Regulations of the Bebe Concept online store
defining, among others, rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and Consumer rights
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Fulfillment orders
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Template of the contract withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday, except public holidays in Poland.Civil Code - Polish Act of April 23, 1964, Civil Code.
Consumer - Buyer who is a natural person, purchasing in the Store or undertaking activities aimed at making a purchase, without direct connection with his business or professional activity.
Account - a digital service regulated by separate regulations within the meaning of the Consumer Rights Act, thanks to which the Buyer can use additional functions in the Store free of charge.
Buyer - any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer - a Consumer or a privileged Entrepreneur.
Entrepreneur privileged - Buyer who is a natural person, concluding or intending to conclude an agreement with the Seller on the basis of the Regulations, directly related to his business activity, but not of a professional nature for him.
Collection point - point located at Kłopot 4, 01-066 Warsaw.
Regulations - these regulations.
Store - Bebe Concept online store run by the Seller at https://www.bebeconcept.pl.
Seller – BEBE CONCEPT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Kłopot 4/U.2.1., 01-066 Warsaw, entered into the National Court Register - register of entrepreneurs by the District Court for the Capital City of Warsaw. WARSAW IN WARSAW, 13th COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER, KRS number 0000943561, NIP 5272985225, REGON number 52096141200000, share capital PLN 2419700.00.
Digital content - data produced and delivered in digital form.
Consumer Rights Act - Polish Act of May 30, 2014 on consumer rights.
The provisions of the Regulations regarding products apply to both movable items (goods) and Digital Content.
§ 2 CONTACT THE SELLER
- Postal address: ul. Kłopot 4/U.2.1., 01-066 Warszawa
- E-mail address: kontakt@bebeconcept.pl
- Phone: 690 687 300
- Address for returning goods (in case of withdrawal from the contract): Trenów 55, 05-080 Laski
- Address for sending the complained goods: Trenów 55, 05-080 Laski
- The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or Internet service provider whose services are used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or Internet service provider used by the Buyer.
§ 3 TECHNICAL REQUIREMENTS
- For the proper functioning of the Store, you need:
- device with Internet access
- web browser that supports JavaScript and cookies.
- To place an order in the Store, in addition to the requirements specified in section 1, an active email account is required.
§ 4 SHOPPING IN THE STORE
- Product prices visible in the Store are total prices for the product.
- The Seller points out that the total price of the order includes the price for the product indicated in the Store and, if applicable, the costs of delivery of the goods.
- The product selected for purchase should be added to the cart in the Store.
- The Buyer then selects the method of delivery of the goods and the payment method for the order from among the options available in the Store, and provides the data necessary to complete the order.
- The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
- Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
- The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing his/her data with each order.
§ 5 PAYMENTS
- The following payment methods are available in the Store:
- standard transfer to the Seller's bank account;
- using a payment card:
- Visa
- Visa Electron
- MasterCard
- MasterCard Electronic
- Maestro
- via the payment platform:
- Przelewy24
- TPay.com
- cash on delivery, i.e. by card or cash upon delivery of the goods to the Buyer;
- If the Buyer chooses payment in advance, the order must be paid within 3 Business Days of placing the order.
- When making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
§ 6 ORDER EXECUTION
- The order processing time is 3 business days.
- If the Buyer has chosen to pay for the order in advance, the Seller will proceed to process the order after payment.
- Countries in whose territory the delivery takes place:
- Poland
- Germany
- Austria
- Belgium
- Czech Republic
- Estonia
- Netherlands
- Lithuania
- Latvia
- Luxembourg
- Slovakia
- Slovenia
- Hungary
- Bulgaria
- Croatia
- Cyprus
- Denmark
- Finland
- France
- Greece
- Spain
- Ireland
- Portugal
- Romania
- Sweden
- Italy
- The following delivery methods are available in the Store:
- via a courier company;
- electronically, to the e-mail address provided by the Buyer when placing the order - in the case of Digital Content.
- The Buyer may collect the goods in person at the Collection Point during its opening hours.
