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STATUTE

Regulations of the BIES CLOTHING online store

specifying, among others, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and Consumer rights



The provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.



CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Annex No. 1: Sample contract withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except public holidays.
Consumer – consumer within the meaning of the provisions of the Civil Code.
Account - a free function of the Store (service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up an individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged Buyer - Privileged Consumer or Entrepreneur.
Privileged entrepreneur - a natural person concluding an agreement with the Seller directly related to its business activity, but not of a professional nature for it (the definition applies to agreements concluded from January 1, 2021).
Regulations – these regulations.
Store – BIES CLOTHING online store run by the Seller at: https://biesclth.com .
Seller - ALBERT PAWEŁ KORZEŃ, entrepreneur running a business under the name Bies Albert Korzeń, entered into the Central Register and Information on Economic Activity kept by the minister responsible for economy and maintaining the Central Register and Information on Economic Activity, NIP 7343432837, REGON no. 522944352, ul. . Bohaterów Orła Biały 127a, 33-300 Nowy Sącz.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Bohaterów Orła Biały 127a, 33-300 Nowy Sącz
  2. E-mail address: albertkorzen@biesclth.com
  3. Phone: 504046509

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • device with Internet access
    • web browser that supports JavaScript and cookies.
  2. 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

  1. The prices of goods visible in the Store are the total prices for the goods.
  2. The Seller points out that the total price of the order includes the price for the goods indicated in the Store and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the cart in the Store.
  4. Then, the Buyer selects from those available in the Store: the method of delivery of the goods and the payment method for the order, and provides the data necessary to complete the order.
  5. The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
  6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
  7. The Seller will provide the Privileged Buyer with confirmation of the conclusion of the sales contract on a durable medium no later than upon delivery of the goods.
  8. 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

  1. You can pay for your order, depending on the Buyer's choice:
    1. using a payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    2. via the payment platform:
      • Transfers 24
      • GooglePay
      • Blick
      • Traditional Transfer
        Bank transfer details:
        66 1050 1722 1000 0092 9863 3513
        Bies Albert Korzeń
        ul.Bohaterów Orła Biały 127A
        33-300 Nowy Sącz
  2. If the Buyer chooses a Tready Transfer, the order must be paid within 2 Business Days of placing the order.
  3. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order using this method is only possible immediately after placing the order.
  4. 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

  1. The Seller is obliged to deliver the goods without defects.
  2. The order completion date is indicated in the Store.
  3. If the Buyer has chosen to pay for the order in advance, the Seller will begin processing the order after it has been paid.
  4. If, as part of one order, the Buyer purchased goods with different lead times, the order will be completed on the date appropriate to the goods with the longest lead time.
  5. Countries in whose territory the delivery takes place:
    • Poland
    • Austria
    • Belgium
    • Bulgaria
    • Croatia
    • Cyprus
    • The czech republic
    • Denmark
    • Estonia
    • Finland
    • France
    • Greece
    • Spain
    • Ireland
    • Lithuania
    • Luxembourg
    • Latvia
    • Malta
    • Netherlands
    • Germany
    • Portugal
    • Romania
    • Slovakia
    • Slovenia
    • Sweden
    • Hungary
    • Italy
  6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
    1. Via a courier company
    2. To InPost parcel lockers

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. 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.
  2. The deadline to withdraw from the contract expires after 14 days from:
    1. 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;
    2. in which the Privileged Buyer came into possession of the last item or in which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last item in the case of a contract obliging the transfer of ownership of several items that are delivered separately.
  3. 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 (for example, a letter sent by post or information sent by e-mail).
  4. The privileged buyer may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
  5. 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
  6. In the event of withdrawal from the concluded contract, the Seller shall refund to the preferred Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred delivery method 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.
  7. 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, and in any case the Privileged Buyer will not incur any fees in connection with this refund.
  8. The Seller may withhold the refund until receipt of the goods or until proof of its return is provided, depending on which event occurs first.
  9. The seller asks to return the goods to the following address: ul. Bohaterów Orła Biały 127a, 33-300 Nowy Sącz or parcel locker MPR01N Mała Poręba 36, ​​Nowy Sącz 33-300 Przy Delikatesy ABC store 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.

  10. The privileged buyer bears the direct costs of returning the goods.
  11. 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.
  12. If, due to their nature, the goods cannot be returned by regular post, 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.
  13. If it is necessary to refund funds for a transaction made by the privileged Buyer with a 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

  1. The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to the contract:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the privileged Buyer or intended to meet his individual needs;
    2. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
    3. in which the 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;
    4. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
    5. 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;
    6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
    7. 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.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
  2. Using the warranty, the Buyer may, under the terms set out in the Civil Code:
    1. submit a declaration of price reduction,
    2. in the event of a significant defect - submit a declaration of withdrawal from the contract,
    3. demand that the item be replaced with a defect-free one,
    4. demand removal of the defect.
  3. The Seller is liable under the warranty if a physical defect is detected within two years from the date of delivery of the item to the Buyer - under the terms set out in the Civil Code.
  4. 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 item at the time and in the manner usual for items 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 discovering it.
  5. The Seller asks to submit complaints under the warranty to the postal or electronic address indicated in § 2 of the Regulations.
  6. If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a privileged Buyer - at the Seller's expense, to the address: ul. Bohaterów Orła Biały 127a, 33-300 Nowy Sącz.
  7. If an additional warranty has been granted for the goods, information about it and its conditions is available in the product description in the Store.
  8. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  9. The complaint will be considered by the Seller within 14 days.

    OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS
  10. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others: With:
    1. mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, 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://www.uokik.gov.pl/wazne_adresy.php#faq595 ;
    2. 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://www.uokik.gov.pl/wazne_adresy.php#faq596 ;
    3. free assistance of a municipal or district Consumer Ombudsman;
    4. online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .

