The agreement between the Buyer and the Seller may be concluded in two ways.
Before placing an order,the Buyer has the right to negotiate all the provisions of the agreement with the Seller , including those changing the provisions of the following regulations. Such negotiations shall be conducted in writing and addressed to the Seller's address(BOTLAND B. DERKACZ SPÓŁKA JAWNA, Gola 25A, 63-640 Bralin).
If the Buyer resigns from the possibility of concluding an agreement by way of individual negotiations, the following regulations and relevant provisions of law shall apply.
The administrator of the data provided by you is the companyBOTLAND B. CORNCRAKE GENERAL PARTNERSHIP.Details on data processing are available in the privacy policy (click to read the privacy policy).
REGULATIONS
§1 Definitions
Postal address - first and last name or name of the institution, location in the municipality (for a town divided into streets: street, number of the building, number of the apartment or premises; for a town not divided into streets: town name and property number), postal code and town.
2. complaint address:
BOTLAND B. CORNCRAKE GENERAL PARTNERSHIP
Gola 25A,
63-640 Bralin
3) Supply price list - available at/content/1-delivery a list of available delivery types and their costs.
4th Delivery - a type of transport service, specifying the carrier and the cost, listed in the delivery price list at the address:
The service shall be operated under the conditions specified in the carrier's regulations
5. proof of purchase - invoice, bill or receipt issued in accordance with the Act on Goods and Services Tax of 11 March 2004 as amended and other relevant legislation.
6. product card - a single subpage of the shop containing information about a single product.
7. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform legal actions, making a purchase from the Seller directly related to its business or professional activity.
8th Civil Code - Civil Code Act of 23 April 1964 as amended.
9th Code of Good Practices - a set of rules of conduct, and in particular ethical and professional standards referred to in Article 2 point A of the Civil Code of 23 April 1964 with later amendments. 5 of the Act on counteracting unfair market practices of 23 August 2007, as amended.
10. consumer - an adult natural person of full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
11. Shopping cart - a list of products made from the products offered in the store based on the Buyer's choice.
12. Buyer - both the Consumer and the Customer.
13th Place of delivery of goods - postal address or collection point indicated in the order by the Buyer .
14th Moment of delivery of the item - the moment when the Buyer or a third party indicated by the Buyer for collection will take possession of the item.
15. payment - the method of payment for the object of the contract and delivery listed at /content/1-delivery.
16. Consumer Law - Consumer Rights Act of 30 May 2014.
17. product - the minimum and indivisible quantity of the item that can be the subject of the order, which is given in the Seller's shop as the unit of measurement when determining its price (price/unit).
18. subject of the contract - products and delivery subject of the contract.
19. subject of the service - subject of the contract.
20. collection point - a place of delivery of items not being a postal address, listed in the list provided by the Seller in the shop.
21. item - a movable item that can be or is the subject of the contract.
22. shop - a website available at /, through which the Buyer can place an order.
24. Seller:
Contact details:
Complaint address:
BOTLAND B. CORNCRAKE GENERAL PARTNERSHIP
Gola 25A
63-640 Bralin
NIP: 619-202-35-94, REGON: 362180160,
registered and visible in the National Court Register under number: 0000570034
BANK ACCOUNT: 58 11402004 0000 3402 7579 4276
1) System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of an end device appropriate for a given type of network, commonly referred to as the Internet.
2. completion date - number of hours or working days specified on the product card.
3. Contract - an off-premises or distance contract within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers .
4. Defect - both a physical defect and a legal defect .
5th Physical defect - inconsistency of the item sold with the contract, and in particular if the item:
- it does not have the characteristics that an item of this kind should have due to the purpose in the contract indicated or resulting from the circumstances or purpose;
- has no properties of which the Seller has assured the Consumer ,
- is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller has not objected to such purpose;
- was issued to the Consumer in an incomplete state;
- in case of incorrect installation and commissioning, if these actions were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller ;
- it does not have the characteristics provided by the manufacturer or his representative or the person who places the item on the market within the scope of his business and the person who, by placing his name, trade mark or other distinctive sign on the item sold, presents himself as the manufacturer, unless The sellerdid not know or, judging reasonably, could not have known or could not have influenced the consumer's decision to conclude the contract, or if their content was corrected before conclusion of the contract.
(6) a legal defect - a situation where the thing sold is owned by or encumbered with the rights of a third party and where the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
7th Order - a declaration of will of the Buyer submitted through the store specifying unambiguously: type and quantity of products ; type of delivery; type of payment; place of release of the item, Buyer's data and aiming directly to conclude an agreement between the Buyer and the Seller.