- If the Buyer chooses personal collection, the goods will be ready for collection within the indicated order completion date.
§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT
- The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
- The deadline for withdrawal from the contract expires after 14 days from:
- in which the Privileged Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods;
- in which the Privileged Buyer came into possession of the last goods, lot or part or in which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last goods, lot or part, in the case of a contract obliging to transfer ownership of several goods which are delivered separately, in lots or in parts;
- concluding a contract - in the case of a contract for the supply of Digital Content.
- In order for the Privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail).
- The privileged buyer may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
- In order to meet the deadline for withdrawal from the contract, it is enough for the Privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT - In the event of withdrawal from the concluded contract, the Seller shall return to the Privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Privileged Buyer's decision to exercise the right to withdraw from the contract.
- The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution, in any case the Privileged Buyer will not incur any fees in connection with this refund.
- If the Seller has not offered to collect the goods from the privileged Buyer himself, he may withhold the refund until he receives the goods or until he is provided with proof of sending them back, depending on which event occurs first.
- The Seller requests that the goods be returned to the following address: Trenów 55, 05-080 Laski immediately, and in any case no later than 14 days from the date on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the goods before the expiry of the 14-day period.
- The privileged buyer bears the direct costs of returning the goods.
- The privileged buyer is only liable for any reduction in the value of the goods resulting from using them in a manner other than what was necessary to establish the nature, characteristics and functioning of the goods.
- If the goods cannot be returned by regular post due to their nature, the Preferred Buyer will also have to bear the direct costs of returning the goods. The Seller will inform the Privileged Buyer about the estimated amount of these costs in the description of the goods in the Store or when placing the order.
- If there is a need to refund funds for a transaction made by the Buyer with a privileged payment card, the Seller will make the refund to the bank account assigned to this payment card.
§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
- The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to the contract:
- in which the subject of the service is non-prefabricated goods, manufactured according to the specifications of the privileged Buyer or serving to meet his individual needs;
- in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
- in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
- in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things;
- in which the 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 delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract;
- for the delivery of Digital Content for which the Privileged Buyer is obliged to pay the price if all of the following conditions are met:
- The Seller commenced the performance with the express and prior consent of the Privileged Buyer;
- The privileged Buyer was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract and has acknowledged this;
- The Seller provided the privileged Buyer with a lawful confirmation of concluding a distance contract, including information about the above. consent, on a durable medium within a reasonable time after the conclusion of the contract, at the latest before the commencement of the performance.
§ 9 COMPLAINTS
AND GENERAL PROVISIONS
- The Seller is liable to the Privileged Buyer for the compliance of the performance with the contract provided for by generally applicable law, in particular the provisions of the Consumer Rights Act.
- The Seller asks to submit complaints (including those regarding the operation of the Store) to the postal or electronic address indicated in § 2 of the Regulations.
- If a warranty has been granted for the product, information about it and its conditions is available in the Store.
- The Seller will respond to the complaint within 14 days from the date of its receipt.
II PRIVILEGE BUYERS
- Goods
- In the event of non-compliance of the goods with the contract, the Privileged Buyer may exercise the rights specified in Chapter 5a of the Act on Consumer Rights.
- The Seller is liable for the lack of conformity of the goods with the contract, existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer.
- Pursuant to the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the Privileged Buyer may demand:
- exchange of goods,
- repair of goods.
- Additionally, the Privileged Buyer may submit a declaration about:
- price reduction,
- withdrawal from the contract
- The Seller refused to bring the goods into compliance with the contract in accordance with Art. 43d section 2 of the Consumer Rights Act;
- The Seller failed to bring the goods into compliance with the contract in accordance with Art. 43d section 4-6 of the Consumer Rights Act;
- lack of compliance of the goods with the contract continues, even though the Seller has tried to bring the goods into compliance with the contract;
- the lack of conformity of the goods with the contract is so important that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in Art. 43d of the Consumer Rights Act;
- It is clear from the Seller's representation or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
- In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the preferred Buyer at his own expense.
