registered office: 62-030 lubon, Poniatowskiego 15, having NIP 9721338952, hereinafter referred to as “Administrator”.
3.Address of the Store and contact information: web address – www.bleta.pl e-mail – kontakt@bleta.pl, telephone 533982945, mailing address – 62-030 lubon, Poniatowskiego 15.
4. Each person should read the Terms and Conditions of the Store before using it.
5. Making purchases in the Store requires the Customer to have an active and working email account.
§ 2. Definitions
The terms used in the Regulations mean respectively:
a) Store – an online store operating at www.bleta.pl, selling products at a distance.
b) Customer – any entity making a purchase in the Online Store in accordance with the content of the Regulations, including both a Consumer and an Entrepreneur.
c) User – any entity using the Internet who accesses the Store’s website.
d) Customer Account – a field containing data on transactions carried out
and an instrument used to process orders placed by the Customer.
e) Newsletter – a service provided by the Online Store to the User who has agreed to send them a Newsletter, which consists in sending to such Users any information about the operation of the Online Store, after the User voluntarily provides an e-mail address, name and surname.
f) Consumer – a natural person making a legal transaction with an entrepreneur not directly related to his/her business or professional activity.
g) Entrepreneur – a natural person, legal person or unincorporated entity making a legal transaction on its own behalf in the course of its business or professional activity.
or professional activity.
h) Business days – days of the week from Monday to Friday, except for public holidays.
off work.
i) Terms and Conditions – this document, setting out the terms and conditions for the use of the Online Store and the purchase of products therein.
j) Registration – voluntary submission of data by a Customer of the Store consisting of filling in a form available on the pages of this Store.
§ Types and scope of Store’s activities
1. Through the Store is conducted distance sales via the Internet of an assortment of clothing and accessories.
2. The items offered are new.
§ 4. Privacy Policy
1. The Customer, by filling in the purchase form and checking the box next to the relevant statement, agrees to the collection and processing of his/her personal data in accordance with the Personal Data Protection Act of 29.08.1997 (Journal of Laws of 2002, No. 101, item 926, as amended) by the Administrator for the purpose necessary to carry out the provisions of these Regulations and the services provided on its basis.
2. The Administrator of the Personal Data is Bleta with registered office: 62-030 Lubon, Poniatowskiego 15, having NIP 9721338952.
3. The Data Controller has entrusted the processing of personal data to Gabriel Tomczak, contact details: bleta.united@gmail.com
4. The Administrator shall be entitled to disclose personal data only to entities authorized under applicable laws, in accordance with the provisions of the Regulations and applicable laws.
5. The user has the right to inspect and modify his/her personal data at any time, as well as their immediate deletion upon notification to the Administrator, who performs at the request of the User to modify or completlely delete data.
6. Only personal data provided voluntarily by the Client are collected. The data is processed for the purpose necessary to carry out the provisions of these Terms and Conditions, in particular:
a) conclusion of the contract of sale of the ordered goods,
b) delivery to the customer of the goods for which the customer has placed an order ,
c) issue a document confirming the sale transaction of goods,
d) record the transaction in the Store’s computerized accounting system for the period required by law and store personal data in the computerized accounting system to ensure the history of business transactions made by the Store,
e) store the Customer’s personal data in the Customer database.
7. With additional consent given by the Customer, the collected personal data may also be used for promotional and marketing purposes, including, in particular, to present to the Customer the store’s commercial offer and other marketing information related to the Store.
8. If you subscribe to a newsletter and agree to receive it during the registration or ordering process (agreeing to receive commercial information electronically), it is only necessary to provide an e-mail address for this purpose, to which commercial information from the Administrator will be sent. The Customer may unsubscribe from the sending of such information at any time by logging into his/her account in the Store or by clicking on the unsubscribe link located in the footer of each newsletter.
