BellaCasa.co

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Terms and Conditions

TERMS AND CONDITIONS OF THE BellaCasa.co ONLINE STORE

Dear Customer!
I am very pleased that you have decided to shop in my Store.
Please read the following Regulations and the sales rules that apply to you and us when shopping 😊
Remember also that in case of questions and doubts, you can contact us through the data indicated in the Regulations.

CONTENTS

1 GENERAL PROVISIONS AND CONTACT DETAILS
2 DEFINITIONS
3 TECHNICAL REQUIREMENTS
4 PRODUCTS AVAILABLE IN THE STORE
5 SUBMISSION AND FULFILLMENT OF ORDERS
6 PRODUCT PRICES AND PAYMENT
7 TERMS OF ORDER EXECUTION AND DELIVERY
8 PRODUCT DELIVERY - COSTS, FORMS AND DATES
9 ELECTRONIC SERVICES
10 COMPLAINTS
11 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
12 PROVISIONS CONCERNING ENTREPRENEURS
13 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
14 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT
15 PERSONAL DATA AND COOKIES
16 EXTRAJUDICIAL METHODS OF SETTLING DISPUTES AND CLAIMS BY A CONSUMER
17 FINAL PROVISIONS

APPENDIX 1 - SPECIMEN COMPLAINT FORM IN THE CASE OF A CONSUMER

APPENDIX 2 - SPECIMEN COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

APPENDIX 3 - SPECIMEN FORM OF WITHDRAWING FROM THE CONTRACT IN THE CASE OF A CONSUMER

APPENDIX 4 - SPECIMEN FORM OF WITHDRAWING FROM THE CONTRACT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS


§1 GENERAL PROVISIONS AND CONTACT DETAILS

1. The online store is available at the domain https://shop.bellacasa.co and on the relevant subpages after registration and is run by the Seller.
2. In the event of a complaint about the placed Order, please contact the Seller using the following contact details:
- telephone number: + 48 68 374-55-17
- e-mail address: shop@bellacasa.co
- contact form available as part of the Store.
3. The Customer may communicate with the Seller using the e-mail address and the contact form available as part of the Store.
4. The rules for using and submitting Orders, concluding Product Sales Agreements and making complaints within the Store are set out in these Regulations.
5. The Seller provides the Customer or User with the Regulations free of charge before using the Online Store. The Customer may record the content of the Regulations in a convenient way, e.g. by recording on a durable medium or printing.
6. The condition for using the Store and concluding a Sales Agreement is the acceptance of the provisions of these Regulations. By accepting it, the customer agrees to all provisions and undertakes to comply with them.
7. The prices given in the store are given in Polish zlotys in the language version of the store in PL and in the currencies of individual countries for which language versions in the store exist and are gross prices (including VAT).
8. Information about the Products provided on the Store's websites, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
9. As part of using the Store, it is prohibited to provide unlawful information and, in particular, it is prohibited to:
- sending and placing spam within the Store
- providing and transferring content prohibited by law, in particular as part of forms available in the Store;
10. It is ordered:
- using the Store in a manner consistent with the Regulations and legal provisions;
- using the Store in a way that does not interfere with its functioning;
- the use of any content posted on the Store's websites only for personal use, in accordance with the license granted (if such was granted).
11. The customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data.
12. In order to delete the Customer's account, the Store should be informed in writing or via e-mail about the will to delete it.


§2 DEFINITIONS

The terms used in the Regulations mean:
1. Seller - BellaCasa.co sp.z o.o. with headquarters in Żary 68-200, ul. Żagańska 100G, Poland, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000342009, NIP: 9282047499, REGON: 080384998, share capital in the amount of PLN 5,000, in accordance with the information corresponding to the current excerpt from the Register of Entrepreneurs contained in the Central Information of the National Court Register, represented by Iwona Ozimek - President of the Management Board.
2. Customer or User - a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, placing an Order within the Store and making purchases through the Store.
3. Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
4. Entrepreneur with the rights of a consumer - an Entrepreneur who orders Products related to his business activity, but not of a professional nature for the entrepreneur, in accordance with Art. 38 a of the Act on consumer rights and art. 3855, art. 5564, art. 5565 and art. 5765 of the Civil Code.
5. Account - the Customer's or User account set up on the Store's online platform, enabling access to the purchased training and products.
6. Entrepreneur - a natural person, legal person and an organizational unit that is not a legal person, the legal capacity of which is granted by a separate act, performing
on its own behalf, a business that uses the Store.
7. Regulations - these Store Regulations.
8. Online Store or Store - an online store available at https://shop.bellacasa.co and on its respective subpages through which the Customer may place Orders and purchases of specific Products.
9. Product - physical and / or electronic products purchased or available
in the shop. Products are sold for a fee, unless expressly stated otherwise.
10. Electronic product - a product purchased in the Store, available only in an electronic version. Products are sold for a fee, unless expressly stated otherwise.
11. Physical product - a product purchased in the Store, available only in a physical version.
12. Sales Agreement - a Product sales contract concluded between the Seller
and the Customer via the Store.
13. Order - an activity, a declaration of intent by the Customer, aimed directly at concluding a Product Sales Agreement with the Seller and performance for the benefit of the Customer, under the conditions specified in these Regulations.
14. Order form - the Store's form by means of which the Customer may place an Order and perform the Sales Agreement.
15. Distance contract - contract concluded with the Customer as part of the Store, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
16. Payment operator - Blue Media S.A. with headquarters in Sopot, ul. Powstańców Warszawy 6 KRS: 0000320590 and PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg.
17. Proof of payment - invoice or receipt issued in accordance with the Tax Act
on goods and services of March 11, 2004 and other applicable laws.
18. Payment - payment to the Seller's account via online payment methods available in the Store or payment upon receipt of the Product - depending on the selected payment method and the ordered Product.
19. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending
and receiving data via telecommunications networks using a terminal device appropriate for a given type of network (Internet).
20. Working days - days of the week from Monday to Friday, except public holidays.
21. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
22. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.
23. GDPR - means Regulation of the European Parliament and of the Council EU 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation ).
24. Act on the protection of personal data - the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).

