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Regulations

 

Regulations of the online store

 

 

  1. These Regulations set out the general terms and conditions and the manner of sale of Mariusz Dubiecki run by DUMA, via the online BizuteriaSportowa.com store, referred to below as "Online Store". The Regulations also specify the terms and conditions for providing online services free of charge electronically.

 

 

 

  • 1 Definitions

 

  1. Business days - means days of the week from Monday to Friday, excluding public holidays.
  2. Delivery - means the act of delivering to the Customer by the Seller, via the Supplier, products specified in the order.
  3. Supplier - means the entity with which the Seller cooperates in the scope of delivering products.
  4. Password - means a string of letters, digits or other characters selected by the Customer during registration in the Online Store, used to secure access to the Customer Account.
  5. Client - means an entity for which services will be provided electronically or with which a Sales Contract will be concluded in accordance with the Regulations and legal regulations.
  6. Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
  7. Customer Account - means an electronic service, marked with an individual name and Password provided by the Customer. In other words, it is a panel in the Seller's teleinformation system, allowing the Customer to use additional functionalities and services. The Customer gains access to the Account using the Login and Password. The Customer logs into his Account after registering in the Online Store. The Account allows you to save and store information about the Customer's address data to ship the Products, track the status of the Order, access to the history of Orders and other services provided by the Seller.
  8. Login - means an individual Customer identification, determined by him, consisting of a string of letters, digits or other characters, required together with the Password to set up a Customer Account in the Online Store. The login is the Customer's email address.
  9. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
  10. Regulations - means these regulations of the store.
  11. Registration - means the activity carried out in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
  12. Seller - DUMA Mariusz Dubiecki ul. Zaborowska 15 / 20c 01-462 Warsaw NIP 7391088119 e-mail: kontakt@bizuteriasportowa.com
  13. Online Store - means a website enabling placing Orders and making Reservations by the Customer and providing services provided by the Seller.
  14. Goods - means a product presented by the Seller via the Online Store, which may be the subject of a Sales Agreement.
  15. Persistent medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him in a way that allows access to information in the future for a reasonable time for the purpose of this information and which allows the stored information to be restored unchanged.
  16. Sale agreement - means a sales contract concluded remotely, on terms specified in the Regulations, between the Customer and the Seller.
  17. Newsletter - means an Electronic Service that allows all customers using it to receive information from the Seller about the Products, Online Store, including news and promotions, to the e-mail address provided by the Customer with the consent of the Customer.
  • 2 General provisions, use of the Online Store

 

 

  1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name and Internet domain, forms, logos posted in the Online Store (except for logos and images presented for the purpose of presenting the goods to which the copyright belongs to third parties) belong to the Seller, and the use of them can only be made in a manner specified and in accordance with the Regulations and with the consent of the Seller.
  2. The Seller will make every effort to make the use of the Online Store possible for Internet users using all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements to use the Online Store are: Internet browser Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher. Recommended minimum screen resolution: 1024x768. Enabling cookies and Javascript support in the web browser.
  3. The Seller uses the mechanism of "cookies" in order to collect information related to the use of the Customer Online Store in order to: maintain the Customer session, so that the customer does not need to re-enter the Login and Password on each subpage of the Online Store, adjust and optimize the Online Store to the needs of customers, creating statistics on the website's subpages of the Online Store, ensuring the safety and reliability of the operation of the Online Store. The customer can disable the "cookies" mechanism in the web browser of his terminal device. Disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store.
  4. In order to place an order in the Online Store and to use services provided electronically via the Online Store, it is necessary for the Customer to have an active e-mail account.

 

 

  • 3 Registration

 

 

  1. In order to place an order in the Online Store, the Customer is obliged to register the Customer Account free of charge.
  2. In order to register, the Customer should complete the registration form provided by the Seller in the Online Shop and then send it electronically by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.
  3. When completing the registration form, the customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
  4. During the Registration, the Customer may voluntarily agree to the processing of his personal data for the purpose of receiving commercial information by ticking the appropriate box of the registration form. In this case, the Seller clearly informs about the purpose of collecting personal data of the Customer, as well as about the known to the Seller or anticipated recipients of such data.
  5. The Customer's consent to the processing of his personal data for the purpose of receiving commercial information does not condition the possibility of concluding an agreement with the Seller for the provision of electronic services to run a Customer Account. Consent may be withdrawn at any time by submitting an appropriate statement to the Seller. The statement may be sent to the Seller's address via e-mail.
  6. After sending the completed registration form, the Customer receives an electronic confirmation of the Registration by the Seller to the e-mail address provided in the registration form. At this time, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains access to the Customer Account and changes made during the Registration of data.