- The privileged buyer cannot withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
- In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, to the address Trenów 55, 05-080 Laski. The Seller returns the price to the Privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
- The Seller returns to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the P ivileged Buyer's declaration on the price reduction.
- Digital content
- In the event of improper performance by the Seller of the contract for the supply of Digital Content, the privileged Buyer may exercise the rights regulated in Chapter 5b of the Act on Consumer Rights.
- If the Seller has not delivered the Digital Content, the Preferred Buyer may request the Seller to deliver it. If, despite this, the Seller does not deliver the Digital Content immediately or within an additional period expressly agreed by the Privileged Buyer and the Seller, the Privileged Buyer may withdraw from the contract.
- The Privileged Buyer may withdraw from the contract without requesting delivery of the Digital Content if:
- it is clear from the Seller's statement or circumstances that it will not deliver the Digital Content or
- The Privileged Buyer and the Seller agreed, or it is clear from the circumstances of concluding the contract, that a specific deadline for delivery of the Digital Content was of significant importance to the Privileged Buyer, and the Seller failed to deliver it within that deadline.
- The Seller is liable for the lack of compliance of the Digital Content with the contract, which existed at the time of their delivery and became apparent within two years from that moment.
- If the Digital Content is inconsistent with the contract, the Privileged Buyer may demand that it be brought into compliance with the contract.
- In the event of non-compliance of the Digital Content with the contract, the Privileged Buyer is obliged to cooperate with the Seller, to the extent reasonable and using the least burdensome technical means, to determine whether the lack of conformity of the Digital Content with the contract in a timely manner is due to the characteristics of the Preferred Buyer's digital environment.
- Additionally, if the Digital Content is inconsistent with the contract, the Privileged Buyer may declare:
- price reduction,
- withdrawal from the contract,
- making the Digital Content comply with the contract is impossible or requires excessive costs pursuant to Art. 43m section 2 and 3 of the Consumer Rights Act;
- The Seller has failed to bring the Digital Content into conformity with the contract within a reasonable time from the time when the Seller was informed by the Preferred Buyer of the lack of conformity with the contract, and without undue inconvenience to the Preferred Buyer, taking into account their nature and the purpose for which they are used;
- lack of compliance of the Digital Content with the contract continues even though the Seller has tried to bring the Digital Content into compliance with the contract;
- lack of compliance of the Digital Content with the contract is so important that it justifies a price reduction or withdrawal from the contract without first using the protection measure specified in Art. 43m of the Act on Consumer Rights (i.e. requests to bring Digital Content into compliance with the contract);
- It is clear from Seller's representation or circumstances that Seller will not bring the Digital Content into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
- The privileged buyer may not withdraw from the contract under the preceding provision if the Digital Content is supplied in exchange for payment of the price and the lack of conformity of the Digital Content with the contract is immaterial.
- The Seller is obliged to refund the Privileged Buyer the price due as a result of exercising the right to withdraw from the contract referred to in this section (concerning Digital Content) or reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's declaration of withdrawal from the contract or price reduction.
- The Seller refunds the price using the same method of payment as used by the Privileged Buyer, unless the Privileged Buyer has expressly agreed to a different method of return that does not involve any costs for him.
- Out-of-court methods of dealing with complaints and pursuing claims
- The Seller informs the Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. The consumer can benefit from, among others: With:
- the assistance of the relevant European Consumer Center from the European Consumer Centers Network. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. As a rule, the assistance of the European Consumer Centers is free of charge. The list of Consumer Centers competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
- online ODR (Online Dispute Resolution) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
- mediation conducted by the regionally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inpekcji_handlowej.php
- the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
- The previous provision is informative and does not constitute an obligation for the Seller to use extrajudicial means of resolving disputes.
- The use of extrajudicial methods of dealing with complaints and pursuing claims is voluntary for both the Seller and the Consumer.
- The consumer may additionally benefit from free assistance from the municipal or district consumer ombudsman.