§3 TECHNICAL REQUIREMENTS

1. The customer may use the available functions of the online store in a manner consistent with the Regulations and applicable regulations and in a manner that does not interfere with the functioning of the online store and other customers.
2. To use the Store, including browsing the Store's assortment and placing orders for Products, you need: a / Internet access from a device that enables it; b / properly configured, current version of the web browser that supports cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome; c / an active and properly configured e-mail account.
3. The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by customers and by unauthorized third parties.
4. The Seller takes appropriate actions to ensure the proper functioning of the Store.


§4 PRODUCTS AVAILABLE IN THE STORE

1. The following physical products are available in the BellaCasa.co Store, each time presented in the current assortment on the Store's website.
2. The Store's offer also includes products made to individual customer orders.
3. A customer wishing to make an individual order should contact the Seller at the e-mail address indicated in these Regulations.
4. After agreeing the parameters and features of the Product with the Customer, it will be prepared for his individual order.
5. The process of ordering an individual Product will be agreed separately with the Customer.
6. The specificity of each Product, its composition and characteristic features can be found in the Product descriptions in the Store.


§5 SUBMISSION AND FULFILLMENT OF ORDERS

1. The Customer may purchase the Product by selecting it from the appropriate subpage of the Store. The Customer may choose from various variants of the Product at different prices (as long as such a possibility is clearly indicated in the Product description).
2. After selecting the Product, in order to make a purchase, the Customer should take the next steps in accordance with the messages displayed on the Store's website. The customer should first click on the "Add to cart" button visible on the website along with the price and product description, as a result of which the selected Product will be added to the shopping cart. Then, he can make further purchases by clicking the "Continue shopping" button or stay on the cart page, where he has the option to enter a discount coupon, if there is one, in the field called "I have a discount coupon". After entering the discount coupon, the price will change and the Customer may proceed to the further steps of placing the order by clicking the "Order" button.
3. If the Customer is already registered in the store (he has an account), he can log in to finalize the Order. If the customer is not registered in the store, he can create an account or make purchases without registration.
4. In order to place an Order, it is necessary for the Customer to provide the following data in the forms:
- name and surname and optional company name - the customer must choose whether to place the order as a private person or as a company by checking the appropriate box,
- address (country, street, building number, apartment number, zip code, city),
- phone number,
- e-mail address,
- acceptance of the Regulations by checking the box. Acceptance is necessary to complete and complete the Order,
- selecting the proof of purchase that the customer wants to receive,
- the customer may also indicate a different shipping address by checking the "Other shipping address" checkbox and indicating the appropriate data in the extended window on the same page.
- the customer can also optionally submit comments to the order, eg additional information about the delivery of the parcel, which should be entered in the "Comments" field.
5. After completing the data, clicking on the "Payment and delivery" button, the Customer will proceed to the next step of placing the order, where he is obliged to select the method of delivery and payment method for the ordered Products from those currently available in the Store. In this step of placing the order, you can see all amounts, such as the value of purchased products, the amount of discounts granted and delivery costs.
6. After clicking the "Summary" button, the Customer will be transferred to the last step of placing the order, where he will see all information regarding the Order. By clicking the button "Order with obligation to pay", which indicates the need to pay for the order, the Customer agrees to the execution of the order.
7. While placing the Order - until clicking on the button "I order with the obligation to pay" - the Customer has the option to modify the personal data and data provided by him in the scope of the selected Products, as well as in the form of payment by clicking the "Back" button.
8. By clicking on the "Order with payment obligation" button, the Customer is aware that the conclusion of the contract is related to the obligation to pay the payment due to the Seller.
9. Sending the Order by the Customer is a declaration of the Customer's will to conclude it
with the Seller of the Sales Agreement, in accordance with the content of these regulations.
10. The customer makes the payment in one of the payment methods available in the Store, the choice of which he made, and then makes the payment.
11. The fact of making a purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
12. The Sales Agreement is treated as concluded upon receipt by the Customer of the e-mail referred to in paragraph 11 of this section.
13. The Sales Agreement is concluded in a language compatible with the language version of the store in which the order was placed in accordance with the Regulations. If the contract is concluded in a language other than Polish, Polish law shall apply.
14. The Seller reserves the right not to fulfill the Order in the event of:
- incorrect / incomplete completion of the Order form (lack of all data needed to complete the Order),
- not receiving the payment within 2 days of placing the Order (does not apply to cash on delivery and personal collection).