9. The data provided during the ordering process is also processed by the following entities to the extent provided: name, address, telephone, e-mail indicated as the delivery address is transmitted to shipping companies in the form of a shipping label/letter which is also a delivery order. Depending on the selected type of shipment are transferred :
a) DPD courier
b) Inpost
c) InPost Paczkomaty
10. The customer at any time has the right to access the content of his personal data and the right to correct it and request its deletion;
11. The Administrator informs that the Client is not obliged to provide his/her personal data, however, refusal to provide such data will prevent the proper performance of the services specified in the Regulations and the benefits under the contract between the Store and the Client.
12. The collected data are carefully protected in accordance with applicable regulations. The administrator makes every effort to ensure that the stored data is provided with an appropriate degree of security.
13. The Store uses cookies. When a Customer visits the Store’s website, the Store’s system sends at least one cookie file to the Customer’s computer to uniquely identify the browser. The Store’s server automatically logs the information sent by the Customer’s browser when viewing the sites. Server logs may include information such as network request, IP address, browser type and language, date and time the request was sent. This information allows us to improve the quality of our service by identifying and storing Customer preferences and tracking trends, such as the ways in which our site is searched. The Customer can prohibit receiving cookies, thus remaining anonymous, although by not allowing cookies to be registered, the Store will not be able to identify the Customer or their preferences. Detailed information about cookies is contained in the Cookies Policy available in the Cookies tab.
14. The Store informs Customers that the services offered through the Store are provided via the public Internet network. In connection with the above, the Store draws the Customers’ attention to the fact that using the Store’s services may involve the risk of interference by third parties in the transmission of data sent via the Internet between the Store and the Customer.
15. Information about the rules and methods of recording, securing and making available by the Store to the other party the content of the concluded contract:
a) Recording, securing and making available the content of the concluded agreement is done by sending an appropriate e-mail message after the conclusion of the Sales Agreement.
b) Recording, securing and making available the content of the concluded Sales Agreement is done by sending to the Customer the content of the concluded Agreement to the e-mail address provided or by providing the Customer with the Order specification and the proof of purchase.
c) The content of the concluded contract is additionally recorded and secured in the Service Provider’s ICT system and made available at any request of the Client.
§ 5. Technical requirements
1. For proper and uninterrupted use of the Store, the Customer’s station/end device should meet the following minimum technical requirements:
a) active internet connection,
b) enabled acceptance of cookies and Java Scripts
c) active e-mail address
2. The store is not obliged to provide the above equipment and/or software.
3. Installation of the software referred to in paragraphs 1 and 2 is subject to a separate license agreement between the customer and the licensor.
4. The store’s website is adjusted to a screen resolution of 1920×1080…
§ 6. Rules for making purchases
1. The store, before confirming the purchase, provides the customer with the following information:
a) accurate description of the product in question and its features;
b) the total price of the ordered products, including taxes, as well as the fee for transportation, delivery or postal services, and a summary of the total amount of the order with the selected delivery option;
c) Regarding the method and timing of payment;
d) Regarding the manner and timing of the entrepreneur’s performance.
2. Making a purchase of a Product does not require registration in the Store
3. Placing an order is done through the shopping cart, where the customer provides the following data:
a) Name or company name
b) Email address
c) Phone number
d) Shipping address details
4. The customer places an order after reading the information specified in the content of the store’s Terms and Conditions and the information indicated in paragraph 2, which will be displayed electronically in the last step of filling out the electronic form preceding the expression of the will to be bound by the contract by clicking the “I buy and pay” button. After reading the accumulated information specified for a given customer order, the customer expresses his or her will to be bound by the contract by clicking the “I buy and pay” button
5. All prices displayed on the Store’s pages are in Polish zloty and include VAT. The price displayed in the summary of the shopping cart before placing the order includes shipping costs according to the option selected by the Customer.
6. The store undertakes to deliver items free of defects.
7. An order is considered to be accepted for processing after the Store confirms acceptance of the order placed by the Customer:
a) Confirmation of order acceptance is sent automatically after the order is placed by the customer;
b) The Store may withhold acceptance of an order if it has doubts about the accuracy or reliability of the data indicated by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
c) In case of unavailability of some of the products included in the order, the customer is immediately informed about it. The customer decides whether the order is to be fulfilled partially or cancelled in full.
