Regulations - Bewayuu

Rules & Regulations of the Online Shop

Introduction

The online shop is available at https://bewayuu.pl/ (hereinafter referred to as „Online shop”) run by Karol Cwiklinski conducting the business activity under the company name of Bonsai Consulting Karol Cwiklinski registerred at the following address: ul. Toruńska 44B, 86—200 Chełmno; NIP (Tax Identification Number) 8751449041, REGON (National Business Registry Number) 340275535

Seller’s contact details:

– e-mail adress: sklep@bewayuu.pl,

– phone no.: +48 600 887 558 or +48 500 077 537 (in weekdays from 8am to 4pm)

The present document (treated as rules and regulations within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means), hereinafter referred to as „Online Shop Regulations”, defines kinds and range of provided services supplied electronically through the Online Shop, the rules of concluding sales contracts through the Online Shop, the rules of performing sales contracts, customers’ and seller’s rights & duties and the terms of withdrawal from a contract and complaints procedure.

I. The definitions

Online shop – is available at https://bewayuu.pl/
Seller – Karol Cwiklinski conducting the business activity under the company name of Bonsai Consulting Karol Ćwikliński registerred at ul. Toruńska 44B, 86—200 Chełmno; NIP (Tax Identification Number) 8751449041, REGON (National Business Registry Number) 340275535.
Customer – natural or legal person or business unit without legal personality with legal capacity admitted by the law to conclude a sales contract with the Seller.
Consumer – natural person performing legal transaction with the Seller which is not directly associated with his business activity or occupational activity.
Service – electronic services provided by the Seller by the Online shop.
Sales contract – distance contract referring to a purchase of goods which is the matter of a contract concluded between the Customer and the Seller by the Online shop.
Goods – movable items purchased by the Customer via the Online Shop.
Customer’s account – customer personal information in the Seller’s database which includes address and purchase history.
Order form – a form available in the Online Shop which is filled in to place an order.
Registration form – a form available in the Online Shop which is filled in to create a customer’s account.
Newsletter – a subscription service to receive free information about Seller’s goods and offers via emails.
Working day – a weekday (from Monday to Friday) excluding bank holidays.

II. General provisions

The Seller is obliged to provide services for the Customer in service operations and on terms defined in the rules & regulations of the Online Shop.
The Customer is obliged to purchase via the Online Shop according to legal regulations & principles of community life.
The Customer used the Seller’s services is obliged to respect the present shop regulations.
The Seller respects rules of personal data protection according to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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).
The customer agrees to retain, keep & process personal data by the Seller to finalize ordered service. All detailed conditions with regard to keeping, processing & protection of personal data by the Seller is defined through „Privacy policy” of the Online Shop.
In the case of goods covered by manufacturer’s warranty, the possibility of exercising a right by the customer is not excluded or restricted.
Goods available in the Online Shop are new and free from physical and legal defects.
Goods have been legally placed on the Polish market. Information about goods available in the Online Shop encourages to make a sales contract within the meaning of the article 71 of the Civil Code of 23 April 1964.
The prices of goods in the Online Shop ar in Polish zloty (PLN) or in Euro (EUR) and contain VAT, custom duty and other charges.
The Seller reserves the right to change prices of goods available on the online store website, as well as to implement new goods, implement and cancell promotions or make changes in current ones.

III. Services and general terms of provided services

1.The Seller provides the following services by electronic means through the Online Shop:

a) access to order forms filled in to make sales agreements,

b) registration and using customer’s account

c) providing information about promotions and goods to customers in „Newsletter”.

2. The services described in the point 1. remain uncharged.

3. Service agreement in the way of an order form is placed with a customer since it has been filled in and it is terminated at the time of withdrawal from filling in the order form or in the moment of sending completed Seller’s form.

4. Service agreement in the way of access to registration and using customer’s account is placed with with a customer for undefined period since the registration has been successfully done on the online shop website.

