Regulations of the BELMAM online store
§ 1 INITIAL PROVISIONS
- The BELMAM online store is run by Belmam Izabela Adamowicz entered / entered into the Central Register and Information on Economic Activity conducted by the Minister of Economy, REGON no. 022511290, NIP 9151667675.
- These regulations constitute the rules for sales contracts concluded remotely via the Store.
- Consumer – a person who performs a legal action with the Entrepreneur within the BELMAM store not directly related to his business or professional activity
- Entrepreneur – Belmam Izabela Adamowicz, with registered office at: Powstańców Styczniowych 4A / 1, 55-140 Żmigród entered / entered into the Central Register and Information on Economic Activity conducted by the Minister of Economy, REGON no. 022511290, NIP 9151667675.
- User – any entity making purchases via the Store.
- Shop – an online store run by the Entrepreneur at https://belmam.pl
§ 3 CONTACT
- Company’s address: Powstańców Styczniowych 4A / 1, 55-140 Żmigród
- E-mail address: email@example.com, firstname.lastname@example.org
- Phone number: 882 152 075, 690 881 883
- The consumer can communicate with the Entrepreneur through the addresses and data provided in this paragraph.
§ 4 PRELIMINARY INFORMATION
- The prices listed in the store are given in Polish zlotys and euros. The prices are including VAT.
- The final price of the order includes the price of the product and the cost of shipping indicated on the Store’s website.
§ 5 EXECUTION OF THE SALES AGREEMENT
- The User should pay the Entrepreneur for the purchased goods within 1 day of placing the order.
- The user can use, among others from the following payment methods:
- Bank transfer
- Detailed information on accepted payment methods can be found on the Store’s website.
- The goods will be sent by the Entrepreneur on the date indicated in the description of the products, in the manner chosen by the Consumer in the order.
- The delivery of products takes place in Poland and abroad.
§ 6 RIGHT TO WITHDRAW FROM THE AGREEMENT
- The consumer has the right to withdraw from the contract within 14 days without giving any reason.
- The deadline to withdraw from the contract expires after 14 days from the date on which the consumer came into possession of the product or in which a third person other than the carrier and indicated by the consumer came into possession of the product.
- The Consumer must inform the Entrepreneur of his decision to withdraw from the contract by way of a clear statement using the Entrepreneur’s data provided in these regulations. The consumer may use the model withdrawal form at the end of these regulations, but it isn’t mandatory.
- o keep the deadline to withdraw from the contract, it is enough for the Consumer to send information about using his right to withdraw from the contract before the deadline.
- Aby zachować termin do odstąpienia od umowy, wystarczy, aby Konsument wysłał informację dotyczącą wykonania przysługującego prawa odstąpienia od umowy przed upływem terminu do odstąpienia od umowy.
- Effects of withdrawal from the contract:
- he Entrepreneur shall return immediately to the Consumer all payments received from the Consumer, including costs of delivering the item (except for: additional costs resulting from the method chosen by the Consumer other than the cheapest standard delivery offered by the Entrepreneur in the store), and in any case no later than 14 days from the date on which the Entrepreneur was informed about the Consumer’s decision to withdraw from the contract
- the return of payment shall be made by the Entrepreneur using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed otherwise; in any case, the Customer doesn’t bear any refund costs.
- The Entrepreneur may withhold the return of payment until he receipt the products or until he gets proof of return, depending on which occurs first
- The Consumer should immediately send back the products to the address of the Entrepreneur (given in these regulations) and in any case not later than 14 days from the day on which he informed the Entrepreneur about withdrawal from the contract. The deadline will be met if the Consumer sends back the products before the deadline of 14 days.
- The Consumer bears the direct cost of returning the products.
- The Consumer is responsable only for the reduction in the value of things resulting from the using them in a different way than was necessary to determine the nature, characteristics and functioning of things.
- n case, that due to the nature, things can’t be sent back by regular post, information about this, as well as the cost of returning products, will be in the description of things in the shop.
§ 7 COMPLAINT AND GUARANTEE
- The Entrepreneur is obliged to deliver products free from defects.
- In the case of a defect purchased from the Entrepreneur, the consumer has the right to make a complaint based on the warranty regulated by the provisions of the Civil Code.
