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TERMS AND CONDITIONS

 

 

BOCCAHOME.PL

 

 

 

§ 1

INTRODUCTION

1.       The boccahome.pl store operates on the principles set out in these Regulations.

2.       The Regulations define the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the boccahome.pl Store, the rules for providing these services, the conditions for concluding and terminating contracts for the provision of electronic services.

3.       At the moment of taking steps to use the Electronic Services of the boccahome.pl Store, each Service User is obliged to comply with the provisions of these Regulations.

4.       In matters not covered in these Regulations, the following provisions shall apply:
4.1.    Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
4.2.    Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827),
4.3. Act on the out-of-court resolution of consumer disputes of September 23, 2016 (Journal of Laws of 2016, item 1823),
4.4. Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.

 

§ 2

DEFINITIONS INCLUDED IN THE REGULATIONS

1. REGISTRATION FORM - a form available on the boccahome.pl website enabling the creation of an Account.

2. ORDER FORM - a form available on the boccahome.pl website that allows placing an Order.

3. CUSTOMER - a Service Recipient who intends to conclude or concluded a Sales Agreement with the Seller.

4. CONSUMER - a natural person who performs with the entrepreneur a legal act not related directly to its business or professional activity.

5. ACCOUNT - a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password, in which the Service Recipient's data is collected, including information about orders placed.

6. NEWSLETTER - Electronic Service that allows the Service Recipient to subscribe to and receive to the email address provided by the Service Recipient free information from the Service Provider regarding Products available in the Store.

7. PRODUCT - a movable item or service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

8. TERMS AND CONDITIONS - these Regulations of the Store.

9. STORE - the Service Provider's online store at boccahome.pl.

10. SELLER, SERVICE PROVIDER - BOCCA LIMITED LIABILITY COMPANY, entered in the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register under the number KRS: 0000686626, NIP: 6793153315, REGON: 367817461, share capital 5000,00 PLN, place of business and delivery address: Plac Na Groblach 17/15, 31-101 Kraków, e-mail address: hello@boccahome.pl, phone number: +48 606478435.

11. SALE AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Store.

12. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Store.

13. SERVICE RECIPIENT - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.

14. ORDER - Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

 

§ 3

PRODUCT INFORMATION AND ORDERING

1. The boccahome.pl store conducts retail sales of Products via the Internet.

2. Products offered in the Store are new, free from physical and legal defects and have been legally introduced on the Polish market.

3. Information on the Store's websites does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to buy a specific Product under the conditions specified in its description.

4. The Product Price shown on the Store's website is given, depending on the language version, in Polish zloty (PLN), American dollars (USD) or euro (EUR) and includes all components, including VAT. The price does not include delivery costs.

5. The Product Price shown on the Store's website is binding upon placing the Order by the Customer. This price will not change regardless of price changes in the Store that may appear in relation to individual Products after the Customer has placed the Order.

6. Orders can be placed:

6.1 via the website using the Order Form (Store boccahome.pl) - 24 hours a day throughout the year,

6.2 via e-mail to the following address: hello@boccahome.pl.

7. In order to place an Order, the Customer is obliged to register an Account in the Store.

8. The condition of placing an Order in the Store by the Customer is to read the Regulations and accept its provisions when placing the Order.

9. The Store carries out Orders placed from Monday to Friday during the Store's business hours, i.e. from 9:00 to 17:00 on business days. Orders placed on business days after 17:00, on Saturdays, Sundays and holidays, will be processed the next business day.

10. Products in the promotion (sale) have a limited number of items and Orders will not be processed in the order in which they are received until the stock of a given Product runs out.

 

§ 4

CONCLUSION OF THE SALES CONTRACT

1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance by the methods provided by the Seller, in accordance with § 3 point 6 and 8 of the Regulations.

2. After placing the Order, the Seller shall immediately confirm its receipt.

3. Confirmation of acceptance of the Order for implementation shall bind the Customer with his Order. Confirmation of receipt and acceptance of the Order for execution is made by sending an e-mail.

4. Confirmation of acceptance of the Order for implementation includes:

4.1. confirmation of all relevant elements of the Order,

4.2. withdrawal form

4.3. these Regulations containing instructions on the right to withdraw from the contract.

5. As soon as the Customer receives the e-mail message referred to in item 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

6. Each Sale Agreement will be confirmed by a proof of purchase (VAT invoice), which will be sent to the Customer in electronic form to the e-mail address provided during Account registration, in accordance with the provisions of the Act on tax on goods and services.