5. Newsletter service agreement is concluded for undefined period since the moment of registration in the newsletter service available on the online shop webside.

6. Customer’s account („registration”) can be created by completing a registration form available at https://bewayuu.pl/.

7. Possessing customer’s account is not necessary to place an order for goods available in the Online Shop.

8. Technical requirements essential to make use of services provided by the Seller:

a). the computer or mobile device with internet accesss,

b). web browser allows Internet cookies

c). access to electronic mail

9. The customer is charged for internet access and data communication as per website provider’s fees chart.

IV. Sales contract

The Seller enables to place the order by completing the order form which is available around the clock in the online shop or by sending email to the Seller.
Before placing the order in the Online Shop, the customer takes choice regarding quantity or features of items. Afterwards the customer adds goods to the online basket and completes the order form by providing all information necessary to fulfil the order by the Seller.
The customer provides all details regarding ordered goods and as well as personal details especially delivery address and contact details (phone numer or email address).
When the order is placed, the Seller sends e-mail to the customer with the order confirmation. The sales agreement is concluded from the moment of receiving the E-mail from the Seller.
Emaill message confirming the order contains the terms of the sales agreement and especially quantity and kind of goods, total price with delivery costs and discounts (if granted).

V. Order time and delivery

The goods are sent by the Seller in such order as order forms have been placed (including point VI, subpoint 3-4 of the present regulations).
The order time contains preparation, completing, packing and sending goods by the Seller. The order time takes aproximatelly 2 working days.
The order time excludes the time of delivery and depends on carrier chosen by the customer.
Orders are passed on to a carrier only on working days.
When the shipment is delivered, the customer is obliged to check a packaging and its contents. In the case of damages or other abnormalities, the customer should draw up a statement of damage in the presence of the carrier and inform the Seller.

VI. Payment methods

The Seller enables the following payment methods:

a). advance via online payment through Przelewy24 service which is run by PayPro SA ul. Kanclerska 15, 60-327 Poznań, as per the regulations of Przelewy24 (https.//www.przelewy24.pl/regulamin);

b). advance via online payment through Paypal service which is run by PayPal (Europe) S.A r.l et Cie S.C.A., 22-24 Boulevard Royal L-2449, Luxemburg (as per the regulations of this service)

c). prepayment by bank transfer into the Seller’s account 42 1090 2835 0000 0001 3743 2178,

d). cash on delivery – the cash is collected by delivery agent at the time of delivery,

2. The customer is obliged to make the payment no later than within 7 working days from the date of the agreement.

3. The Seller fulfills an order after the payment has been posted on Seller’s account or in the moment of getting confirmation from the online payment provider that the payment has been successfully made.

4. In the event of cash on delivery, the Seller proceeds to fulfillment of a contract after an order has been confirmed.

VII. Warranty for defects of goods

As per the article 556 of the Civil Code of 23 April 1964, the Seller takes responsibility for physical or legal defects of goods. The Seller is exempt from such liability whereas the customer knows about defects while closing of a contract.
The Seller covers delivery costs in compensation for defected goods.
The warranty period for unused goods expires after 2 years from the day of delivery and for used goods after 1 year. Within this time the Seller is responsible for all occuring defects.
In the case of defective goods, the customer is required to send written notice of defect to the Seller’s e-mail address (sklep@bewayuu.pl) or completed claim form which is attached in the Rules & Regulations (attachment no.2).
If a product is defected, the customer can claim the right to reduce the price or to contract out, unless the Seller, immediatelly and without inconveniences, exchanges the product into the other one free from defects or removes the defect. This is not applicable if the product has already been exchanged or fixed by the Seller.
The customer has right to choose how to solve the problem with a claim: exchange the product instead of removing the defect offered by the Seller or inversely unless leading the product to the state as per the sales agreement is impossible or requires excessive costs in comparison to the way offered by the Seller.
The customer has no right to withdraw from the contract if the defect is insubstantial.
If evaluation of defected product is essential, it is required to be sent back to the company address: BeWayuu, ul. Toruńska 44B, 86-200 Chełmno.
The Seller replies to the customer complaint within 14 calendar day from the date of receipt. If the complaint is not considered within this period of time, it is automatically approved.
The Seller covers delivery costs, repair costs or costs of exchange of a product into the new one.

