§1 General provisions
1. The online store operating under the address: „www.borcas.eu“ (hereinafter referred to as the Store) is the property of Kinga Smardz Gawłowska (hereinafter referred to as the Seller), conducting sole proprietorship under the business name: „BORCAS KINGA SMARDZ-GAWŁOWSKA“,. 35 Krotoszyńska Rd. building B-02, place 6, 63-400 Ostrów Wielkopolski, NIP 6222444657, REGON 361790927, registered in the Central Register and Information on Economic Activity of the Republic of Poland (www.firma.gov.pl), run by the minister responsible for economy.
tel. +48 503 897 064,
Bank account :
PLN 68 2490 0005 0000 4500 2291 1718 (Alior Bank S.A.)
EUR 88 1140 2004 0000 3812 0514 4235 (M.Bank)
2. These Terms & Conditions hereby set out the rules for using the Store, in particular the rights and obligations of the Seller and the Customer, rules for placing orders, concluding and terminating purchase and sale contracts for products offered by the Seller through the Store, as well as the rules for performing these contracts and the rules for complaint and personal data protection. These Terms & Conditions also specify the rules for the provision of electronic services.
3. Customers may at any time obtain free access to Terms & Conditions on the Store’s websites, including downloading and archiving the content of the Terms & Conditions in the form of an electronic file or printing it out. The Terms & Conditions are also available to Customers via the link contained in the e-mail confirming the conclusion of the contract referred to in § 3 point 4.
4. Customers may communicate with the Seller via electronic mail, as well as by phone and in writing (contact details as in § 1 point 1 of the Terms & Conditions). Customers place orders using the order form in accordance with the procedure provided in § 3 of this Terms & Conditions. The seller does not charge any fees for communicating with him by using means of distance communication, and the Customer only bears the costs arising from the contract he has concluded with the entity providing him a specific service enabling distance communication.
5. All annoucements, advertisements, price lists and other information posted on the Store’s website, referring to the products contained therein, do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
6. Terms & Conditions are addressed to both consumers and entrepreneurs using the Store, with the exception of § 7 and § 8 of the Terms & Conditions, which are addressed only to Customers who are consumers, and also with the exception of those provisions of the Terms & Conditions that clearly relate to consumers .
§ 2 Electronically supplied services
1. The Seller provides electronic services consisting in enabling customers to set up an user account on the Store’s website and providing customers with the order form on the Store’s website. In addition, the Seller may provide the Newsletter service for Customers who wish to receive it.
2. The user account service is an option to archive and store Customer data the web store in order to facilitate the process of placing the next order. For this purpose, the Customer should provide the login and password necessary to access his account. The login and password are a string of characters set by the customer who is obliged to keep them secret and protect against unauthorized access by third parties. The user account service is provided free of charge for an indefinite period. The Customer may at any time, without giving a reason and without bearing costs, delete his user account by sending the Seller a request to delete the account in writing or by e-mail to the contact details specified in § 1 point 1 of the Terms & Conditions.
3. The order form service enables Customers to place orders (declarations of will) for goods offered by the Seller via the Store’s website, in accordance with the procedure provided in § 3 of the Terms & Conditions. The service is provided free of charge and is of a one time nature. The service ends immediately after placing the order.
4. The Newsletter service consists of sending email to Customers who have previously agreed to this, an information bulletin about new products and promotions in the Store. The Newsletter service is provided free of charge for an indefinite period of time. The Customer may at any time, without giving a reason and without bearing costs, withdraw consent to receive the Newsletter by clicking on the link contained in the e-mail received or by sending the appropriate request to the Seller in writing or by e-mail to the contact details specified in § 1 point 1 of the Terms & Conditions.
6. The Seller informs that the basic threats related to the use of services provided electronically via the Internet include in particular computer viruses, Trojan horses, spam (not ordered electronic messages sent to many recipients at the same time) and interference by third parties (so-called hackers) . It is in the interest of every user of services provided via the Internet to install legal and up-to-date software that protects the user’s device from the abovementioned threats.
7. Customers are obliged to use the Store in a manner consistent with the law and decency, with a view to respect the personal rights, copyrights and intellectual property of the Store and third parties, and in particular refrain from providing unlawful content and interfering with the content of the Store or its technical components.
8. Complaints regarding of services provided electronically may be submitted in writing or by e-mail to the contact details indicated in § 1 point. 1 of the Terms & Conditions. As far as it is possible, it is recommended that the Customer provides a description of the complaint which will include: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of discrepancies; (2) customer requests; and (3) Customer’s contact details. Complaints will be considered by the Seller within 14 calendar days since the date of submission.