§2 General conditions
1. the Agreement is concluded in the Polish language, in accordance with Polish law and these regulations.
2nd The place of issue must be located on the territory of the Republic of Poland.
3rd The Seller is obliged and undertakes to provide services and deliver items free of defects.
4th All prices given by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the price list of deliveries.
(5 ) Any time limits shall be calculated in accordance with Article 111 of the Civil Code, i.e. a time limit specified in days shall end with the expiry of the last day, and if the beginning of a time limit specified in days is a certain event, it shall not be taken into account when calculating the time limit of the day on which that event occurred.
The confirmation, access, recording, securing all relevant provisions of the agreement in order to gain access to this information in the future shall take the formof
a. order confirmation by sending to the indicated e-mail address: order, pro forma invoice, information about the right of withdrawal from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to download the regulations and model withdrawal from the contract;
b. attach to the completed order, sent to the indicated place of issue of printed items : proof of purchase, information about the right of withdrawal from the contract, these regulations, specimen form of withdrawal from the contract.
7. the Seller does not charge any fees for communication with him using the means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract concluded with a third party providing a specific service to him to enable remote communication.
8.theSeller provides the Buyer using the system for the correctness of the shop in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on the screens8. of the store with horizontal resolution above 1024 px. Using third party software that affects the operation and functionality of the browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of the store botland.com.pl, you should disable them all.
9.The buyer can use the option to store his data in order to facilitate the process of placing another order. In order to do so, the buyer should provide a login and password, necessary to access his account. The login and password are a sequence of characters determined by the Buyer , who is obliged to keep them secret and protect them from unauthorized access by third parties. The buyer has at any time the opportunity to view, correct, update and delete the account in the shop.
(10) The seller complies with the code of good practice.
11. the Buyer is obliged to:
a. not to provide or transmit content prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
b. not to use the shop in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
c. not to take actions such as: sending or placing unsolicited commercial information (spam) within the shop,
d.to use the shop in a manner that is not burdensome for other Buyers and for the Seller,
e. to use any content placed in the shop only for one's own personal use,
f. to use the shop in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, provisions of the regulations, as well as general principles of netiquette.
§3 Conclusion of the contract and implementation
1.orders can be placed 24 hours a day.
2. In order to place an order the Buyer should perform at least the following actions, some of which can be repeated many times:
- adding the product to the basket;
- choosing the type of delivery;
- choosing the type of payment;
- choosing the place of delivery;
- placing an order in the shop by using the button " I order withpayment obligation".
Third The conclusion of the contract with the Consumer occurs at the time of placing an order.
4th The realization of the Consumer's order paid on delivery takes place immediately, and the order paid by bank transfer or through the electronic payment system after the payment is credited to the account of the Seller , which should take place within 30 days of the order placement , unless the Consumer was not able to fulfill the performance through no fault of his own and informed the Seller about it .
5th The conclusion of the agreement with the Customer takes place at the moment of acceptance of the order by the Seller, of which he shall inform the Customer within 48 hours from placing the order.
6th The execution of the Customer's order paid on delivery takes place immediately after the conclusion of the agreement, and the order paid by bank transfer or through the system of electronic payments after the conclusion of the agreement and the Client's payment is credited to the Seller's account .
7th The execution of the Customer's order may be dependent on the payment of all or part of the value of the order or obtaining a trade credit limit at least the value of the order or the Seller's consent to send the order on delivery (payable on delivery).
8. the subject of the agreement shall be sent within the time limit specified on the product card, and for orders composed of many products within the longest period of time from the products specified on the cards. The time limit begins at the moment of order execution .
9. The purchased subject of the contract is, together with a sales document chosen by the Buyer, sent by the Buyer by the type of delivery to the place of delivery indicated by the Buyer in the order, together with attachments referred to in §2 point 6b.
10. After the shipment of the purchased goods, the Store, as part of the implementation of the contract with the Buyer, is obliged to send an invitation to the Buyer to an e-mail address to complete a survey to examine his opinion about the transaction. The Buyer is entitled, but not obliged to complete it.
§4 Right to withdraw from the contract
1. the consumer has the right under Article 27 of the Consumer Law to withdraw from a contract concluded at a distance, without giving any reason and at no cost, except for the costs specified in Article 33, Article 34 of the Consumer Law.
2 The deadline for withdrawal from a distance contract is 14 days from the date of issue of the item, and to meet the deadline it is sufficient to send a statement before its expiry.