VIII. Odstąpienie od umowy sprzedaży

The customer as the consumer, as per the article 27 of the Civil Code of 30 May 2014 on consumer rights, may withdraw from the distance contract without giving any reason.
Withdrawal from a contract may occur within 14 days since the customer or third-party beneficiary (other than a delivery agent) indicated by the customer has come into possession of the product.
The customer may withdraw from the contract by lodging a written statement (attachment no. 1 in the present regulations) which is required to be sent online or by post to the Seller’s address.
The written statement is accepted only if sent before the expiry of the term described in the point 2.
The Seller is required to confirm receiving the written statement immediately.
The Seller is obliged to give back all payments (including shipment costs) to the customer no later than within a term of 14 calendar days from the date of receipt of the written statement by the Seller. The Seller refunds payment using the same payment method as the customer, unless the customer gives consent to a different means of payment, which will not involve any additional costs for the customer.
If the Seller doesn’t offer to collect the product from the customer, he can withhold the reimbursement untill he receives all the goods back or the customer has supplied the evidence that the goods have been sent back, it depends which circumstance occurs first.
If the customer chooses other method of shipment that the cheapest one offered by the Seller, then the Seller is not committed to reimburse all additional costs incurred by the customer.
The customer must send the product back to the Seller or to the person authorized by the Seller immediately, but no later than within 14 calendar days from the date of withdrawal from the agreement, unless the Seller has offered to collect the goods from the customer.
The customer bears only direct delivery costs for the returned goods.
The goods are required to be sent to the following address: BeWayuu, ul. Toruńska 44B, 86-200 Chełmno.
In the case of withdrawal from the agreement, the customer only takes responsibility for reduced price of goods caused by exploiting the product in the way which exceeds essential use and changes its original features and functionality.
The right to the withdrawal from the contract is not applicable for the customer in relations to agreements described in the art. 38 of the Civil Code of 30 May 2014 on consumer rights incl. the contract for non- prefabricated product which is produced as per specification of the consumer or which meets her/his individual needs or the contract for the product delivered in the sealed packaging which cannot be sent back after unpacking due to health protection or due to the issue of hygiene if the packaging is open after delivery.

IX. Withdrawal from the contract for services supplied by electronic means

and complaints procedure.

The customer which is also the consumer has right to withdraw from the contract for services supplied by electronic means within 14 calendar days from the date of the agreement.
Withdrawal from the contract may be done by sending written statement to the email address of the online shop (sklep@bewayuu.pl) or by post to the Seller’s address (BeWayuu, ul. Toruńska 44B, 86-200 Chełmno). Withdrawal can be lodged as the filled in form (the blank form no.1 in the present agreement).
In the event of contracts for services supplied by electronic means which are for indefinite period, the customer has rights to withdraw from the contract. The customer can terminate the contract forthwith without giving any reason and by sending a statement of renunciation to the e-mail address: sklep@bewayuu.pl.
The Seller reserves the right to withdrawal from the contract for services supplied by electronic means for indefinite period of time with the 14-day notice of contract if the customer violates any of of the following rules and regulations.
In the event of non-fulfilment or inadequate fulfilment of services provided by the Seller via the Online Shop. The customer is eligible to place the customer complaint by e-mail to the address of sklep@bewayuu.pl.
Correctly placed customer complaint should contain: customer’s details (first name or company name, last name, place of residence or business address and e-mail address), subject of a claim, defined a period of time regarding the claim and circumstances stating reasons of placing the complaint.
The customer complaint is considered by the Seller within 14 calendar days from the date of receiving the complaint.