 

 

 

 

 

 

  • 4 Orders

 

 

 

 

  1. The information contained in the Online Store does not constitute an offer of the Seller within the meaning of the Civil Code, but only the invitation of Customers to submit offers to conclude a Sales Agreement.
  2. The Customer may place orders in the Online Store for 7 days a week, 24 hours a day.
  3. A customer placing an order via the Online Store places an order selecting the Goods he is interested in. Adding the Goods to the order is done by selecting the "Add to basket" command, under the selected Goodie presented in the Online Store. After completing the entire order and indicating in the "Basket" the method of delivery and payment method, the customer places the order by sending the order form to the Seller, selecting the "To checkout" button. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs that must be borne in connection with the Sale Agreement.
  4. Placing an order is submitting an offer to the Seller by the Customer to conclude an Agreement for the sale of Goods being the subject of the order.After confirming the order placement, the Seller sends information about the acceptance of the order to the email address provided by the Customer. Information about the acceptance of the order for execution is a statement of the Seller about the acceptance of the offer referred to in §4 subpara. 4 above and upon its receipt by the Customer a Sales Agreement is concluded.

 

            

 

  • 5 Payments

 

  1. The prices in the Online Store placed at the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to pay in connection with the Sales Agreement, which the Customer will be informed about when choosing the method of Delivery and placing the order.
  2. The Customer may choose the following payment methods for ordered Goods:
    1. for downloading on delivery;
    2. by bank transfer to the Seller's bank account;
    3. electronic payments and credit card payments through authorized websites, in accordance with information made available as part of the Online Store;
    4. cash on delivery.
  3. The Customer is informed by the Seller about the deadline in which he is obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.
  1. If the Customer fails to make the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional time for the Customer to make a payment and informs the Customer about it. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second deadline for making the payment, the Seller will send the Customer a declaration of withdrawal from the contract pursuant to art. 491 of the Civil Code.   

 

 

  • 6 Delivery

 

  1. The Seller realizes the Delivery on the territory of the Republic of Poland.
  2. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
  3. The Seller places information on the number of Working Days needed to process the order and deliver the Goods to the Customer on the Online Store website. The deadline for Delivery and execution of the order indicated in the Online Store is counted in Working Days in accordance with §5 para. 2 of the Regulations.
  4. The deadline for Delivery and execution of the order indicated in the Online Store is counted in Working Days from the date of conclusion of the Contract of Sale in the event of the Customer choosing the "cash on delivery" payment option.
  5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
  • 7 Warranty

 

 

  1. The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect.
  2. If the delivered product has a defect, the customer has the option of:
    • submit a statement about price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect. The discounted price should remain in such proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without a defect. The Customer can not withdraw from the contract if the Product defect is irrelevant;
    • request replacement of the Product for one free from defects or removal of defects. The Seller is obliged to replace the defective Product with one free from defects or to remove the defect within a reasonable time without undue inconvenience to the Customer, with reservations and rules specified in the relevant provisions of the Civil Code.
    • Instead of the defect proposed by the Seller, the Customer may request replacement of the Product free of defects, or instead of replacing the Product, demand removal of the defect unless it is impossible to bring the Product into compliance with the contract in a manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Customer. reseller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Consumer would otherwise expose the satisfaction.

 

  1. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into compliance with the Agreement in the manner chosen by the Customer or would require excessive costs in comparison with the second possible way of compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
  2. The Customer who exercises the rights under the warranty is obliged to deliver the faulty item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
  1. The Customer who exercises the rights under the warranty is obliged to deliver the faulty item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
  2. The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one that is free of defects expires after one year, but the date can not be completed before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration on the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods for one free of defects or removal of the defect, the deadline to withdraw from the Contract of Sale or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or remedying the defect.
  3. The seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.