8. The Customer and the Store are bound by the price of the Product in effect at the time of placing an order for it.
9. The following payment methods are honored in the Store:
a) payment on delivery upon receipt of a shipment delivered by a postal operator or courier service,
b) simple wire transfer,
c) electronic payment system.
10. The deadline for payment is 3 days from the date of receipt of confirmation of acceptance of the order for processing by the store.
11. The contract is considered to be concluded upon confirmation of acceptance of the order in the case of selection of cash on delivery or upon payment by the Customer, after receipt of confirmation of acceptance of the order for processing.
12. The ordered goods are shipped within 2 business days:
a) from the posting of the amount due for the product if you choose to pay in advance,
b) from the confirmation of acceptance of the order for processing in the case of choosing payment on delivery
13. Shipments are sent via DPD courier service, Poczta Polska or to InPost Parcel Machines. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer – depending on the destination of delivery.
14. In case of ordering several pieces of goods, as a rule, the goods are packed collectively in one shipment
15. The customer will be notified by email about the shipment of goods. When choosing courier service, the customer will receive a tracking number via email.
16. The maximum delivery period according to the Consumer Rights Act is up to 30 days. If the deadline indicated in the previous sentence is exceeded, the Consumer has the right to give the seller additional time. If the goods are still not delivered the Customer may withdraw from the contract.
17. If the goods are to be sent by the Store to a customer who is a consumer, the danger of accidental loss or damage to the thing (goods ) passes to the customer at the time of its release to the customer. Release of the thing (goods) is considered to be its entrustment by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
18. Along with the product, the Store sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract – the forms are attached as Annexes 1 and 2 to these Regulations.
19. A receipt confirming the purchase is sent along with the Product. At the request of the Customer, a VAT invoice is issued. The Customer is obliged to provide full details necessary to properly issue a VAT invoice:
a) Name/company,
b) Address of residence/site,
c) Tax ID number (for companies), PESEL number (individuals),
d) Order number,
e) Mailing address
19. Each customer who registers and/or makes an order agrees to receive information related to the progress of the transaction, notifications of changes to these Terms and Conditions to the email address provided by the customer.
20. Other information regarding the operation of the Service, as well as containing commercial information about new products or services of the Service, about promotions of the Service and promoting products of the Administrator’s partners will be sent only to those Customers who have given their consent.
§ 7. Complaints
1. With regard to complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) and the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 item . 827 of 24 June 2014).
2. The shop is liable to the customer under the warranty if the sold thing (goods) has a physical or legal defect. A physical defect consists in non-compliance of the sold thing (goods) with the agreement. In particular, the sold thing (goods) is inconsistent with the agreement if:
a) does not have the qualities that a thing of that kind should have in view of the purpose specified in the contract or resulting from the circumstances or intended use;
b) does not have the qualities which the Shop assured the Customer of, including by presenting a sample or specimen;
c) it is not fit for the purpose which the Customer informed the Shop about at the conclusion of the contract, and the Shop has not raised any objections as to such purpose;
d) it has been given to the Customer in an incomplete state.
3. Complaints concerning the ordered goods may be submitted by e-mail to sklep@bleta.pl or by registered letter to the address ul. 1 Maja 70, 62-052 Rosnówko.
4. To facilitate the submission of complaints, a sample complaint form is provided at the URL http://iyiphqy.cluster027.hosting.ovh.net/pl_PL/zwroty-i-reklamacje.html. The use of this form is optional.
5. When lodging a complaint, please provide the following details: Customer’s name, address, sales identification data (e.g. login, order number, date of transaction), subject and reason for the complaint, contact details.
6. When determining the manner of fulfilment of the Store’s obligations in the scope of a reported complaint concerning the occurrence of physical or legal defects in an item, the Customer, who is a consumer, has the right to make a declaration to reduce the price or withdraw from the contract, unless the Store immediately and without undue inconvenience for the Customer replaces the defective item with a defect-free one or removes the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller (the Shop) or the Shop has failed to fulfil its obligation to replace the thing with a defect-free one or to remove the defect.