X. Provisions regarding traders

Provisions of the present article refer only to customers who are not consumers (art. 22 §1 of the Civil Code).
The Seller reserves the right to the withdrawal from the sales contract as long as the goods have not been passed on to the customer, to the third party on behalf of the customer or to the carrier carrying out delivery to the customer. Withdrawal from the contract by the Seller should not raise any claims on customer’s part towards the Seller.
The Seller reserves the right to the limitation of payment methods available on the online shop webside. The Seller reserves the right to demand partial or full prepayment regardless of the payment method chosed by the customer.
On the basis of the article 558 of the Civil Code, in the case of selling goods to the customer who is not the consumer, Seller’s responsibility for warranty is not applicable.
On the basis of the article 548 §1 of the Civil Code, benefits and liabilities regarding the goods and a risk of accidental loss or damage devolve upon the customer from the moment of forwarding the goods to the customer, third party on behalf of the customer or to the carrier.
The Seller’s responsibility towards the customer is limited only to actual damages incurred by the customer due to inadequate fulfilment of the contract by the Seller, whereby the Seller bears responsibility for a damage which amounts to no more than total value of the order placed by the customer.

XI. Responsibility

The Seller doesn’t take any responsibility for incorrect details send by the customer (in particular incorrect details put in forms available on the website) or for customer’s activity which interrupts or precludes the Seller from providing and fulfilling services.
The Seller doesn’t take any responsibility for effects of using the online shop by the customer in the way inconsistent to provisions of the rules and regulations, mandatory legal provisions and ruling principles of community life or practices.
The Seller reserves the right to suspension or closing individual functionalities of the online shop due to maintenance service, servicing or extension of the technical basis or software. Suspension or closing individual functionalities of the online shop cannot violate the customer’s rights.

XII. Authors’ rights

All content placed on the online shop website (including graphics, text, page layouts and logotypes) benefit from the protection destined for authors’ rights and are exclusive property of the Seller. Using these content without written permision of the Seller results in civil or criminal liability.

XIII. Final provisions

The Seller reserves the right to change the present rules & regulations. The Seller informs about the change of the rules & regulations on the online shop webside at least 14 calendar days before it goes into effect. The change of provisions of the present rules & regulations doesn’t apply to clients placing an order while the previous version of the rules & regulasions has entered into force. The change of the rules & regulations during permanent agreement is binding towards the other party if requirements defined in the art. 384 have been kept and the agreement hasn’t been terminated within 14 calendar days by the such party.
All matters not settled in the present rules & regulations shall apply to the provisions of the Polish Civil Code.
The customer has the right to use extrajudicial ways to handle complaints and assertions of claims resulting from placing orders in the online shop. In particular, in the case of feud over proprietary interests refering to sales & service contracts, putting forward to examinate a case by Permanent Consumer Arbitration Court operating with the Voivodship Trade Inspectorate in Bydgoszcz; applying to the Voivodship Trade Inspector in Bydgoszcz to make steps to extrajudicial settlement of dispute as per the article of 23 September 2016 on out-of-court settlement of consumer disputes (Dz.U. z 2016r., poz.1823; https://www.wiih.com.pl/).
Regardless of the article 3, the customer may appeal to metropolitan (district) consumer right adviser for help. All necessary information are available on the Office of Competition and Consumer Protection’s website at the following address: www.uokik.gov.pl.
The customer who is also a consumer has the opportunity to use electronic method of dealing with complaints via Online Dispute Resolution – ODR available at the website http://ec.europa.eu/consumers/odr/.
Disputes arising as a result of provided services based on the present rules & regulations are submitted for settling to:

6a). the court of general jurisdiction as per customer’s decision according to the provisions of the Polish law, if the customer is a consumer.
6b). the court of general jurisdiction as per the seat of the Seller, if the customer is not a consumer.

Attachments of the present rules $ regulations are its integral parts.
The rules & regulations come into force on 14.10.2019.