 

 

 

  • 8 Complaints

 

 

  1. Any complaints related to the Products or the implementation of the Contract of Sale, the Customer may submit in any form. We propose a written form to the address of the registered office of the Seller indicated in § 1 para. 12. Regulations.
  2. The Seller within 14 days from the date of the request containing the complaint, will respond to the complaint made by the Customer.
  3. The Customer may also submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the Seller's e-mail address. In the complaint, the customer should describe the problem. The Seller shall promptly, but no later than within 14 days, consider the complaint and provide the Customer with an answer.
  4. The Customer may use the complaint form provided by the Seller.

  

 

 

  • 9 Warranty

 

  1. Goods sold by the Seller may be covered by a warranty granted by the producer of the good or the distributor of the Goods.
  2. In the case of Goods covered by the guarantee, information regarding the warranty is presented on the Seller's Online Store website.

  

 

 

  • 10 Withdrawal from the Sales Agreement

 

 

  1. A consumer who has concluded a Sales Agreement in the Online Store may, within 14 days, withdraw from it without giving any reason and without incurring costs, except for the costs referred to below. The right to withdraw from the Contract of Sale may be exercised by the Consumer by sending a statement of withdrawal to the Seller's e-mail address or the address of the Seller's registered office indicated in § 1 para. 12. Regulations.
  2. The running of the period for withdrawal from the Contract of Sale shall commence from the moment the Consumer takes possession of the Good.
  3. In the event of withdrawal from the Sales Agreement, it is considered void.
  4. If the Consumer submitted a statement on withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
  5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery of proof of the Goods return, depending on which event occurs first.
  6. If the Consumer exercising the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  7. The Consumer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the date on which he resigned from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.
  8. In the event of withdrawal, the Customer who is a Consumer bears only the direct cost of returning the Product.
  9. If, due to its nature, the Product can not be returned by normal mail, the Seller informs the Consumer about the cost of returning items on the Online Store website.
  10. The Consumer shall be liable for the 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 this Good.
  11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not entail any additional costs for him.
  12. The right to withdraw from the Purchase Agreement is not due to the Client being a Consumer in relation to contracts in which the Goods are delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery Customer.

 

  • 11 Free services offered on the Online Store

 

  1. The Seller provides free electronic services to Clients in the scope of:
    • Contact form.
    • Running a Customer Account.
    • Placing opinions and comments in the e-store.

 

  1. Services indicated in § 11 para. 1 are provided 7 days a week, 24 hours a day.
  2. The Seller reserves the right to choose and change the type, form, time and manner of granting access to selected services listed, about which he will inform the Customers in a manner appropriate to the change in the Regulations.
  3. The Contact Form service consists in sending a message to the Seller via the form placed on the Online Store website. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.
  4. The Customer Account Service service is available after registration on the terms described in the Regulations and consists in providing the Customer with a panel in the Online Store that allows modifications of data which he provided during Registration as well as tracking the status of orders and order history. The Customer who has registered may submit a request to delete the Seller's Customer Account, however, if the Customer requests the Customer's account to be removed by the Seller, it may be deleted within 14 days of submitting the request.
  5. The Newsletter service can be used by any customer who will add their e-mail address using a registration form made available by the Seller on the Online Store website. After sending the completed registration form, the Customer receives an e-mail to the e-mail address provided in the form, confirmation by the Seller. At that moment, an agreement for the provision of the Newsletter service by electronic means is concluded. The Customer may also during registration register the appropriate box in the registration form in order to subscribe to the Newsletter service. Newsletter service consists in sending by the Seller, to the e-mail address, information about new products or services of the Seller. The Newsletter is sent by the Seller to all Clients who have subscribed to the Newsletter. Newsletter sent to customers contains information about the sender of the message, subject, and information about the possibility and method of resignation from the free Newsletter service. The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription - by sending such a wish in response to the newsletter, or by activating the relevant field in the Customer Account.
  6. The service of placing opinions and comments consists in enabling the Seller, Customers having a Customer Account, to publish on the Online Store website adding their own opinions on the Goods offered by the Online Shop. Resignation from the service of placing opinions and comments is possible at any time and consists in ceasing to place content by the Customer in the Online Store.
  7. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Customers, violation of the provisions of law or the provisions of the Regulations by the Customer, and when blocking access to the Customer Account and free services is justified by security reasons . Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services.