§6 PRODUCT PRICES AND FORMS OF PAYMENT

1. The prices of the Products posted on the Store's website are gross prices and include all taxes required by applicable legal regulations (including VAT).
2. The Seller reserves the right to change the prices of the Products presented in the Store, introducing new Products, withdrawing Products, carrying out promotion and giving discounts, as well as temporarily offering free Products. The above right does not affect Orders that were placed before the effective date of any of the changes.
3. The duration of each promotion is limited. Discounts and promotions do not add up, unless the terms and conditions of the promotion state otherwise.
4. The Customer may choose the following forms of payment for the ordered Products:
- by electronic transfer and payment card - payment is made through the online payment operator and Blue Media S.A. payment cards. Authorization and processing of personal data takes place through a given bank;
- using PayPal - the customer will be transferred to the PayPal website in order to make a payment on the terms indicated by this website;
5. In the case of electronic payments, the product will be sent after receiving and posting the transfer on the Seller's bank account.
6. For each Order, a receipt or an invoice for the company is issued (if the company details have been provided), which the Customer receives with the goods. The receipt is a standard proof of purchase. The VAT invoice is issued at the request of the Buyer. Please declare at the time of purchase whether the goods are purchased by a natural person or a VAT taxpayer and select the proof of purchase to be finally issued. Due to the amendment to the VAT Act from July 1, 2019, in the case of issuing a receipt, it will not be possible to issue an invoice for the receipt. For a natural person, the proof of purchase is a receipt, while for the taxpayer (company), a VAT invoice is issued. After selecting a receipt for a natural person, it will no longer be possible to issue an invoice for the receipt.

§7 TERMS OF ORDER EXECUTION AND DELIVERY

1. In the case of orders paid for by bank transfer, payment card or e-payment system, the order processing time is counted from the date of crediting the Seller's bank account or settlement account, and in the case of cash on delivery - immediately after receiving the order.

2. The Buyer cannot modify the parameters of the order after its prior acceptance.

3. The delivery will be made by a courier company or another shipping company indicated by the Seller.

4. The order completion time does not exceed 7 business days, unless a different deadline is specified in the description of a given Product or when placing the order. In the event of temporary or permanent unavailability of the goods, the Buyer will be informed immediately. If the order consists of Products with different delivery times, the order is sent to the Buyer in accordance with the longest deadline specified in the order. After prior arrangement with the Seller, there is a possibility of partial execution of the order for individual products.

5. The order completion date is counted from the moment of receiving the payment. When choosing the method of payment by electronic transfer or card payment, the execution time is counted from the moment of obtaining a positive authorization/crediting of the Seller's bank account or settlement account. Failure to pay within 2 days when paying by bank transfer results in cancellation of the order.

6. The seller is not responsible for delays in production or transport resulting from random reasons beyond his control.

7. The purchased goods will be sent to the address provided by the Buyer in the order form - place of performance.

8. Products delivered by courier are delivered from Monday to Friday at hours appropriate for the operation of a particular courier company. In order to determine the delivery details, the courier may contact the Buyer by phone (also SMS). We do not guarantee delivery of goods by courier at the time specified by the Buyer in the order.

9. The courier or other carrier is obliged to unload all shipments from the car. The transport price does not include the service of bringing the furniture.

10. If it is not possible to collect the shipment within the specified time, the Seller may charge additional costs related to repeated shipment or storage of the ordered product.

11. The customer may cancel the order only until the logistics work has not started, i.e. until the order receives the status "Accepted for execution", about which the customer is informed by e-mail.

12. In exceptional situations, it is possible to cancel the order after contacting the Seller, but only if the goods have not yet been shipped. In the event of cancellation of the order, when it has already received the status "Accepted for execution", and the work related to the preparation of the goods for shipment has already been completed, the Seller may charge the Customer with logistics costs related to logistics work.

13. The customer cannot cancel the order when the shipment has been sent and the goods are on their way. In the event of failure to collect the consignment of the confirmed order, which was sent in accordance with the delivery method selected by the Customer, the Seller has the right to charge the Customer with delivery costs in accordance with the carrier's price list.

14. Before collecting the parcel from the courier, check whether its packaging does not bear any signs of damage resulting from transport. If the packaging of the shipment is damaged, do not accept the shipment and draw up a damage report in the presence of the courier and contact the Service Department as soon as possible to clarify the matter. The written damage report is the basis for further complaint procedure.