7. If the Customer is a Consumer , he/she may, instead of the repair of the defect proposed by the Shop, demand the replacement of the item with a defect-free one or, instead of the replacement, demand the removal of the defect, unless bringing the item to conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Shop. When assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the defect found and the inconvenience to which other means of satisfaction would expose the Customer are taken into account.
8. The reduced price should be in such proportion to the contract price as the value of the thing with the defect bears to the value of the thing without the defect.
9. The customer may not withdraw from the contract if the defect is immaterial.
10. Claims submitted by the Customer will be processed within 14 days of their submission. Failure to declare within this period shall be deemed to be an acknowledgement of the claims made by the Customer.
11. The Customer will be notified of the resolution of the complaint by the same method used to send the complaint, unless the Customer specifies another form of contact. The settlement of the complaint will also be sent electronically to the e-mail address provided by the Customer.
12. In the case of a positive resolution of a complaint, the Shop sends to the Customer goods free of defects or with the defect removed within a reasonable time. If repair or replacement with a new product is not possible for the reasons set out in paragraphs 5 and 6, the Store will, subject to an alternative request submitted by the Customer, reduce the price or refund the equivalent of the price of the product, plus shipping costs.
13. Warranty rights are excluded for Customers purchasing as Entrepreneurs.
§ 8. Cancellation of agreement
1. Pursuant to the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827), the Customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment on which the Customer took possession of the item , or on which a third party other than the carrier indicated by the Customer took possession of the item. In order to meet the fourteen-day period referred to in subsection 1, it is sufficient to send the declaration of withdrawal before its expiry. The declaration can be made on a form, a specimen of which has been provided at the URL http://iyiphqy.cluster027.hosting.ovh.net/pl_PL/zwroty-i-reklamacje.html and will be enclosed by the Store in hard copy with the shipment of the product. The use of this form is optional.
2. Pursuant to Article 38 of the Consumer Rights Act, the right of withdrawal from a contract concluded at a distance, in accordance with the Act, is not available to the consumer in cases:
a) for the provision of services where the trader has supplied the service in full with the express consent of the consumer, who has been informed before the performance begins that he will lose his right of withdrawal once the trader has provided the service;
b) in which the price or remuneration depends on fluctuations in the financial market which are not under the trader’s control and which may occur before the end of the withdrawal period;
c) in which the object of the performance is a non-refabricated item, produced to the consumer’s specifications or intended to meet the consumer’s individual needs;
d) where the benefit is a perishable item or an item with a short shelf life;
e) in which the object of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
f) in which the object of the performance is things which, after delivery, by their nature, become inseparable from other things;
g) in which the subject of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take placé after 30 days and the value of which depends on fluctuationś in the market over which the trader has no control;
(h) in which the consumer has specifically requested the trader to visit him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer has a right of withdrawal for the additional services or goods;
i) where the subject matter of the supply is ą sound or visual recording or computer software supplied in sealed packaging if the packaging is unsealed after delivery; for the supply of newspapers, periodicals or magazines, except for subscription contracts
j) concluded at a public auction;
k) for the provision of accommodation other than for residential purpose, carriage of goods, rental of self-catering, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day on which or the period during which the service is to be provided;
l) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
3. In the event of withdrawal from the contract, the Customer is obliged to return the goods to the address: ul. 1 Maja 70, 62-052, Rosnówko, or hand it over to a person authorised by the Store to collect it immediately, but no later than 14 days from the day on which, he/she has withdrawn from the contract, unless the Store has offered to collect the item itself. Returned goods should be packed in a manner preventing their damage in transport.
4. If the customer exercises the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the customer,
5. In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him/her, including the costs of delivery of the goods (except for the additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered for the delivery of the goods available in the Shop), immediately and in any event not later than 14 days from the day on which the Shop was informed of the Customer’s decision to exercise his/her right of withdrawal from the contract with the Shop.
