REGULATIONS OF THE ONLINE STORE
Conclusion of an agreement between Buyers and Sellers can happen in two ways.
Buyer has the right to negotiate all provisions of the contract with. before placing an order Sellers , including those amending the provisions of the regulations below. These negotiations should be conducted in writing and sent to the following address Seller ( Barbara Nowosadzka, Wiolinowa 13/16, 02-785 Warsaw ).
In case of resignation by Buyer with the possibility of concluding a contract through individual negotiations, the following regulations and applicable legal provisions apply.
- Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.
- Complaint address : Magdalena Nowosadzka, Wiolinowa 13/16, 02-785 Warszawa
- Delivery price list – a list of available delivery types and their costs located at belle.lu/dostawa.
- Contact details : Barbara Nowosadzka, Wiolinowa 13/16, 02-785 Warsaw, firstname.lastname@example.org, 602113401
- Delivery – type of transport service along with the carrier and cost listed in the delivery price list available at the address www.belle.lu/dostawa
- A proof of purchase – invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other relevant legal provisions.
- Product card – a single store subpage containing information about a single product.
- Client – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
- Civil Code – Civil Code Act of April 23, 1964, as amended.
- Code of good practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
- Consumer – an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to his or her business or professional activity.
- Basket – a list of products prepared from the products offered in the store based on the Buyer's choices.
- Buyer – both the Consumer and the Customer.
- Place of delivery of items – postal address or collection point indicated in the order by the Buyer.
- The moment of releasing things – the moment when the Buyer or a third party designated by him to collect the item takes possession of the item.
- ODR online platform – EU website operating on the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/o...
- payment – method of payment for the subject of the contract and delivery listed at www.belle.lu/platnosc, the entity providing online payment services is Blue Media SA Available payment methods: standard transfer, payment via PayPal, payment via payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
- Authorized entity – entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
- Consumer law – Consumer Rights Act of May 30, 2014.
- Product – the minimum and indivisible quantity of items that may be the subject of an order, and which is given in the Seller's store as a unit of measurement when determining its price (price/unit).
- Subject of the contract – products and delivery that are the subject of the contract.
- Subject of the benefit - subject of the contract.
- Pick-up point – place of delivery of the items, which is not a postal address, listed in the list provided by the Seller in the store.
- Register of the Office of Competition and Consumer Protection – register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/zdrowie_p...
- Thing – movable property that may be or is the subject of a contract.
- Store – website available at www.belle.lu, through which the Buyer can place an order.
- Seller : Belle Barbara Nowosadzka, Wiolinowa 13/16, 02-785 Warsaw, NIP 9511504195, REGON 012368624, registered and visible in the CEIDG register at: https://prod.ceidg.gov.pl/ceid...
- 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, commonly referred to as the Internet.
- Time limit for completion – the number of hours or working days given on the product card.
- Agreement – a contract concluded outside the business premises or remotely within the meaning of the Consumer Rights Act of May 30, 2014 in the case of Consumers and a sales contract within the meaning of Art. 535 of the Civil Code of April 23, 1964 in the case of Buyers.
- Defect – both a physical and legal defect.
- Physical defect – non-compliance of the sold item with the contract, in particular if the item:
- it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
- there are no properties that are known to exist Seller he assured consumer ,
- not suitable for the purpose mentioned Consumer informed Seller upon conclusion of the contract, a Seller he did not raise any objections to its intended use;
- she stayed Consumer issued incomplete;
- in the event of incorrect installation and commissioning, if these activities were performed by Seller or a third party for whom Seller is liable, or by A consumer who followed the instructions received from Seller ;
- it does not have the properties guaranteed by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity and the person who, by placing his name, trademark or other distinguishing mark on the item sold, presents himself as the manufacturer, unless The Seller did not know these assurances or, judging reasonably, could not have known them, or they could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before concluding the contract.