§ 3 Purchasing procedures and concluding sales agreements
1. In order to make a purchase, the Customer should place an order via the Store’s website „www.borcas.eu“. Placing an order means choosing the type and number of products, clicking „add to cart“, proceeding to the basket and filling out the data in the order form, choosing the payment method and delivery method, then confirming and sending the order by clicking the „Buy and pay“ button . The Seller informs that orders placed through the Store entail the obligation to pay. Placing an order in the Store Customer constitutes an offer to conclude a sales contract for the products subject to the order within the meaning of art. 66 § 1 of the Civil Code.
2. A necessary element of placing the order is for the Customer to read and accept the Terms & Conditions. The Customer may do so by checking the appropriate box before finalizing the order. Lack of acceptance of the Terms & Conditions during the ordering procedure prevents the purchase of goods via the Store and requires another form of an agreement to conclude the transaction.
3. The Customer, after placing the order will receive official confirmation of receiving the order which Seller shall issue and send immediately to the e-mail address provided by the Customer. As soon as the Customer receives the confirmation of the order, a sale and purchase agreement is concluded between the Customer and the Seller. This kind of electronic message also confirms the conclusion of a distance contract.
4. The content of the concluded contract is recorded, secured and made available to the Customer by (1) providing Terms & Conditions on the Store’s website (2) enabling downloading of the Terms & Conditions in the form of an electronic file and (3) sending the Customer an e-mail message referred to in § 3 point 3 of the Terms & Conditions. The content of the contract is additionally recorded and secured in the Store’s IT system.
§ 4 Prices and payment
1. The prices of products presented on the Store’s websites are gross prices (i.e. they contain all components such as customs duties and taxes, including VAT) and are expressed in Polish zlotys (PLN). The binding and final price is the price at the time the order is placed by the Customer.
2. The prices of goods on the Store’s website do not include delivery costs referred to in § 5 of Terms & Conditions.
3. Payment for the ordered goods may be done:
a) by a transfer to the Seller’s bank account number: 88 1140 2004 0000 3812 0514 4235 (mBank) within 7 calendar days from the date of the contract;
b) by bank transfer through a PayU payment system;
4. Receipts or VAT invoices are issued for all goods ordered in the Store.
§ 5 Delivery
1. The products ordered by the Customer are delivered to the address indicated on the order form via courier. It is also possible for the customer to collect the product personally at: ul. 35 Krotoszyńska Rd. house B-02 prem.. 6, 63 – 400 Ostrów Wielkopolski. The choice of the delivery method is made by the Customer during completing the order form.
2. Delivery of the product to the Customer is payable, unless the sales contract provides otherwise or the Customer arranges the pick up or transport by himself.
3. The costs of product delivery (including charges for transport, delivery itself and postal services) are indicated to the Customer on the Store’s website „www.borcas.eu“ when placing the order, also when the Customer expresses his will to be bound by a sales contract. The cost of delivery depends on the delivery method chosen when placing the order. The total cost of the order, including the price of the product and the cost of delivery, is visible at the order summary. The Store informs that if it is not possible to determine in advance the amount of fees for the delivery of the goods (e.g. large colli shipments), an obligation to pay such fees is in force, which will then be determined individually according to the courier’s price list and are estimated at an amount not higher than 500 PLN.
4. After receiving the package, the Customer should, if possible, check the condition of the package in the presence of the supplier. In case of any damage to the parcel during transport, the Customer is advised, as far as possible, to refuse to accept the parcel or to write, in the presence of the supplier, a protocol specifying the condition of the parcel and the circumstances of the damage, which will significantly facilitate any complaint procedure.
5. The delivery time is 20 to 30 business days, unless a shorter period is given in the product description or when placing the order. When ordering several products with different delivery dates at the same time, the deadline for total delivery is the longest of the given dates. The beginning of the order fulfillment period starts from the date of booking the right amount on the Seller’s bank or settlement account.
6. Deliveries of goods ordered through the Store are carried out only on the territory of the Republic of Poland.
§ 6 Complaint handling procedure
1. The Store is obliged to provide customers with items sold without physical and legal defects (warranty). In case the purchased goods have a defect, Customers have the rights provided in the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121, as amended), in particular in the part relating to warranty (art. 556 et seq.).
2. Complaints shall be submitted to the address of the Store’s headquarters referred to in § 1 point 1 of the Terms & Conditions. The complaint should contain Customer’s data, information about the type of defect(s) and the date of their finding, the Customer’s request, and in case of doubt also some kind of confirmation of the purchase of the claimed product. The above content of the complaint has the form of a recommendation, and complaints with other content will also be considered by the Seller.
3. If it is necessary for the Seller to become acquainted with the sold item to recognize the complaint, the Customer who exercises the warranty rights will be obliged to deliver the item to the Seller’s registered address, referred to in § 1 point 1 of the Terms & Conditions at the Seller’s expense. If, due to the type of item or the way it was installed, delivery of the item by the Customer would be excessively difficult, the Customer is obliged to make the item available to the Seller at the place where the item is located.
