Terms and conditions of the online store
The internet store at www.botland.com.pl is operated by botland b. Derkacz sp. K. With its seat at 25a gola street, 63-640 bralin, tin: 6192023594, krs: 0000983968, regon: 362180160, called "seller" or "shop".
You can get in touch with the seller:
- under the phone number: +48 62 593 10 54 (fee as for a regular phone call, according to the tariff package of the service provider used by the customer),
- using the e-mail address – email@example.com,
- through the contact form in the "contact" tab.
§1 general provisions
The following meaning is established for words:
- Terms and conditions – this very terms and conditions,
- Client – a natural person, a legal person or an organizational unit without legal personality and having the capacity to perform legal actions, who, on the principles set out in these regulations, makes an order in the online store,
- Consument – a customer who is a natural person, using the online store for purposes not directly related to his or her business or professional activity,
- Enterprise with consumer's rights - a natural person having the status of an entrepreneur, entered in the ceidg register, making an order within the framework of his business activity, however without any relation to the professional nature of this activity. This category does not apply to customers having their seat or usual place of residence outside the territory of the republic of poland.
- Goods, product - a movable item, presented in the online store, to which the sales agreement applies
- Sale agreement - a contract of sale of goods within the meaning of the civil code act, concluded between the seller and the customer, using the store's website,
- Online shop (shop) - internet service available at www.botland.com.pl, through which the customer may place an order
- Order – declaration of will of the client specifying unambiguously the type and quantity of the goods, aiming directly at concluding the sales agreement.
- The subject of the store's activity is the sale of products currently in the assortment and enabling the customer to place orders for the offered products through the website. Using this service is possible after the customer has registered and logged in to the store or by means of a correctly completed order form without the need to log in. The store enables free browsing of the store's assortment on product pages.
- The sale takes place via the internet between the person placing an order as a buyer and the store as a seller.
- Each customer purchasing products offered by the store is obliged to read the content of these regulations.
- The customer may subscribe to the store's newsletter, i.e. Cyclical sending of information about the store's products and services. In order to subscribe to the newsletter, the customer enters his or her e-mail address in the newsletter form on the store's website, at the same time confirming his or her consent to the processing of his or her personal data for this purpose and directing promotional content to the e-mail address provided. You may unsubscribe from the newsletter at any time, and for this purpose the customer is asked to provide a statement of resignation via the store's e-mail: firstname.lastname@example.org or choose the resignation link in the e-mail provided with the newsletter.
§2 technical conditions for placing orders
- Technical requirements necessary to use the shop's services:
- active internet connection,
- correctly configured browser,
- current, active and correctly configured e-mail account,
- cookies and java script enabled,
- installed and working program for reading pdf files.
- Registration in the store is free of charge and optional.
- Registration in the store is based on a correctly completed registration form, in which the customer provides the necessary identification data (name, surname), e-mail address and password; the accepted, current rules and regulations of the store and a statement of consent to the processing of personal data to the extent necessary for the proper execution of the customer's orders. Account registration can also be made by checking the appropriate box in the process of placing an order. A message confirming the creation of an account shall be sent to the customer's e-mail address placed in the registration form. Upon receipt of the message confirming registration, an agreement is concluded between the customer and the store concerning the maintenance of the account.
- After registering in the store, logging in is done using the data provided in the registration form or changed on the basis of a subsequent application of the customer.
- In order to remove the client's account from the store (termination of the agreement), he should send an e-mail with a request to remove the account to the following e-mail address: email@example.com with the identification of the client currently registered in the store. The above does not apply to situations in which the store is in the process of completing an order placed by the customer. In such a case, the effect of the termination of the agreement shall take place at the time of completion of the order in question.
- The store allows to place orders without registering and logging in the store. To this end, each time during the process of placing an order the customer is obliged to fill in an electronic form by entering the data required by the store for its identification and conclusion and execution of the sales contract (name and surname, e-mail address, telephone number - optional, delivery address). The customer is obliged to accept the current terms and conditions together with a declaration of consent to the processing of personal data for the purposes of the order..
- Lack of registration in the store means that the customer does not have a customer account, which allows, among other things, access to automatic tracking of the order, order history, or the right to participate in the promotional actions announced by the store.
- Information about the available assortment in the store constitutes an invitation to conclude an agreement within the meaning of article 71 of the polish civil code.
- 2nd the customer, when placing an order, submits an invitation to conclude a contract of sale of the ordered products in the store. The process of ordering a product begins with the confirmation of the features of performance through the product page. The customer is informed about the expected time of order completion, product availability, price and methods of payment, as well as possible variants of delivery. In order to deliver the product, the customer is obliged to provide his or her address data or to verify them if he or she has registered an account beforehand. Before placing an order (by using the "i order and pay" button), the customer confirms that he has read these regulations together with his consent to the processing of personal data for the purposes of the order..