- Legal defect – a situation when the thing sold is the property of a third party or is encumbered with the rights of a third party, and if the limitation in the use or disposal of the thing results from a decision or judgment of a competent authority.
- Order – declaration of will Buyer submitted via store clearly specifying: type and quantity products ; type deliveries ; type payments ; place of delivery of the item , data Buyer and aiming directly at conclusion contracts between Buyers and Sellers .
§2 General conditions
- The contract is concluded in Polish, in accordance with Polish law and these regulations.
- Place of delivery of items must be located on the territory of the Republic of Poland.
- Seller is obliged and undertakes to provide services and deliver items free from defects .
- All prices provided by Seller are expressed in Polish currency and are gross prices (including VAT). Prices products do not include cost delivery , which is specified in delivery price list .
- All deadlines are calculated in accordance with Art. 111 Civil Code , i.e. a period specified in days ends on the expiry of the last day, and if the beginning of the period specified in days is a certain event, the day on which the event occurred is not taken into account when calculating the period.
- Confirmation, disclosure, recording and securing of all important provisions contracts to access this information in the future is as follows:
- confirmation orders by sending to the indicated e-mail address: an order, a pro forma invoice, information on the right to withdraw from the contract, these regulations in a PDF version, a sample withdrawal form in a PDF version, links to download the regulations and a template for withdrawal from the contract;
- attaching to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information on the right to withdraw from the contract, these regulations, sample withdrawal form.
- Seller informs about known guarantees granted by third parties for products available in the store.
- Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication.
- Seller ensure To the buyer users of the system, the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the www.belle.lu store, they should all be disabled.
- Buyer may use the option for the store to remember his/her data in order to facilitate the process of placing another order. For this purpose Buyer should provide the login and password necessary to access their account. The login and password are a sequence of characters set by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. Buyer has the ability to view, correct, update data and delete the account in the store at any time.
- Seller applies to code of good practice .
- Buyer is obliged to:
- not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
- use the store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information in the store (spam),
- use the store in a way that does not inconvenience others Buyers and for Seller ,
- use all content posted in the store only for your own personal use,
- use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.
§3 Conclusion of the contract and implementation
- Orders can be submitted 24 hours a day.
- In order to submit orders Buyer should perform at least the following actions, some of which may be repeated many times:
- adding to product basket ;
- type selection deliveries ;
- type selection payments ;
- choice place of delivery of goods ;
- submission in shop orders by using the " Buy and pay " button.
- Conclusion contracts With Consumer occurs upon submission orders .
- Implementation orders Consumer cash on delivery is made immediately, a orders paid by transfer or via the electronic payment system after the payment has been received Consumer on account Seller , which should take place within 30 days of submission orders unless Consumer he was unable to fulfill the benefit due to no fault of his own and informed about it Seller .
- Conclusion contracts With Customer occurs upon acceptance orders By the Seller , of which he informs Customer within 48 hours of submission orders .
- Implementation orders Customer payable on delivery takes place immediately after conclusion contracts , a orders payable by transfer or via an electronic payment system after conclusion contracts and recording the payment Customer on account Seller . When paying by card, the order processing time is indicated from the moment of obtaining positive authorization.
- Implementation orders Customer may depend on payment of all or part of the value orders or obtaining a trade credit limit of at least the value orders or consent Seller to send orders cash on delivery (paid on delivery).
- Sending subject of the contract takes place on the date specified on card product , and for orders composed of many products within the longest period specified for cards products . The time limit starts from the moment of implementation orders .
- Purchased subject of the contract is along with chosen by Buyer's sales document sent by selected by Buyer kind delivery to indicated by Buyer In ordering the place of delivery of the goods , together with the attached attachments referred to in §2 point 6b.
§4 Right to withdraw from the contract
- The consumer is entitled pursuant to Art. 27 Consumer law the right to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 Consumer law .
- The deadline for withdrawing from a distance contract is 14 days from the date of delivery of the goods , and to meet the deadline, it is enough to send a statement before its expiry.