15. All furniture offered on the website of the online store is sent in packages, folded, for self-assembly. Installation is the responsibility of the buyer.


§8 DELIVERY OF PRODUCTS - COSTS, FORMS AND DATES

1. The products will be shipped within 3 to 30 business days from the moment the order is accepted for execution, depending on the type and availability of the assortment.
2. The customer can choose the following forms of delivery:
- Courier delivery
- Pickup in person
3. Deliveries are made in Poland and to countries from the drop-down list made available at the stage of entering the shipping address.
4. The order will be processed to the shipping address indicated when placing the order.
5. Product deliveries take place on business days, from Monday to Friday.
6. The cost of delivery is added to the value of the ordered products in the shopping basket in accordance with the current price list of the Store.
7. The cost of delivery in Poland and Germany is given at the time of placing the order and calculating the basket. The customer can read them before placing the order.
8. The cost and time of delivery to countries other than Poland and Germany is determined individually depending on the location. Before finalizing the order, the customer should contact the store to determine the cost and delivery date.
9. Goods outside Poland are sent by courier, only against payment in advance.
10. If the Customer selects the payment in the form of a prepayment, the Product shipping time is counted from the date the payment is credited to the Seller's bank account.
11. If the Customer chooses to pay in the form of a prepayment during the purchase, he undertakes to immediately pay the funds to the Seller's bank account. If no payment is made to the Seller's bank account within 2 business days from the date of placing the Order in the Store (excluding Saturdays, Sundays and other public holidays), the Order will be canceled.
12. If you choose the method of payment on delivery - the order processing time is counted from the moment of receiving an e-mail from the Seller confirming the submission of the Order.
13. It is assumed that the date of payment is the date of crediting the Seller's bank account.
14. If you choose the delivery method: Pickup in person, the product can be picked up at the company's headquarters at 68-200 Żary, ul. Żagańska 100G, Poland on: Monday - Friday 9:00 a.m. - 4:30 p.m., Saturday 9:00 a.m. - 2:30 p.m.


§9 ELECTRONIC SERVICES

1. Through the Store, the Seller provides services to the Customer by electronic means.
2. The basic service provided electronically to the Customer by the Seller is enabling the Customer to conclude a contract with the Seller by electronic means. This service is provided free of charge, as part of the price paid for placing the Order.
3. The Seller also provides the Customer with a service in the form of sending a newsletter, if the Customer has agreed to it. Details on sending the newsletter, subscribing to it, and resigning from receiving it are described in the privacy policy.
4.The Seller also provides the Customer with a registration service
and kept and in the Account and providing the Customer with access to the Account by logging in, if the Customer decided to set up such an account. This service is provided to the Customer as part of the price paid for the Product.
5. In order to create an individual Account, the Customer should complete the registration form and accept the Regulations, and then place an Order.
6. Related information will be sent to the e-mail address provided by the Customer
with creating an account and an activation link. After clicking on the link, the Customer may use the account.
7. Upon successful Account registration, the contract for the provision of free electronic services is concluded for an indefinite period.
8. The Customer logs in to the Account via the e-mail address or login and password. At any time, it can also generate a new password in case of forgetting or losing the previous one.
9. In order to ensure the safety of the Client and transfer of data in connection with
when using the Store, the Seller takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons.
10. The seller takes steps to ensure that it functions properly. The Customer is entitled to inform the Seller about any irregularities or interruptions in the functioning of the Store.
11. It is forbidden to share Customer Account data with third parties and to set up several Accounts by one User.
12. The Seller may terminate the contract for the provision of electronic services and delete the Customer's account or deprive him of the right to place Orders at any time with a 14-day notice period, while maintaining the rights acquired by the Customer before the termination of the contract.
13. The Seller may terminate the contract for the provision of electronic services and delete the Customer's account or deprive him of the right to place Orders, with immediate effect, for important reasons, in the event of a material and gross violation of the provisions of these Regulations by the Customer, i.e. in particular in in the event that the Customer uses the Store and the Account in a manner inconsistent with the law or the provisions of the Regulations and contrary to good manners and the purpose of the Account and Store, in a way that is burdensome for other Customers and the Seller, copies the Seller's Products and Services or makes them available to third parties without Seller's consent, provides the Seller with data inconsistent with the actual legal status, incorrect, inaccurate or violating the rights of third parties, or violates or tries to violate the technical security of the Store and the Account in order to obtain unauthorized access to its resources.
14. The parties may also terminate the contract for the provision of electronic services by mutual agreement of the parties at any time.
15. The customer may terminate the contract for the provision of electronic services at any time with a 14-day notice period or immediately for important reasons.
16. As a result of the removal of the Account by the Seller, the Customer loses access to all the resources previously available on his Account.
17. In order to delete the Account, the Customer may contact the Seller by e-mail.
18. The Seller informs that deleting the Customer Account may make it difficult or impossible for the Customer to use the Products in the Store, including those ordered.