 

 

 

  1. 12 Responsibility of the Client in the scope of posted content

 

  1. By placing the content and making it available on the Online Store website, the Customer makes voluntary distribution of the content. The published content does not express the views of the Seller. The seller is not a provider of this content, it only provides the appropriate ICT resources.
  2. The customer declares that:
    • is entitled to use proprietary copyrights, industrial property rights and / or related rights to works, industrial property rights (eg trademarks) and / or related rights subjects that make up content;
    • the placement and provision of personal data, image and information related to third parties within the framework of the services took place in a legal, voluntary manner and with the consent of the persons concerned;
    • consents to the access to published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
    • consents to the development of works within the meaning of the Copyright and Related Rights Act.

 

  1. The Customer of the Online Store is not entitled to:
    • posting, as part of using the services, personal data of third parties and dissemination of the image of third parties without the required legal permission or consent of a third party;
    • posting advertising and / or promotional content as part of using the services.
  2. It is forbidden for Clients to post content as part of using the services, which could in particular:
    • be placed in bad faith with the intention of violating the personal rights of third parties;
    • violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
    • be offensive or threatened to other people, contain vocabulary that violates good customs;
    • be contrary to the interests of the Seller;
    • otherwise violate the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms.
  3. If a notification is received in accordance with § 13 of the Regulations, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services, in particular with respect to content on which, based on reports by third parties or appropriate bodies, it was found that they may constitute a violation of these Regulations or applicable law. The Seller also does not maintain ongoing control of posted content in the Online Store.

 

  1. The Customer agrees to the Seller's free use of its content as part of the Online Store.
  2. The Customer, placing any Content in the Online Store, in particular graphics, comments, opinions or statements on the Account or elsewhere on the Online Store, grants to the Seller a non-exclusive, royalty-free license to use, record, change, delete, supplement, public performance, public display, reproduction and dissemination (in particular on the Internet) of these Content.

  

 

 

  • 13 Reporting a threat or violation of rights in the Online Store

 

 

  1. In a situation where the Customer or other person or entity finds that content published on the Online Store violates their rights, personal rights, good manners, feelings, beliefs, fair competition rules, a secret protected by law or on the basis of an obligation, may notify the Seller about possible violation, sending information to the Seller's e-mail address or the Seller's address.

 

  1. The Seller notified about the potential infringement, takes immediate action to remove the indicated content from the Online Store website.

 

 

 

  • 14 Protection of personal data

 

 

  1. The rules for the protection of Personal Data are set out in the Privacy Policy posted on the Online Store website.

 

  • 15 Termination of the contract - not applicable to Sales contracts

 

  1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to retaining the rights acquired by the other party before the termination of the above-mentioned contract and the provisions below.
  2. The Customer performing the Registration in the Online Store may terminate the contract for the provision of electronic services by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to read the statement of will of the Customer.
  3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate statement of will to the email address provided by the Customer during the Registration in the Online Store.

  

 

 

  • 16 Final provisions

 

  1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.
  2. The content of the Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Online Store website.
  3. In the event of a dispute regarding the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
  4. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities authorized to deal with disputes out of court. They can be, for example, the Consumer Rights Ombudsman or the Provincial Inspectorate of Trade Inspection - the list is available on the website of the Office of Competition and Consumer Protection.
  5. The seller also informs that at http://ec.europa.eu/consumers/odr/ the online platform for settling disputes between consumers and entrepreneurs at the EU level is available.
  6. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of placing the order by the Customer. The new regulations are valid from the day of publishing it on the Online Store website. In a situation where the Customer does not accept the new Regulations of the Online Store, he is obliged to notify the Seller about this fact, which will result in the termination of the contract in accordance with the provisions of §15 of the Regulations.
  7. Agreements with the Seller are concluded in Polish.
  8. Regulations of the Online Store enter into force on 25/05/2018.

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