6. The Shop shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not incur any costs for the Customer.
7. The shop may withhold reimbursement until it has received the returned Goods (item(s)) or until it has provided proof of return of those goods in connection with the withdrawal, whichever event occurs first.
8. If the Customer, who is a consumer, has chosen a method of delivery of the item (goods) other than the cheapest ordinary means of delivery offered by the trader, (refers to the method of initial delivery to the Customer) the trader shall not be obliged to reimburse the Customer for the additional costs incurred by the Customer.
9. The consumer shall be liable for any diminution in the value of the item resulting from the use of the item other than that necessary to establish the nature, characteristics and functioning of the item.
§ 9. Final provisions and description of the possibility to use out-of-court complaint and redress procedures
1. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, those provisions shall prevail.
2. In matters not regulated by these Regulations, the provisions of Polish law shall apply, including in particular the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item . 827 of June 24, 2014) and the Act of April 23, 1964. – Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
3. Information on the possibility of using out-of-court procedures for handling complaints and pursuing claims by the Customer who is a consumer, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php;
http://www.uokik.gov.pl/wazne_adresy.php;
4. The customer who is a consumer has, among other things, the following options for out-of-court means of handling complaints and claims:
a) Permanent amicable consumer court operating at the Trade Inspection – the possibility of requesting the settlement of a dispute arising from the concluded Sales Agreement;
b) The provincial inspector of the Trade Inspection may request the initiation of amicable mediation proceedings until the dispute between the customer and the store is resolved;
c) district (city) consumer ombudsman or social organizationa whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl
d) Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/
§ 10 Personal data protection
The terms and their interpretations contained in the Law on Personal Data Protection dated August 29, 1997, OJ. 2016, item 922 as amended (the “Act”). Please be informed that the Administrator of the personal data, the processing of which is necessary to enable us to provide services, is Gabriel Tomczak – Bleta with registered office: 61-629 Poznań, osiedle pod lipami 3/51
Personal data will be processed only for the purpose and to the extent necessary to carry out the provisions of this Agreement. When processing the data, appropriate technical and organizational measures will be taken to protect against unauthorized or unlawful processing of personal data, and against accidental loss or destruction of or damage to personal data. As a Party to the contract and a beneficiary of the benefits covered by the contract, you have the right to access the content of your data and to correct and rectify it, and (to the extent required by law) to erase, restrict processing and object to processing. We will not keep your personal data for longer than we need it, and providing it is voluntary but necessary for the performance of the benefits under the Agreement. We will also not subcontract the processing of personal data without the Party’s prior written consent except to carefully selected suppliers performing certain functions on our behalf (e.g., companies assisting us in providing: customer services, technology services, data storage and linkage, payment processing and order delivery). As a Party to the Agreement, you also have the right to lodge a complaint with the supervisory authority competent for data processing (PUODO).
Annexes to the Regulations
A. INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL
– INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT
Right of withdrawal
1. You have the right to withdraw from this contract within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the day on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item;
3. You may use the model withdrawal form, but it is not mandatory. You may also fill in and submit a withdrawal form or any other unequivocal statement electronically on our website [insert́ website address]. If you use this option, we will promptly send you an acknowledgement of receipt of your notice of withdrawal on a durable medium (for example, e-mail).
4. In order to comply with the withdrawal period, it is sufficient for you to send information on the exercise of your right of withdrawal before the expiry of the withdrawal period.
5. Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of delivery offered by us), immediately and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first.
Please send back or hand over the item to us immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period.
You will have to bear the direct costs of returning the item. The amount of these costs is estimated at a maximum of about 25PLN.
You will be liable only for the diminution of the value of the thing resulting from using it in a manner other than necessary to determine the nature, characteristics and functioning of the thing.
B. WITHDRAWAL FORM
Please be advised that this form must be completed́ and returned́ only if you wish to withdraw from the contract. The use of the form is optional.
Bleta
62-030 luboń, Poniatowskiego 15
e-mail – bleta.united@gmail.com phone 533982945
I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*)
Date of conclusion of the contract(*)/collection(*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent on paper)
Date
(*) Delete not necessary.