§10 COMPLAINTS

1. The seller is liable to the customer who is a consumer within the meaning of art. 221 of the Civil Code for non-compliance with the Sales Agreement for Products purchased by the Customer (warranty), as well as in accordance with the provisions of the Act on consumer rights and art. 556 et seq. Of the Civil Code.
2. The Seller is obliged to deliver a Product free from defects.
3. The Seller is liable to the Customer under the warranty for defects to the extent specified in the Civil Code, if the Product has a physical or legal defect.
4. The complaint should contain data enabling the Customer's identification (first name and surname, correspondence address, e-mail address), subject of the complaint (e.g. type and date of the defect) and claims related to the complaint. If an incomplete complaint is received, the Seller will call the Customer to complete it.
5. The complaint should be sent to the Seller's e-mail address provided in these Regulations.
6. The seller will respond to the complete complaint within 14 days from receiving the complaint and will inform the Customer about further proceedings to the e-mail address of the person submitting the complaint.
7. The Seller will process the Customer's personal data in order to consider the complaint.
8. The customer may use the complaint form attached to these Regulations, and may also contact the Seller by phone to submit a complaint and obtain information on the process of its consideration.
9. In the event of approval of the complaint on the basis of the photos and description sent, the Seller, via a courier company, will collect the goods from the Buyer at his own expense after prior arrangement of a convenient time for its collection. If it is not possible to find a product defect on the basis of the photos sent, the Customer is obliged to send the advertised goods on his own to the address of the company's registered office.
10. The seller prepares a bill of lading at the agreed date of receipt of the parcel, which is then sent by e-mail to the buyer for printing and handing over to the courier upon receipt of the order. Pickup of parcels is valid from Monday to Friday from 9.00 to 16.00


§11 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

1.The consumer has the right to withdraw from the contract within 14 days from the date of the contract, without giving any reason, subject to paragraph 6.
2. To exercise the right to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by e-mail or via the contact form available on the Website). To meet the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
3. An exemplary content of the declaration (form) on withdrawal from the contract is included in the appendix to these regulations.
4. The seller is obliged to immediately, no later than within 14 days from the receipt of the Consumer's statement on withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the Product, subject to paragraph 6 and 7 of this paragraph.
5. The Seller shall refund the payment 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.
6. The right to withdraw from a distance contract is not entitled to the Consumer in the following cases:
- for the provision of a service in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs (e.g. pattern, size, color, type of material);
- for the provision of a service in which the subject of the service are items that after delivery, due to their nature, remain inseparably connected with other items.
7. The Seller may withhold the reimbursement until receipt of the Product or until proof of its return is provided, whichever occurs first.
8. If the Consumer has chosen a Product delivery method other than the cheapest possible delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
9. The Consumer is obliged to return the Physical Products to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. The deadline is met if the Consumer sends the returned Product to the Seller's address before the expiry of the 14-day period.
10. The consumer is obliged to cover the direct costs of returning the Product as a withdrawal from the contract (costs of returning the Product to the Seller).
11. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functionality of the Product.
12. The Buyer is obliged to secure the returned goods in a way that prevents their damage. Shipping address: BellaCasa.co sp.z o.o. ul. Żagańska 100 G, 68 -200 Żary, Poland.
13. Shipments sent to the address of the Seller with cash on delivery will not be collected.
14. In the case of issuing a correcting invoice, the invoice will be issued by the Store at the time of returning the money to the Customer's account. The invoice will be sent to the Customer by e-mail to the e-mail address provided when placing the Order, to which the Customer agrees.

§12 PROVISIONS CONCERNING ENTREPRENEURS

1. The provisions of this paragraph apply to the Store's Customers who are Entrepreneurs.
2. In the case of the sale of the Product in trade between entrepreneurs pursuant to art. 558 § 1 of the Civil Code, the parties exclude the Store's liability under the warranty for physical and legal defects of things.
3. In the case of Customers who are not Consumers, the Seller may terminate the contract for the provision of electronic services, consisting in maintaining the Customer's account, with immediate effect and without giving reasons by sending the Customer an appropriate statement, also by e-mail to the e-mail address provided by him for registration of the Account. It does not raise any claims against the Seller.
4. The Seller has the right to withdraw from the contract concluded with the Customer who is not a Consumer without giving any reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate statement, also by e-mail to the e-mail address provided by him for registration of the Account. It does not raise any claims against the Seller.
5. In the event of an overlay a of the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment in time and in the manner adopted for the given type of shipment. He should immediately carry out activities aimed at determining the liability of the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the 6. Product arising from its acceptance for transport until its delivery to the Entrepreneur and for delay in transporting the shipment.
In relation to Customers who are Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in full or in part, regardless of the method of payment chosen by the entrepreneur or the conclusion of a sales contract.
7. The Seller's total liability towards the Entrepreneur (Customer) for non-performance or improper performance of the sales contract is limited to the amount of the Product price paid and the delivery costs under the sales contract and the placed Order, in the event of deliberate damage. The Seller is not responsible for the lost profits in relation to the Entrepreneur.
8. Settlement of any disputes between the Seller and the Customer who is not a consumer within the meaning of art. 221 of the Civil Code, is subject to the court having jurisdiction over the seat of the Seller.