- Complaints should be reported in writing or by e-mail to the Entrepreneur’s addresses provided in these regulations. It is recommended that the complaint include a brief description of the defect, date of its occurrence, data of the Consumer submitting the complaint and the Consumer’s demand in connection with the defect of the good.
- The Entrepreneur will respond to the Consumer’s complaint within 14 days, and if he doesn’t do so within this period, it is considered that the Consumer’s request was considered justified.
- Products sent as part of the complaint procedure should be sent to the address given in § 3 of the Regulations.
- If the product has been granted a guarantee, information about it, as well as its content, will be included in the product description in the store.
§ 8 EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
- The Consumer has the possibility of using, among others with:
a) mediation conducted by the Provincial Inspectorates of the Trade Inspection.
b) assistance for permanent consumer arbitration courts operating at the Provincial Inspectorates of the Trade Inspection.
§ 9 PROCESSING OF CUSTOMER’S PERSONAL DATA
- The entity processing the personal data of the Customer (the Administrator) is Izabela Adamowicz running a business under the name BELMAM, NIP: 9151667675
- Contact with the Administrator is possible using the following data:
a) by correspondence to the Administrator’s address: ul. Powstańców Styczniowych 4A / 1, 55-140 Żmigród
b) electronically via the e-mail address: belmam.pl
- Processing of the Customer’s personal data by the Administrator is based on:
a) our consent to the processing of your personal data, in order to execute the contract concluded with the Administrator (order fulfillment via the online store), based on art. 6 par. 1 lit. and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (General Data Protection Regulation ) (Journal of the EU L of 2016, No. 199, page 1) (hereinafter referred to as “GDPR”);
b) in case of disagreement, or withdrawal, when it is necessary in order to execute the contract concluded with the Administrator (order fulfillment via the online store), based on art. 6 par. 1 lit. b GDPR. The implementation of the contract should be understood as the implementation of rights and obligations having their source in the contract;
c) in the case of withdrawal of consent and performance of the contract only when it is necessary for purposes arising from legitimate interests pursued by the Administrator, except for situations in which the interests or fundamental rights and freedoms of the data subject protection of personal data, based on art. 6 par. 1 liter f GDPR. The legitimate interest pursued by the Administrator is the pursuit of civil law claims arising from the contract concluded with the Customer.
- Recipients of data processed by the Administrator will be only entities with whom the Administrator has entered into a contract for entrusting data processing, authorized administrator employees and providing services to the Administrator consisting in delivering an order carried out via an online store.
- The Administrator stores personal data provided by the Customer in the period justified by the limitation of civil law claims between the parties, which may arise on the basis of the concluded contract, as well as for the time necessary, resulting from the public-law obligations incumbent on the Administrator.
- The customer has the right to:
a) to request access to his own data and rectification them;
b) delete his own data (being forgotten);
c) restrictions on their processing;
d) transfer of own data;
e) filing an objection in the case of data processing pursuant to art. 6 par. 1 liter f GDPR.
The scope of the above rights is regulated in detail by the provisions of the GDPR (Articles 15-21).
- The Customer has the right to withdraw consent to the processing of personal data at any time. Withdrawal of consent doesn’t affect the lawfulness of the processing of data that has been made on the basis of consent before its withdrawal.
- n the case of withdrawal of the Customer’s consent, his personal data will be processed by the Administrator for the purpose and scope in which it is necessary for the proper performance of the concluded contract (execution of the order via the online store).
- The client is entitled to file a complaint to the supervisory body regarding the processing of his personal data by the Administrator.
- Providing data by the customer is voluntary, however, the provision of personal data is necessary for the conclusion of the contract to process the order via the online store.
- The administrator doesn’t make a decision based solely on automated processing of customer data, including profiling.
§ 10 FINAL PROVISIONS
- In matters not covered by these regulations, generally applicable provisions of Polish law shall apply, in particular: the Law on consumer rights of 30 May 2014, the Civil Code of 23 April 1964 and the Civil Procedure Code of 17 November 1964 .
- The sales contract concluded on the basis of these regulations applies to a specific order and is concluded for the purpose of a one-off order. Each order requires separate acceptance of the regulations.
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