- The Consumer may submit a declaration of withdrawal from the contract on the form, the template of which is attached as Annex 2 to the Consumer Law, by e-mail or in another form consistent with the Consumer Law.
- Seller will confirm immediately Consumer to the e-mail address (provided at the time of conclusion of the contract). contracts and other if provided in the submitted declaration) receipt of a declaration of withdrawal from the contract.
- In the event of withdrawal from the contract, the contract is considered null and void.
- Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
- Consumer returns the items that are the subject of the contract from which he withdrew at his own expense.
- Consumer does not bear the costs of providing digital content that is not recorded on a tangible medium if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur did not provide confirmation in accordance with Art. 15 section 1 and art. 21 section 1. Consumer law.
- Consumer is liable for reducing the value of the item that is the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- Seller immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, will refund to the Consumer all payments made by him, including the costs of delivering the goods to the Consumer, and if Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller will not refund the additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him. In case of occurrence
the need to refund funds for a transaction made by the customer with a payment card, the seller will refund the money to the bank account assigned to the Ordering Party's payment card.
- Seller may withhold the refund of the payment received from the Consumer until it receives the item back or until the Consumer provides proof of sending it back, depending on which event occurs first.
- Consumer in accordance with Article 38 Consumer law there is no right to withdraw from the contract:
- in which the price or remuneration depends on fluctuations in the financial market over which it is controlled Seller does not exercise control, and which may occur before the deadline to withdraw from the contract;
- wherein subject of the service it is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet his individual needs;
- wherein subject of the service it is an item that deteriorates quickly or has a short shelf life;
- wherein subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
- wherein subject of the service there are items that, after delivery, due to their nature, become inseparably combined with other items;
- wherein subject of the service are sound or visual recordings or computer programs delivered in a sealed package if the package was opened after delivery;
- for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with express consent Consumer before the deadline for withdrawal from the contract expires and after the entrepreneur informs him about the loss of the right to withdraw from the contract;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
- Seller pursuant to Art. 558§1 of the Civil Code completely excludes liability towards customers for physical and legal defects (warranty).
- Seller is liable to Consumer on the terms specified in Art. 556 Civil Code and subsequent for defects (warranty).
- In the case of a contract with a Consumer, if a physical defect is detected within one year from the date of delivery of the item, it is assumed that it existed at the time of transfer of the danger to the Consumer.
- Consumer if the sold item has defect , maybe:
- submit a declaration requesting a price reduction;
- submit a declaration of withdrawal from the contract;
unless Seller promptly and without undue inconvenience to Consumer will replace the defective item with a defect-free one or remove the defect. However, if the item has already been replaced or repaired by Seller or Seller has not fulfilled the obligation to replace the item with a defect-free one or to remove the defect, he is not entitled to have the item replaced or the defect removed.
- The Consumer may, instead of removing the defect proposed by the Seller, request replacement of the item with a defect-free one or instead of replacing the item, request removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. , however, when assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the Consumer would be exposed to another method of satisfaction are taken into account.
- The consumer cannot withdraw from the contract if the defect is minor.
- Consumer if the sold item has a defect, it may also:
- demand that the item be replaced with a defect-free one;
- demand removal of the defect.
- The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
- Seller may refuse to satisfy the request Consumer , if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible way of bringing the defective item into compliance with the contract.
- If the defective item has been installed, the Consumer may demand that the Seller dismantle and reinstall it after replacing it with a defect-free one or removing the defect, but he or she is obliged to bear part of the related costs exceeding the price of the item sold or may demand that the Seller pay part of the costs. disassembly and reassembly, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
- The consumer who exercises warranty rights is obliged to pay the costs Seller deliver the defective item to complaint address, and if due to the type of thing or the way it is installed, delivery of the thing by Consumer would be excessively difficult, Consumer is obliged to make the item available To the seller in the place where the thing is located. In the event of failure to fulfill the obligation by Seller Consumer is authorized to return the goods at his expense and risk Seller .