§13 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur with the rights of a consumer is an entrepreneur who makes purchases in the Store that are related to his business activity, but do not have a professional nature for him, resulting in particular from the subject of his business activity on the basis of the provisions on the Central Register and Information on Economic Activity, in accordance with Art. 38a of the Act on consumer rights.
2. The entrepreneur referred to in the first paragraph of this section will be subject to the provisions of these regulations that apply to the Consumer, i.e.
- services provided electronically
- withdrawal from the contract by the Consumer
- complaints and warranty,
to the limited extent of Art. 38 a of the Act on consumer rights and art. 385/5, art. 556/4, art. 556/5 and art. 576/5 of the Polish Civil Code. In the remaining scope, the provisions of the Regulations concerning Entrepreneurs shall apply.
3. An entrepreneur with the rights of a consumer, accepting these regulations during the purchasing process, and then using his rights listed in this paragraph, should complete the appropriate complaint or withdrawal form, in particular data confirming his status in accordance with art. 38a of the Act on consumer rights or provide this information in another way.
4.The entrepreneur referred to in the above paragraph declares in the form sent to the Seller or otherwise that the purchased Product / s, and thus the concluded sales contract, are directly related to his business activity, but they are not of a nature for him. professional, resulting in particular from the subject of business activity on the basis of the provisions on the Central Register and Information on Economic Activity, which proves that he meets the conditions for such an entrepreneur to be considered. The forms constitute attachments to these Regulations.


§14 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

1. Products and services provided by the Seller, available in the Store, content, texts, logos, photos, company names, trademarks, logos of Products of other authors, graphic design may constitute works within the meaning of the Act of February 4, 1994 on copyright and rights related, are subject to legal protection and constitute the intellectual property of the Seller and / or third parties who are their owners / authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Regulations.
2. In the event of the intention to use the Product or the above-mentioned elements in a manner inconsistent with the purpose and functionalities indicated in these Regulations, the Customer is obliged to obtain the Seller's written consent.
3. The Seller grants the Customer a non-exclusive and non-transferable license, without the right to sub-license the use of the subject of the contract / product. Under the contract, the Customer is authorized to use the Product only for his own needs, without territorial restrictions, in the following fields of use:
- in terms of recording the song - recording using a digital technique - recording through digital processing on a dedicated platform (Customer Account) maintained by the Seller,
- printout for own needs of using materials in pdf format. and doc. and docx., if it results from the specificity of the Product and / or the description of the Product,
- record using a digital method, modifications for own needs to the extent indicated in the relevant instructions or comments, e.g. on your own hard bearing.
4. The license referred to in sec. 3 is valid for the duration of access to the Product. The period of access to a given Product, and thus the duration of the license, is indicated in the description of a given Product, and unless otherwise stated, it is granted for 365 days from the date of the Order. The remuneration for granting the license is included in the payment made by the Customer.
5. It is forbidden, in particular, both as regards the entire Product and its parts:
sharing and presenting the Product to third parties,
publish the Product, regardless of the form of publication, with the exception of publication permitted in the instructions or comments,
copying, reproduction for purposes other than personal use.
6. The Seller hereby informs the Customer that any dissemination of Electronic Products or any other content or Products made available by the Seller is a violation of the law and may give rise to civil or criminal liability. The seller may also claim appropriate compensation for material or non-material losses in accordance with applicable regulations.
7. The Seller is entitled to periodically update the Products.


§15 PERSONAL DATA AND COOKIES

Pursuant to Art. 13 sec. 1 and sec. 2 GDPR (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC) and the Act of May 10, 2018 on the protection of personal data, I inform you that:

1. The administrator of the Customer's personal data is BellaCasa.co sp.z o.o., NIP: 9282047499, REGON: 080384998, also referred to in the Regulations as the Seller. The administrator independently performs the tasks of the Personal Data Protection Inspector. The Administrator can be contacted using the following data: e-mail: info@bellacasa.co, telephone number: +48 68 374-55-17 or in writing to the Administrator's address.
2. The Customer's personal data provided in the forms in the Store will be processed on the basis of an agreement concluded between the Customer and the Administrator, the conclusion of which takes place as a result of the acceptance of these Regulations, pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and / or perform the contract). It is necessary for the performance of this contract (execution of the Product order and creation of an Account) and then maintaining the Customer Account and customer service related to the concluded contract.
3. The Customer's personal data may also be processed for the following purposes and on the following legal grounds:
- issuing an invoice and meeting other obligations resulting from the provisions of tax law - pursuant to art. 6 sec. 1 lit. c GDPR (obligation resulting from legal provisions);
- execution of payment transactions through the electronic payment operator - pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and / or perform the contract);
- consideration of complaints or claims - pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and / or perform the contract);
- establishing, investigating or defending against claims - pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
- telephone contact in matters related to the implementation of the service - pursuant to art. 6 sec. 1 lit. b GDPR (necessity to conclude and / or perform the contract);
- storing unpaid orders - pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
- creating registers and records related to the GDPR - pursuant to art. 6 sec. 1 lit. c) GDPR (obligation resulting from legal provisions) and art. 6 sec. 1 lit. f GDPR (legitimate interest of the administrator);
- archival and evidential, for the purposes of securing information that may be used to prove facts - pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the administrator);
- the use of cookies on the Store's website and subpages - pursuant to art. 6 sec. 1 lit. a) GDPR (consent);
- for direct marketing to the customer - pursuant to art. 6 sec. 1 lit. f GDPR (legitimate interest of the administrator).
4. Providing personal data is voluntary, but necessary for purposes related to the implementation of the contract and the implementation of the legitimate interests of the Administrator. Failure to do so will make the conclusion and performance of the Agreement impossible.
5. The Customer's personal data will be processed for the duration of the contract, as well as for the period of securing any claims in accordance with generally applicable legal provisions. Then they will be removed, unless he decides to use the Administrator's services and leaves them on a different basis and for the purpose indicated to him.
6. The Customer's personal data will be made available to other recipients of data, such as, for example, services providing IT system maintenance and hosting services, e-mail service provider, mailing service provider (newsletter) or system payments, law firm, subcontractors and contractors involved in the work of the online store, etc.
7. Due to the fact that the Administrator uses external providers of various services, e.g. Facebook and subsidiaries, Google, Microsoft, etc., Customer data may be transferred to the United States of America (USA) in connection with their storage on American servers (in full or partially). Google and Facebook use the compliance mechanisms provided for by the GDPR (e.g. certificates) or standard contractual clauses. They will only be transferred to recipients who guarantee the highest data protection and security. by:
- cooperation with entities processing personal data in countries for which a relevant decision of the European Commission has been issued,
- the use of standard contractual clauses issued by the European Commission (as is the case, for example, in the case of Google),
- application of binding corporate rules approved by the competent supervisory authority, or that for the transfer of personal data which the Customer has consented to.
8.The customer has the right to access their data, correct them, rectify them, delete or limit processing, the right to object to the processing, the right to transfer data, the right to request access to data, as well as the right to lodge a complaint to the supervisory body - the President The Personal Data Protection Office, if it considers that the processing of its data is inconsistent with the currently applicable data protection law. He also has the right to be forgotten if further processing is not provided for by the currently applicable law.
9. The customer also has the right to withdraw consent at any time, if he has provided his personal data on the basis of consent. Withdrawal of consent does not affect the processing of data which was made on the basis of consent before its withdrawal.
10. Customer data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the Customer.
11. In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
12. Detailed rules for the collection, processing and storage of personal data used to fulfill orders through the Store, and the cookie policy are described in the Privacy Policy, which can be found at: https://shop.bellacasa.co/pl/i/Polityka -prywatnosci-and-cookies-policy / 87


§16 EXTRAJUDICIAL METHODS OF SETTLING DISPUTES
AND CLAIMS BY THE CONSUMER

1. The seller agrees to submit any disputes arising in connection with
with concluded contracts for the delivery of the Product through mediation. Details will be determined by the parties to the conflict.
2. The consumer has the option of using extrajudicial means of dealing with complaints and redress. The consumer has the option of, inter alia, down:
- apply to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded contract,
- apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller,
- free use of the help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
3.More detailed information on extrajudicial methods of dealing with complaints and redress, the Consumer may search on the website http://www.uokik.gov.pl and at the offices and websites of poviat (municipal) consumer ombudsmen, social organizations, to whose statutory tasks include consumer protection or Provincial Inspectorates of the Trade Inspection.
4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
5. The case may be considered by the arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.


§17 FINAL PROVISIONS

1. Agreements concluded through the Online Store and the services provided are performed based on the provisions of Polish law.
2. The Seller reserves the right to amend the Regulations for important reasons, such as: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations, changes in technology. The new regulations come into force on the day of publication on the Seller's internet platform on the subpage: Regulations.
3. Agreements concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force on the date of the Agreement.
4. In the event that any provision of these Regulations turns out to be inconsistent with generally applicable law and violates the interests of consumers, the Seller declares the application of the indicated provision.
5. Settlement of any disputes between the Seller and the Customer who is a consumer within the meaning of art. 221 of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
6. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on consumer rights, the Act on the provision of electronic services, the Act on combating unfair competition, the Act on the protection of personal data and the General Regulation on the Protection of Personal Data. (GDPR).

Link to the privacy policy: https://shop.bellacasa.co/en_GB/i/Privacy-Policy/44

Link to these Regulations: https://shop.bellacasa.co/en_GB/i/Terms-and-Conditions/97

 

 

APPENDIX 1 - SPECIMEN COMPLAINT FORM IN THE CASE OF A CONSUMER

Place, date: …………………………….

Name and surname / company: …………………………….

Address: ……………………………….

E-mail: …………………………….

Phone number: …………………………….

Order number: …………………………….

Date of receipt of the order: …………………………….