 

 

§ 5

PAYMENT METHODS

1. The seller provides the following payment methods:

1.1. payment by traditional transfer to the Seller's bank account,

1.2. payment via electronic payment services (PayU.pl, PayPal, Przelewy24.pl).

2. In the case of payment by traditional transfer, the payment in PLN (polish zloty) should be made to the bank account number: PL94 1140 2004 0000 3202 5548 3090 (Bank mBank S.A.) Justyna Siebor, Lipnica 24, 36-123 Lipnica. The title of the transfer should include "Order No. ........";

3. In the case of payment via electronic payment services, the Customer shall pay before the start of the Order. Electronic payment services allow you to make payments by credit card or a quick transfer from selected Polish banks.

4. The Customer is obliged to pay the price under the Sales Agreement within 3 business days of its conclusion, unless the Sales Agreement provides otherwise.

5. The product will be sent only after payment.

 

§ 6

COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT

1. Product delivery costs are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.

2. The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier:

2.1. The time of completing the Product is 7 business days from the moment of accepting the Order for implementation by the Seller.

2.2. Product delivery takes place within the period declared by the carrier, i.e. from 5 to 40 business days from the moment the shipment is sent (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).

3. Products purchased in the Store are sent via courier.

4. The Customer may pick up the Product in person by prior arrangement by phone or email.

 

§ 7

PRODUCT COMPLAINT

1. Complaint under warranty.

1.1. The basis and scope of the Seller's liability to the Customer who is a Consumer, under the warranty covering physical and legal defects, are set out in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

1.2. Notifications of defects regarding the Product and submission of the relevant request may be made via e-mail to the following address: hello@boccahome.pl or in writing to the following address: Bocca home; Lipnica 24, Lipnica 36-123.

1.3. In the above message in written or electronic form, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and accelerate the complaint handling by the Seller.

1.4. For assessment of physical defects of the Product, it should be delivered to the following address: Bocca home; Lipnica 24, Lipnica 36-123.

1.5. The Seller will respond to the Customer's request immediately, no later than within 14 days from the receipt of the complaint.

1.6. In the case of a complaint by a Customer who is a Consumer - failure to consider the complaint within 14 days of its receipt by the Seller is tantamount to its consideration. In connection with a justified complaint from a Customer who is a Consumer, the Seller covers the costs of receipt, delivery and replacement of the Product free from defects.

1.7. The response to the complaint is forwarded to the Consumer on paper or other durable medium.

§ 8

RIGHT TO WITHDRAW FROM THE CONTRACT

1. Subject to point 10 of this paragraph, the Customer who is also a Consumer who has entered into a distance contract may withdraw from it without giving reasons by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send the statement of withdrawal from the contract provided by the Store.

2. In the event of withdrawal from the contract, the Sales Agreement is considered null and void, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, however not later than 14 days from the day on which he withdrawn from the contract, unless The seller offered to collect the product himself. To meet the deadline, it is sufficient to return the Product before its expiry.

3. In the event of withdrawal from the Sales Agreement, return the Product to the following address: Bocca home; Lipnica 24, Lipnica 36-123.

4. The consumer is liable for a 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 functioning of the Product.

5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return which is not related to him at no cost.

6. If the Consumer has chosen a method of Product delivery other than the cheapest regular delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.

7. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.

8. The consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of returning the Product to the Seller.

9. The fourteen-day period within which the Consumer may withdraw from the contract shall be counted from the day on which the Consumer took possession of the Product, and in the case of services from the date of conclusion of the contract.

10. The right to withdraw from a distance contract is not entitled to the Consumer in the case of a Sales Agreement:

10.1 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,

10.2 in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,

10.3 in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,

10.4 in which the subject of the service is a service (bringing in furniture configured by the Consumer), if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract.

11. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer (Consumer) in the event of the other party's failure to perform its obligations within a strictly defined period.

 

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

1. This paragraph contains provisions only for Customers who are not Consumers.

2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 business days of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and shall not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

3. The Seller has the right to limit the non-Consumer Customers payment methods provided by him, including requiring the prepayment of part or all of the sale price regardless of the method of payment chosen by the Customer and the fact of concluding the Sale Agreement.