- The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
- The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawing from the contract.
- Seller within fourteen days will respond to those based on Art. 5615 Civil Code : declarations requesting a price reduction, requesting the replacement of items with defect-free ones, requesting the removal of the defect. Seller within thirty days (Article 7a consumer law ) will respond to any other statement A consumer who does not apply to the specified in Civil Code period of fourteen days.
Otherwise, it is deemed that the declaration or request is justified Consumer .
- Seller is liable under the warranty if a physical defect is discovered before the expiry of two years since its release things To the consumer , and if the subject of the sale is a used item before the expiry of the year since its release things Consumer .
- Claim Consumer for removal of a defect or replacement of the sold item with a defect-free one expires after one year, counting from the date of detection of the defect, but not earlier than before the expiry of two years since its release things To the consumer , and if the subject of the sale is a used item before the expiry of the year since its release things Consumer .
- Where specified by Seller or manufacturer, the shelf life of the item ends after two years from the moment the item is delivered to the Consumer , Seller is liable under the warranty for physical defects of the item discovered before the expiry of this period.
- On the dates specified in §5 points 15-17 Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if so Consumer demanded that the item be replaced with a defect-free one or that the defect be removed, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins upon the ineffective expiry of the deadline for replacing the item or removing the defect.
- In the event of an investigation before a court or arbitration court of one of the warranty rights, the time limit for exercising other rights Consumer on this account, shall be suspended until the final conclusion of the proceedings. The deadline for exercising other warranty rights also applies accordingly to mediation proceedings Consumer , begins to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective termination of the mediation.
- To exercise rights under the warranty for legal defects sold item, §5 points 15-16 apply, except that the period starts from the day on which Consumer learned about the existence of a defect, and if so Consumer learned about the existence of the defect only as a result of an action brought by a third party - from the date on which the judgment issued in the dispute with the third party became final.
- If due to a defect of the item Consumer has made a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered as a result of concluding the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which Seller is not liable and, in particular, may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the items, reimbursement of expenses incurred to the extent that he did not benefit from them and did not receive them from a third party, and reimbursement of the costs of the proceedings . This does not prejudice the provisions on the obligation to repair damage on general principles.
- The expiry of any deadline for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
- Seller as long as he is obliged to provide or provide financial services to Consumer will perform them without undue delay, no later than the deadline provided for by law.
- The administrator of the databases of personal data provided by the store's consumers is Seller .
- Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Act on the Provision of Electronic Services of July 18, 2002. Buyer by providing your personal data when placing an order To the seller consents to their processing by Seller in order to complete the placed order. Buyer has the opportunity to view, correct, update and delete his personal data at any time.
§7 Final provisions
- None of the provisions of these regulations are intended to infringe any rights Buyer . It cannot also be interpreted in this way, because in the event of any part of the regulations being inconsistent with applicable law, Seller declares absolute compliance with and application of this right in place of the challenged provision of the regulations.
- Registered about changes to the regulations and their scope Buyer They will be notified electronically (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations enter into force. Changes will be introduced in order to adapt the regulations to the applicable legal status.
- The current version of the regulations is always available to Buyer in the regulations tab ( www.belle.lu/regulamin ). During the execution of the order and throughout the entire after-sales care period Buyer the regulations accepted by him when placing the order apply. Except when Consumer finds it less favorable than the current one and will inform you Seller about choosing the current one as binding.
- In matters not regulated by these regulations, the relevant legal provisions in force shall apply. Disputed issues if Consumer expresses such will, shall be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection. Consumer may also use equivalent and lawful methods of pre-judicial or out-of-court dispute resolution, e.g. ODR online platform or by making any choice authorized entity among those in the register of the Office of Competition and Consumer Protection. Seller declares the intention and consent to out-of-court resolution of the consumer dispute.
Ultimately, the matter is resolved by the court with local and material jurisdiction.
Version 13.3 ( Warsaw, January 10, 2017 )