- The confirmation of acceptance of the order sent by the store to the e-mail address provided by the customer constitutes a statement of acceptance of the invitation referred to above. If, prior to confirmation of the order ("i order and pay" button), the customer terminates the use of a given service and leaves the store, the agreement will not be concluded..
- Customer making a purchase as an entrepreneur, is obliged to provide the nip number (or equivalent number for tax settlements in the case of customers from abroad) when placing an order, otherwise it is assumed that he is buying as a consumer.
- The assessment of whether a client who is an entrepreneur entered in the ceidg register has the status of an entrepreneur with consumer rights is made by the store in relation to an individual case and on the basis of the client's statement made in the course of ordering products. It is assumed that clients who are entrepreneurs entered in the ceidg register, who at the time of placing an order did not indicate the non-professional nature of the order, make a purchase within the framework of their business activity, in connection with its professional nature, unless something else will result from the circumstances of the agreement in connection with the subject of that client's activity reflected in ceidg. Such an assessment does not apply to clients with the status of an entrepreneur based abroad, as they do not have the status of an entrepreneur with consumer rights according to legal regulations.
- In order to place an order, the customer is required to choose from among the products available in the store: ordered products, method of delivery, method of payment and indicate the delivery address. The choice is made by: selecting the product and adding it to the cart.
- The customer may choose an unlimited number of products for the order from the quantity of a given product available for the order, unless something else results directly from the product side. After going to the cart, the customer will receive a summary of selected products.
- The store also has the possibility to buy gift vouchers. The terms and conditions of purchase of the vouchers are described on the store's website.
- If the products covered by the order are unavailable in the store, at the store's suppliers or for other reasons and it is not possible to complete the customer assignment, the store shall notify the customer of this fact within 7 (seven) days from the date of placing the order at the latest. In this case the customer has the right to decide whether he or she agrees to the execution of the order within the period proposed by the store or withdraw from the agreement. In case it is not possible to carry out the part of the order referred to above, the customer is informed about the status of the order and decides on the method of its execution. The customer has a choice between:
- Partial execution - the customer's choice of this option results in execution of the order concerning only available products;
- Cancellation of the entire order (withdrawal).
§5 product prices and payment methods
- The price for each work is binding at the time the customer places an order. Prices of goods placed on the store's website include vat and do not include delivery costs. At the request of a customer with a registered account, the store may set visibility of net prices only.
- The delivery of goods takes place in the following variants offered in the store through:
- Courier (i.e. Gls),
- Postal operator (i.e. Poczta polska kurier 48)
- At collection point, i.e. In post office of poczta polska,
- Inpost parcel delivery machines.
- Traditional transfer to the seller's bank account,
- Electronic payments and payment card payments through the przelewy24.pl service - payment service is provided by paypro sa (paypro) with its registered office in poznań, at kanclerska 15 (60-327), entered into the register of entrepreneurs of the national court register kept by the district court of poznań nowe miasto and wilda, viii commercial department of the national court register under the number krs 0000347935, nip number 7792369887, with an initial capital of 4. Pln 500,000.00, fully paid-up, and to the register of national payment institutions kept by the polish financial supervision authority under the number uknf ip24/2014.
- Electronic payments and card payments via the PayU website - the payment service is provided by PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Payment Services Register under the number IP1 / 2012, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000274399, with a share capital of PLN 4,944,000, fully paid up, with a tax identification number NIP: 779-23-08-495, REGON 300523444.
- Cash on delivery option (cash or - if the courier will have a terminal - also a payment card).
- With deferred payment date - after individual agreement before placing the order.
- The store is obliged to release the goods without defects and have been legally introduced to the polish market.
- Upon determining the faultiness of the received product customer may, at his own choice, use the warranty rights, provided that the warranty has been granted, as well as the warranty rights he is entitled to from the seller. The warranty and warranty rights are independent of each other..
- The complaint must be notified to the store about the observed defects, documented in order to verify the objections and possible removal of defects without sending the goods back to the store. If it is necessary to send the goods back to the store, the store will inform the complainant about this within 14 days from the date of the complaint. A document confirming the purchase of the product in the store with a description of the claims should be attached to the returned product. You can lodge a complaint in an electronic form at firstname.lastname@example.org, in writing to the address of the store, or use the electronic form on the website under "complaints and returns"..