4. The benefits and burdens associated with the Product and the risk of accidental loss or damage of the Product shall pass to the Customer who is not a Consumer at the time of the Product being released by the Seller to the carrier. In this case, the Seller shall not be liable for any loss, defect or damage of the Product arising from the moment the Product is accepted for transport until its delivery to the Customer, as well as for any delay in the shipment.

5. In the event of sending the Product to the Customer via the carrier, the Customer who is not a Consumer is obliged to examine the parcel in time and in the manner adopted for such shipments. If it finds that during transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.

6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer who is not a Consumer a notice of termination.

 

§ 10

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider allows via the Store to use Electronic Services such as:

1.1. concluding Product Sales Agreements,

1.2. keeping an Account in the Store,

1.3. Newsletter.

2. The provision of Electronic Services to Customers in the Store takes place under the conditions set out in the Regulations.

3. The Service Provider has the right to place advertising content on the Store's website. These contents are an integral part of the Store and the materials presented in it.

 

§ 11

CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

Provision of Electronic Services specified in § 10 point 1 of the Regulations by the Service Provider is free.

1. Period for which the contract is concluded:

1.1. the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.

1.2. the contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a definite period of time and terminates when the Order is placed or the Customer ceases to place it.

1.3. the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period.

2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:

2.1. computer (or mobile device) with internet access,

2.2. access to electronic mail,

2.3. Web browser,

2.4. enabling cookies and Javascript in the web browser.

3. The Service Recipient is obliged to use the Store in a manner consistent with the law and decency, while respecting personal rights and intellectual property rights of third parties.

4. The Service Recipient is obliged to enter data consistent with the facts.

5. The Service Recipient is prohibited from providing unlawful content.

 

§ 12

COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services through the Store may be submitted by the Customer via e-mail to the following address: hello@boccahome.pl.

2. In the e-mail above, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of complaints by the Service Provider.

3. Consideration of the complaint by the Service Provider shall take place immediately, not later than within 14 days from the date of notification.

4. The Service Provider's response to the complaint is sent to the Customer's e-mail address provided in the complaint application or in another manner provided by the Customer.

 

§ 13

CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Termination of the contract for the provision of Electronic Services:

1.1. The contract for the provision of Electronic Services of a continuous and indefinite nature (keeping the Account, Newsletter) may be terminated.

1.2. The Service Recipient may terminate the contract with immediate effect and without indicating the reasons by sending an appropriate statement via e-mail to the following address: hello@boccahome.pl.

1.3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when he provides unlawful content after an unsuccessful earlier call to stop the violations with an appropriate deadline. In this case, the contract expires after 7 days from the date of submission of the declaration of intent to terminate it (notice period).

1.4. Termination leads to the termination of the legal relationship with effect for the future.

2. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.

 

§ 14

INTELLECTUAL PROPERTY

1. All content posted on the website at boccahome.pl enjoy copyright protection and (subject to § 14 point 3 and elements posted by the Service Users, used under license, transfer of copyright or fair use) are the property of BOCCA LIMITED LIABILITY COMPANY , KRS: 0000686626, NIP: 6793153315, REGON: 367817461, Plac Na Groblach 17/15, 31-101 Kraków. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content on the boccahome.pl website, without the Service Provider's consent.

2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of the boccahome.pl website constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.

3. All trade names, Product names, company names and their logos used on the Store's website at boccahome.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store's website at boccahome.pl are used for informational purposes.

 

§ 15

FINAL PROVISIONS

1. Agreements concluded through the Store are concluded in accordance with Polish law.

2. In the event of any non-compliance of any part of the Regulations with applicable law, instead of the challenged provision of the Regulations, the relevant provisions of Polish law shall apply.

3. All disputes arising from Sales Agreements between the Store and Consumers will be settled first of all through negotiations, with the intention of resolving the dispute amicably, taking into account the Act on out-of-court resolution of consumer disputes. If, however, this would not be possible or would be unsatisfactory for either party, the disputes shall be resolved by a competent common court in accordance with item 4 of this paragraph.

4. Judicial settlement of disputes:

4.1. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer are submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).

4.2. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer shall be subject to the court having jurisdiction over the Service Provider's seat.

5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting after the complaint procedure an application to initiate mediation or an application for consideration of a case by an arbitration court (the application can be downloaded from the website http: //www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure is free.

6. In order to resolve the dispute amicably, the consumer may in particular lodge a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.

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