3. the statement of withdrawal from the contract The consumer may submit a statement of withdrawal on the form, a specimen of which is attached as Annex 2 to the Consumer Law , on the form available at the following address /content/75-rma-and-return-policy or in any other written form consistent with the Consumer Law.
4. the Seller shall immediately confirm to the Consumer by e-mail (given at the conclusion of the contract and other if given in the statement submitted) receipt of a statement of withdrawal from the contract.
5. In the case of withdrawal from the contract, the contract is considered not concluded.
6th The consumer is obliged to return to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before its expiry.
7th The consumer sends back the items being the subject of the contract, from which he withdrew at his own expense and risk.
(8) The consumer shall be liable for any reduction in the value of the object of the contract resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the object.
9. the Seller shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the agreement submitted by the Consumer shall return to the Consumer all payments made by him, including the costs of delivery of the item, and if the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller shall not return additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
10. the Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to another payment method that does not involve any costs for the Consumer.
11. the Seller may withhold the return of the payment received from the Consumer until the Consumer receives the item back or the Consumer provides evidence of its return, whichever occurs first.
12. the Consumer in accordance with Article 38 of the Consumer Law is not entitled to withdraw from the contract:
- 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 expiry of the withdrawal period;
- where the subject matter of the performance is an unprocessed item, produced to the consumer's specifications or to meet his individual needs;
- in which the subject-matter of the performance is an item which is liable to deteriorate rapidly or has a short shelf life;
- in which the service is provided for an item delivered in sealed packaging which cannot be returned for health or hygiene reasons if the packaging has been opened after delivery;
- in which the subject matter of the service is an item which, by its nature, is inseparably connected with other items after delivery;
- in which audio or visual recordings or computer programs supplied in sealed packaging are the object of the service, if the packaging has been opened after delivery;
- o supply of digital content which is not recorded on a tangible medium if performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal;
- for the supply of newspapers, periodicals or magazines, except for a subscription contract.
13. The consumer does not bear the cost of supplying digital content which is not recorded on a tangible medium if he has not consented to the performance before the expiry of the withdrawal period or has not been informed of the loss of his right of withdrawal when giving his consent or the trader has not provided confirmation in accordance with Articles 15(1) and 21(1). Consumer law.
§5 Warranty
1.the Seller, pursuant to Article 558§1 of the Civil Code, completely excludes liability to customers for physical and legal defects (warranty).
The Seller shall be liable to the Consumer on the terms set out in Article 556 of the Civil Code and subsequent ones for defects (warranty).
In case of an agreement with the Consumer if a physical defect was found before the lapse of one year from the moment of handing over the item, it is assumed that it existed at the moment of passing the danger to the Consumer.
(4 ) If the item sold has a defect,the consumer may:
a. make a statement of demand to reduce the price;
b. make a statement of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect free of defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a defect-free item or remove the defect, he is not entitled to replace the item or remove the defect.
5. 5.The Consumer may, instead of the Seller's proposed removal of the defect, demand that the item be replaced with a defect-free item or demand removal of the defect instead of replacing the item, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costsin comparison with the method proposed by the Seller , however, when assessing the excessive costs, the value of the defect-free item, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which another method of satisfaction would expose the Consumer.
(6) The consumer may not withdraw from the contract if the defect is immaterial.
7) The consumer , if the item sold has a defect, may also:
demand that the item be replaced with a defect-free one;
demand that the defect be removed.
8th The Seller is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
9th The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or in comparison with the other possible way of bringing it into conformity with the contract would require excessive costs.
(10) If the defective item has been installed, the Consumer may require the Seller to dismantle and reinstall it after replacement with a defect-free item or removal of the defect, but is obliged to bear part of the associated costs exceeding the price of the item sold, or may demand from
The seller shall pay part of the costs of disassembly and reassembly, up to the price of the item sold. In case of the Seller's non-performance of his obligation, the Consumer shall be entitled to do so at the expense and risk of the Seller.
11. the Consumer, who exercises the rights under the warranty, is obliged to deliver the defective item to the complaint address at the expense of the Seller, and if due to the type of item or the manner of its installation the delivery of the item by the Consumer would be excessively difficult, the Consumer shall be obliged to make the item available to the Seller in the place where the item is located. In case of failure to perform the obligation by the Seller, the Consumer is entitled to send back the item at the expense and risk of the Seller.
The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
The Seller is obliged to accept a defective item from the Consumer in case of replacing the item with a defect-free item or withdrawing from the contract.