[Seller's data: name, address]

__________________________________

__________________________________

Complaints about a Physical / Electronic Product

I hereby give notice that the purchased by me on ......................................... .............. Product ……………………………………………………… …………………………………… ………………… [product information] is defective.

The defect consists in …………………………………………………………………………………. …………………………………………………………………………………………………………………………………… …………. ……………………………………………………………………………………………………………………… …………………………………………………………………………………… .. [defect description].

The defect was found on ………………………………………………… ..

Due to the above, I request:

exchange of goods for a new one (Article 561 § 1 of the Civil Code)
repair of goods free of charge (Article 561 § 1 of the Civil Code)
a reduction in the price of the goods by the amount of PLN ........................., say: PLN ................................. (Article 560 § 1 of the Civil Code),
I withdraw from the contract (Article 560 § 1 of the Civil Code).
Bank account number for the return of funds: ………………………………………………………………………………………………………………… ………

Bank account holder: ……………………………… .. ………………………………….

Date: ____________________ Consumer's signature: __________________

 


APPENDIX 2 - SPECIMEN COMPLAINT FORM IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

Place, date: …………………………….

Name and surname / company: …………………………….

Company address: ……………………………….

NIP: ……………………………

E-mail: …………………………….

Phone number: …………………………….

Order number: …………………………….

Date of receipt of the order: …………………………….

[Seller's data: name, address]

__________________________________

__________________________________

Complaints about a physical / electronic Product purchased by an entrepreneur with consumer rights

I hereby give notice that the purchased by me on ......................................... .............. Product ……………………………………………………… …………………………………… ………………… [product information] is defective.

The defect consists in …………………………………………………………………………………. …………………………………………………………………………………………………………………………………… …………. ……………………………………………………………………………………………………………………… …………………………………………………………………………………… .. [defect description].

The defect was found on ………………………………………………… ..

Due to the above, I request:

exchange of goods for a new one (Article 561 § 1 of the Civil Code)
repair of goods free of charge (Article 561 § 1 of the Civil Code)
a reduction in the price of the goods by the amount of PLN ........................., say: PLN ................................. (Article 560 § 1 of the Civil Code),
I withdraw from the contract (Article 560 § 1 of the Civil Code).
Bank account number for the return of funds: ………………………………………………………………………………………………………………… ………

Bank account holder: ……………………………… .. ………………………………….

At the same time, I declare that the purchased Product (s), and thus the concluded sales contract, are directly related to my business activity, but they do not have a professional nature for me, resulting in particular from the subject of my business activity pursuant to the provisions of the Central Business Activity Records and Information, pursuant to Art. 38a of the Act on consumer rights.

As proof of this, I list below the PKD for my business activity located in CEIDG:

PKD NO. ………………

Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

Date signature: __________________

 

 


APPENDIX 3 - SPECIMEN FORM OF WITHDRAWING FROM THE CONTRACT IN THE CASE OF A CONSUMER

Place, date: …………………………….

Name and surname / company: …………………………….

Address: ……………………………….

E-mail: …………………………….

Phone number: …………………………….

Order number: …………………………….

Date of receipt of the order: …………………………….

[Seller's data: name, address]

__________________________________

__________________________________

Statement

on withdrawal from an off-premises contract

I hereby declare that I withdraw from the contract ............ ....................................... . no. ............................................ concluded on ... .............................................. concerning the following things ... …………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………… ..

I am asking for a refund of .................. PLN (say ......................... ...................................... zlotys) through:

postal order to the address
.................................................. ........................ ……………………… .. [fill in if applicable],

to the bank account number: ............................................ .................................................. ........ [fill in if applicable].

Date: _____________________ Consumer's signature: _____________

 



APPENDIX 4 - SPECIMEN FORM OF WITHDRAWING FROM THE CONTRACT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

Place, date: …………………………….

Name and surname / company: …………………………….

Company address: ……………………………….

NIP: ……………………………

E-mail: …………………………….

Phone number: …………………………….

Order number: …………………………….

Date of receipt of the order: …………………………….

[Seller's data: name, address]

__________________________________

__________________________________

Statement

on withdrawal from an off-premises contract in the case of an entrepreneur with consumer rights

I hereby declare that I withdraw from the contract ............ ....................................... . no. ............................................ concluded on ... .............................................. concerning the following things: …………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… ……

I am asking for a refund of .................. PLN (say ......................... ...................................... zlotys) through:

postal order to the address .............................................. ............................ .... [fill in if applicable]

to the bank account number: ............................................ .................................................. ........ [fill in if applicable],
At the same time, I declare that the purchased Product (s), and thus the concluded sales contract, are directly related to my business activity, but they do not have a professional nature for me, resulting in particular from the subject of my business activity pursuant to the provisions of the Central Business Activity Records and Information, pursuant to Art. 38a of the Act on consumer rights.

As proof of this, I list below the PKD for my business activity located in CEIDG:

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

PKD No. ……………………………
Description: ……………………………………………………………………

Date signature: _____________

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