4. The store will respond to customer complaints within 14 calendar days.
5. The Seller provides 24 months warranty for the products sold, according to the rules described in the Warranty Cards attached to the products.
§ 7 Withdrawal from the contract
1. In accordance with art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). A Customer who is a consumer who has entered into a distance contract through the Store may withdraw the contract within 14 days without giving a reason and without costs, with the exception of the costs specified in § 7 points 4, 5 and 8 of the Terms & Conditions. Information about the right to withdraw, including in particular information on the method and time limit for exercising the right to withdraw from the contract and the cost of returning things in the event of withdrawal from the contract, which is borne by the Customer, is attached as Annex 1 to the Terms & Conditions.
2. The Customer may use the template of statement of withdrawal from the contract constituting an attachment to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), as well as Annex 2 to the Terms & Conditions, but it is not mandatory.
3. In the event of withdrawal from the contract, it is considered void. If the Customer who is a consumer made statements before the Seller accepted his offer, the offer ceases to be binding.
4. If the Customer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to reimburse such Customer for additional costs incurred by him.
5. In the event of withdrawal from the contract, the Customer bears the direct cost of returning the item. The customer should secure the returned goods in a way to minimize the risk of damage during transportation.
6. The customer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
7. The Customer is not entitled to withdraw from a distance contract in relation to the contracts listed in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), and in particular contracts:
a) 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;
b) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
c) 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;
d) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
8. If the Customer has demanded to start providing services before the deadline to withdraw from the contract (if such services are offered by the Seller at all), the Customer shall pay the Seller an amount proportional to the scope of services provided until the moment the Customer has informed the Seller about the withdrawal from the contract.
§ 8 Out-of-court complaint consideration and redress methods
1. If the Seller has not accepted the Customer’s complaint who is a consumer and the Customer does not agree with this decision, he may use available extrajudicial means of dealing with complaints and redress. Detailed information on out-of-court complaint consideration and redress is available at the headquarters and on the websites of the district (municipal) consumer ombudsmen, Voivodship Inspectorates of the Trade Inspection and the Office of Competition and Consumer Protection.
2. In particular, the Customer who is a consumer may:
a) apply to the appropriate voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended);
b) ask for settlement of the dispute arising from the concluded sales contract by a permanent consumer arbitration court at the voivodeship inspector of the Trade Inspection, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended);
c) use the online dispute resolution system platform (ODR platform) available at http://ec.europa.eu/odr, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on the online consumer dispute resolution system and amendments to Regulation (EC) No 2006/2004 and Directive 2009/22 / EC.
§ 9 Personal data protection
1. The Seller processes the personal data of its customers in order to conclude and implement (in particular billing and delivery) the contract, in accordance with the provisions of the Act of 29 August 1997. on the protection of personal data (consolidated text: Journal of Laws of 2002, No. 101, item 926) and the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422, as amended).
2. Providing personal data by the Customer is voluntary. The Customer has the right to inspect the content of his personal data, as well as the right to request to supplement, update, rectify , temporary or permanent suspense of the processing or utter removal.
3. The administrator of personal data provided by the Customer is the Seller referred to in § 1 point. 1 of the Terms & Conditions.
4. For statistical purposes and to ensure the highest quality of services, the Store uses information saved by the server on the Customer’s computer, which is then read each time the Internet browser connects (so-called „cookies“). By default, the software used for browsing websites enables placing „cookies“ on the terminal device. The customer may at any time change the browser settings to not accept such files or to inform about their transfer.
§ 10 Final provisions
1. The Seller shall honor all consumer rights provided for in the provisions of generally applicable law, in particular in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) and in the Civil Code. Therefore, the provisions of these Terms & Conditions are not intended to exclude or limit any consumer rights. All possible doubts should be explained in favor of consumers that are using the Store. The provisions of the Terms & Conditions less favorable to the consumer than the provisions of the above-mentioned law acts are invalid, and in their place the provisions of these law acts apply.
2. These Terms & Conditions may be amended for important reasons, in particular in the event of the need to adapt the Terms & Conditions to legal provisions. If continuous contracts are concluded under these Terms & Conditions, the amended Terms & Conditions shall bind the Customer if the requirements specified in art. 384 and 3841 of the Civil Code, that is. the Customer has been properly notified of the changes and has not terminated the contract within 14 days from the date of notification. In the event of conclusion of contracts of a different nature than continuous contracts pursuant to these Terms & Conditions, amendments to the Terms & Conditions shall not in any way affect the rights of Customers that they acquired before the date of entry into force of the amendments.
3. In case of contracts concluded with consumers, the court’s jurisdiction shall be determined by the provisions of generally applicable law, in particular the provisions of the Civil Code Procedure. In case of contracts concluded with entrepreneurs, the court competent to settle disputes arising from these contracts will be the court appropriate for the seat of the Seller.
4. Agreements concluded through the Store are concluded in polish language.