14. the Seller
shall respond within fourteen days:
a. a. a declaration of demand to reduce the price;
b. a declaration of withdrawal from the contract;
c. a demand to replace the item with a defect-free item;
d. a demand to remove the defect.
Otherwise, it shall be deemed to be a justified statement or demand by the Consumer.
15th The Seller shall be liable under warranty if a physical defect is found within two years from the moment of handing over the item to the Consumer , and if the object of sale is used within one year from the moment of handing over the item to the Consumer .
16. the Consumer's claim for removal of the defect or replacement of the sold item with a defect-free item shall be time-barred with the lapse of one year, counting from the day of finding the defect but not earlier than two years from the moment of handing over the item to the Consumer, and if the object of sale is a used item before the lapse of one year from the moment of handing over the item to the Consumer.
17. in case when the expiry date of usefulness of the item specified by the Seller or manufacturer ends after two years from the moment of handing over the item to the Consumer , the Seller shall be liable under the warranty for physical defects of this item found before this date.
18th Within the time limits specified in §5 points 15-17 the Consumer may submit a statement of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer demanded replacement of the item with a defect-free item or removal of the defect, the period for submitting the statement of withdrawal from the contract or price reduction begins at the moment of ineffective expiry of the period for replacement of the item or removal of the defect.
19th In the event of an investigation before a court or arbitration court of one of the rights under the warranty, the deadline for the exercise of other rights, to which the Consumer is entitled on this account, shall be suspended until the final conclusion of the proceedings. It shall also apply mutatis mutandis to mediation proceedings, where the time limit for exercising other rights under the warranty to which the Consumer is entitled begins to run from the day the court refuses to approve the settlement agreement concluded before the mediator or ineffective completion of mediation.
20. §5 points 15-16 shall apply to the exercise of rights under the warranty for legal defects of the item sold, except that the time limit shall start from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of an action by a third party
- from the day on which the ruling given in the dispute with the third party became final.
21. If, due to a defect in the goods, the Consumer has made a statement of withdrawal from the contract or reduction of the price, he may demand compensation for the damage suffered by him because he concluded the contract without knowing about the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particularThe Seller may demand reimbursement of the costs of concluding the agreement, costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses made to the extent that he has not benefited from them and has not received their reimbursement from a third party, and reimbursement of the costs of the process. This shall be without prejudice to the provisions on the obligation to repair damage on general principles.
22. the expiry of any period for the determination of a defect does not exclude the exercise of rights under the warranty, if the Seller has deceitfully concealed the defect.
23. the Seller, if he is obliged to perform or provide financial services to the Consumer will perform them without undue delay, no later than the legally prescribed period.
§6 Privacy policy and personal data security
The Seller shall be the administrator of personal databases provided by the Shop's consumers.
2nd The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Act on Providing Services by Electronic Means of July 18, 2002. Buyer giving his personal data when placing an order 4. the Seller agrees to their processing by the Seller in order to fulfill the order. The Buyer has the opportunity to view, correct, update and delete their personal data at any time.
4th Detailed rules for the collection, processing and storage of personal data used to carry out orders by the store are described in the Privacy Policy, which is located at: http://botland.com.pl/content/99-privacy-policy.
§7 Final provisions
(1) Nothing in these terms and conditions is intended to affect the rights of the Buyer. Nor can it be interpreted as such, since in the event of any part of these terms and conditions being inconsistent with applicable law, Seller declares its absolute compliance and application of that law in place of the contested provision of these terms and conditions.
2. changes to the regulations and their scope registered Buyers will be notified by e-mail (to the indicated at registration or e-mail order). The notification will be sent at least 30 days before the new regulations come into force. Changes will be made in order to adjust the regulations to the current legal status.
3rd The current version of the regulations is always available to the Buyer in the regulations tab (/content/3-regulamin). During the course of the order and during the entire period of after-sales care of the Buyer, the terms and conditions accepted by the Buyer when placing an order shall apply . Except when the Consumer considers it less favorable than the current one and informs the Seller of the choice of the current one as binding.
4th In matters not covered by these terms and conditions, the relevant applicable laws shall apply. Disputable issues, if the Consumer expresses such a wish, shall be resolved by means of mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre- or out-of-court dispute resolution, e.g. through the EU ODR internet platform at http://ec.europa.eu/consumers/odr/. As a last resort, the case is decided by a court with local and material jurisdiction.
Version1.2 (Kepno, 2016-01-18)