§ 10 PERSONAL DATA

  1. 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 ".
  2. 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 Buyer's request 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).
  3. 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.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller will cease to be valid;
    2. the Seller will no longer have a legal obligation to process the Buyer's data;
    3. the Buyer or Seller will no longer be able to pursue claims related to the contract concluded by the Store;
    4. 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
    – depending on what is applicable in a given case and what will happen next.
  5. The buyer has the right to demand:
    1. access to your personal data,
    2. their corrections,
    3. deletion,
    4. processing restrictions,
    5. transferring data to another administrator
      and also the law:
    6. object at any time to the processing of data for reasons related to the Buyer's particular 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 administrator).
  6. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  7. If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

  1. The Buyer is prohibited from providing illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and in order to complete the order.
  3. Agreements concluded on the basis of the Regulations are concluded in Polish.
  4. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.



Annex 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)

Bies Albert Korzeń
street Bohaterów Orła Biały 127a, 33-300 Nowy Sącz
e-mail address: info@biesclth.com

- I/We(*) ......................................... ............................ hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) / for the provision of the following services(*):

............................................................. ............................................................. ............................................................. ........................

............................................................. ............................................................. ............................................................. ........................

............................................................. ............................................................. ............................................................. ........................

- Date of conclusion of the contract (*) /acceptance (*)

............................................................. ............................................................. ............................................................. ........................

- Name and surname of the Consumer(s)/Privileged Entrepreneur(s):

............................................................. ............................................................. ............................................................. ........................

- Address of the Consumer(s)/Privileged Entrepreneur(s):

............................................................. ............................................................. ............................................................. ........................

............................................................. ............................................................. ............................................................. ........................

............................................................. .........................................
Signature of the Consumer(s)/Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

Account Terms and Conditions

at the BIES CLOTHING store



The provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.



CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS

Consumer – consumer within the meaning of the provisions of the Civil Code.
Account - a free function of the Store (service) regulated in the Regulations, thanks to which the Buyer can set up an individual account in the Store.
Buyer - any entity purchasing in the Store.
Privileged Buyer - Privileged Consumer or Entrepreneur.
Privileged entrepreneur - a natural person concluding an agreement with the Seller directly related to its business activity, but not of a professional nature for it (the definition applies to agreements concluded from January 1, 2021).
Regulations - these Account regulations.
Store – BIES CLOTHING online store run by the Seller at: https://biesclth.com
Seller - ALBERT PAWEŁ KORZEŃ, entrepreneur running a business under the name Bies Albert Korzeń, entered into the Central Register and Information on Economic Activity kept by the minister responsible for economy and maintaining the Central Register and Information on Economic Activity, NIP 7343432837, REGON no. 522944352, ul. . Bohaterów Orła Biały 127a, 33-300 Nowy Sącz.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Bohaterów Orła Biały 127a, 33-300 Nowy Sącz
  2. E-mail address: albertkorzen@biesclth.com
  3. Phone: 504046509

§ 3 TECHNICAL REQUIREMENTS

  1. For proper functioning and creation of an Account, you need:
    • active email account
    • device with Internet access
    • web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the order status or editing the Buyer's data independently.
  3. In order to create an Account, please complete the appropriate form in the Store.
  4. At the time of opening the Account, an agreement for maintaining the Account is concluded for an indefinite period between the Buyer and the Seller on the terms specified in the Regulations.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. In order to resign from the Account, please send your resignation to the Seller at the following e-mail address: albertkorzen@gmail.com, which will result in immediate deletion of the Account and termination of the contract regarding maintaining the Account.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address info@biesclth.com
  2. The complaint will be considered by the Seller within 14 days.

    OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS
  3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others: With:
    1. mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, 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://www.uokik.gov.pl/wazne_adresy.php#faq595 ;
    2. 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://www.uokik.gov.pl/wazne_adresy.php#faq596 ;
    3. free assistance of a municipal or district Consumer Ombudsman;
    4. online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Account 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 ".
  2. The purpose of processing the Buyer's data is to maintain an Account. The basis for the processing of personal data in this case is the contract for the provision of the service or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Seller, consisting in the processing of data in order to determine , pursuing or defending any claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Seller will not be able to provide the Account management service.
  4. The Buyer's data will be processed until:
    1. The account will be deleted by the Buyer or Seller at the Buyer's request
    2. the Buyer or Seller will no longer be able to pursue claims related to the Account;
    3. 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
    – depending on what is applicable in a given case and what will happen next.
  5. The buyer has the right to demand:
    1. access to your personal data,
    2. their corrections,
    3. deletion,
    4. processing restrictions,
    5. transferring data to another administrator
      and also the law:
    6. object at any time to the processing of data for reasons related to the Buyer's particular 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 administrator).
  6. In order to exercise their rights, the Buyer should contact the Seller.
  7. If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 7 RESERVATIONS

  1. The Buyer is prohibited from providing illegal content.
  2. The agreement regarding maintaining the Account is concluded in Polish.
  3. In the event of important reasons referred to in section 4, the Seller has the right to change the Regulations.
  4. Important reasons referred to in section 3 are:
    1. the need to adapt the Store to the legal provisions applicable to the Store's operations
    2. improving the security of the service provided
    3. change of Account functionality requiring modification of the Regulations.
  5. The Buyer will be informed about the planned change to the Regulations at least 7 days before the change enters into force via e-mail sent to the address assigned to the Account.
  6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address albertkorzen@gmail.com, which will result in termination of the contract regarding maintaining the Account upon the entry into force of the planned change or earlier. , if the Buyer submits such a request.
  7. If the Buyer does not object to the planned change until it enters into force, it is assumed that he accepts it, which does not constitute any obstacle to terminating the contract in the future.
  8. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.