- The Seller informs the Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. The consumer can benefit from, among others: With:
III BUYERS OTHER THAN PRIVILEGED BUYERS
- In the event of a defect in the goods, the Buyer other than the privileged Buyer may complain about the defective goods on the basis of the warranty regulated in the Civil Code.
- Pursuant to the Civil Code, the Buyer who is an entrepreneur other than a privileged entrepreneur loses his warranty rights if he did not examine the goods at the time and in the manner usual for goods of this type and did not immediately notify the Seller about the defect, and if the defect was discovered only later - if he did not notify the Seller immediately after its discovery. To meet the above deadline, it is sufficient to send a notice of the defect before its expiry.
- Using the warranty, a Buyer other than a privileged Buyer may, under the terms set out in the Civil Code:
- submit a declaration of price reduction,
- in the case of a significant defect - submit a declaration of withdrawal from the contract,
- demand replacement of the goods with ones free from defects,
- demand removal of the defect.
- If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Buyer other than the privileged Buyer is obliged to deliver the goods to the address Trenów 55, 05-080 Laski.
- For the avoidance of doubt, the Seller points out that the provisions of § 11 section 7.
§ 10 PERSONAL DATA
- The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the privacy policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
- The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for the processing of personal data in this case is:
- contract or actions taken at the request of the Buyer, aimed at concluding it (Article 6(1)(b) of the GDPR),
- the Seller's legal obligation related to accounting (Article 6(1)(c) of the GDPR) and
- the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).
- Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent concluding a contract in the Store.
- The Buyer's data provided in connection with purchases in the Store will be processed until:
- the contract concluded between the Buyer and the Seller will cease to be valid;
- the Seller will no longer have a legal obligation to process the Buyer's data;
- the Buyer or Seller will no longer be able to pursue claims related to the contract concluded by the Store;
- the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
- The buyer has the right to demand:
- access to your personal data,
- their corrections,
- removal,
- limitations on processing
- transfer data to another administrator
and the right: - objection at any time to the processing of data for reasons related to the Buyer's special situation - to the processing of personal data concerning him, based on Art. 6 section 1 letter f GDPR (i.e. on legitimate interests pursued by the Seller).
- In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
- If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the authority competent for the protection of personal data. In Poland, it is the President of the Office for Personal Data Protection.
§ 11 RESTRICTIONS
- The Buyer is prohibited from providing illegal content.
- Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded on time and in order to complete the order.
- All contracts concluded on the basis of these Regulations are subject to the provisions of Polish law, subject to paragraph. 4.
- The choice of Polish law for contracts concluded with the Consumer on the basis of the Regulations does not waive or limit the Buyer's rights under mandatory legal provisions applicable to the Consumer in situations where there is no choice of law. This means in particular that if the national regulations applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law - this broader protection shall apply.
- Agreements concluded on the basis of the Regulations are concluded in Polish.
- In the event of a possible dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court competent for the Seller's registered office.
- Any liability of the Seller towards the Buyer who is not a privileged Buyer, under the contract concluded through the Store, is limited - within the limits permitted by law - to the amount of the order placed by the Buyer, as a result of which the contract was concluded, and to 1 year from the conclusion of this contract.
Appendix No. 1 to the Regulations
Below is a sample withdrawal form that the Consumer or the privileged Entrepreneur may, but does not have to, use:SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
BEBE CONCEPT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Kłopot 4/U.2.1., 01-066 Warszawa
e-mail address: kontakt@bebeconcept.pl
- I/My (*) ........................................................... .............................
-date of conclusion of the contract
......................................................................................................................................................................................
.......................................................................................................................................................................
- address Consumer (-ów) / Entrepreneur (-ów) privileged (-ych):
................................................................................................................................................... ...
.............................................................................................
Podpis Konsumenta(-ów) / Przedsiębiorcy(-ów) uprzywilejowanego(-ych)
(tylko jeżeli formularz jest przesyłany w wersji papierowej)
Data ............................................