- If the item sold has a defect, you can make a declaration of price reduction or withdrawal from the contract, unless the store immediately and without undue inconvenience to the complainant replace the defective item with a defect free of defects or remove the defect. This limitation does not apply if the item has already been replaced or repaired by the store, or the store has not replaced the item with a defect-free item or has not repaired the defect..
- The reduced price shall remain in such proportion to the price resulting from the contract as the value of the defective item remains to the value of the item without defect. One cannot withdraw from the contract if the defect is immaterial.
- The store will immediately, but not later than within 14 days from the date of receipt of the package with the goods complained about, will take a stance on the complaint and will inform the client about further proceedings. The store will immediately notify the complainant of the outcome of the complaint processing in writing or via e-mail to the e-mail address given in the complaint notification. If a consumer or an entrepreneur with consumer rights does not receive the store's position on the complaint, it is assumed that the store has accepted the complaint.
- 7th transport of the advertised products under warranty is carried out at the store's expense by means indicated by the store. The shop does not accept parcels sent back with payment on delivery. In some cases, it is not necessary to send the complained product, and the seller may stop at inspecting photographs provided by the customer, of which he or she will inform him or her after receiving the complaint..
- The customer, who is a consumer, has the right to use out-of-court methods of complaint processing and claiming. The customer may use mediation or an amicable court by providing an appropriate form - an application for mediation or an application for consideration of the case before an amicable court - to the institution before which the proceedings will be conducted. A list of sample institutions together with contact details is available at www.uokik.gov.pl. Moreover, at http://ec.europa.eu/consumers/odr, the consumer has access to the electronic resolution of consumer disputes through the eu online platform (odr platform). The trader with consumer rights does not have such right. In the case of foreign clients who are consumers, they should turn to the competent authority for their place of residence dealing with consumer rights protection.
§7 right of withdrawal
- The customer who is a consumer or an entrepreneur with consumer rights, may withdraw from the contract without giving any reason within 30 days of receipt of the consignment. He should then make a statement of withdrawal from the contract and return the goods to the store. In order to submit a statement of withdrawal he can use the withdrawal form on the store's website: https://botland.reklamator.com.pl/issue/registerpreview/xvztay/pl. The deadline is considered to have been met if the consumer sends the statement of withdrawal in writing to the store's address or by e-mail: email@example.com, or will use the form prepared for this purpose, at the latest on the last day of the 30-day period. After receiving the statement of withdrawal in electronic form on the above mentioned e-mail, the store will confirm the receipt immediately by sending information to the withdrawing person's e-mail address. The statement of withdrawal from the contract submitted after the above mentioned period does not have legal effects.
- The goods should be returned in an unaltered and complete condition, without signs of use, unless the change was necessary within the limits of ordinary management, i.e., the consumer or the trader with consumer rights should deal with the goods with a view to its possible subsequent return. He shall be liable for any reduction in the value of the item resulting from its use beyond what is necessary to establish its nature, characteristics and functioning. If the returned goods are incomplete or bear traces of use, beyond the ordinary management of the item, the store reserves the right to refuse to accept the parcel or reduce the returned amount by the equivalent of the damaged goods, at the choice of the store.
- Third the right of the consumer or the entrepreneur to withdraw from the contract does not apply if the subject matter of the order is, inter alia, an object:
- Unprocessed, manufactured according to the customer's specifications or to meet his individual needs;
- In which the subject of the service is an item delivered in sealed packaging, which cannot be returned for health protection reasons or for hygienic reasons if the packaging was opened after delivery;
- In which the subject matter of the service is items which, after delivery, by their nature, are inseparably connected with other items;
- In which the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- Delivery of digital content which is not recorded on a tangible medium, if the performance has begun with the consumer's express consent before the expiry of the withdrawal period and after the operator has informed him of the loss of the right of withdrawal (e.g. Video courses). At the same time, the customer declares at the time of placing the order that he demands delivery of digital content before the expiry of the 14-day withdrawal period and acknowledges that he will therefore lose his right of withdrawal..
§8 personal data protection
§9 final provisions
- VAT invoice is issued for each product sold by the store. The VAT invoice is delivered electronically to the e-mail address provided by the customer. Acceptance of the regulations constitutes at the same time as a consent to sending invoices in an electronic form.
- The applicable law is polish law. Any disputes arising between the customer and the store shall be resolved by the court having jurisdiction over the store's registered office, with the proviso that, with respect to consumers, such disputes shall be resolved before the court having jurisdiction under the provisions of polish civil procedure.
- The store reserves the right to change above terms and conditions. Any changes to the above mentioned provisions come into force on the date indicated by the store on the day of announcement. Orders placed before the date of entry into force of the changes to these regulations are executed on the basis of the provisions in force on the date of placing the order.