Online shop regulations
§ 1. General Provisions
- These Regulations set forth the rules for making purchases in the online shop operated by the Seller at the address https://shop.bobbiny.com/pl/ (“Online Shop”).
- The seller is Tomasz Urbaniak, conducting business activity under the name Tomasz Urbaniak, address: ul. Jana Olbrachta 94A, 01-102 Warszawa, NIP [Tax ID No.]: 5252203113, REGON [Business Reg. No.]: 017205074 (“Seller”).
- The Seller can be contacted:
- by phone: +48 538 443 352
- by email: firstname.lastname@example.org
- These Regulations shall be permanently available on the website www.bobbiny.com in such a way that their content can be obtained, reproduced and recorded by printing it or saving it on a data carrier at any time.
- The Seller informs that using services provided electronically may involve a risk for each Internet user consisting in the possibility of introducing harmful software to Customers’ ICT systems and in obtaining and modifying their data by unauthorised persons. To avoid this risk, Customers should apply appropriate technical measures that minimise it, in particular anti-virus software and a firewall.
§ 2. Definitions
The terms used herein shall have the following meaning:
Customer or you – a natural person with full legal capacity, natural person conducting business activity, legal entity or organisational unit without legal personality to which special regulations grant legal capacity, who places an Order with the Online Shop or uses other Services available in the Online Shop;
Civil Code – the Act of 23 April 1964 (JoL RP No. 16 item 93, as amended);
Account – a part of the Online Shop assigned to a Customer which allows the Customer to perform certain actions within the Online Shop;
Consumer – a Customer making a legal transaction with the Seller (in particular, concluding a Sales Agreement) not directly related to his/her business or professional activity;
Regulations – this document;
Goods – any product presented in the Online Shop and described accordingly;
Sales Agreement – a sales contract for Goods as defined by the Civil Code, concluded by and between the Seller and the Customer;
Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (JoL RP No. 144 item 1204, as amended);
Copyright Law – the Act of 4 February 1994 on Copyright and Related Rights (JoL RP of 2019 item 1231, consolidated text, as amended);
Order – the Customer’s declaration of intent aimed directly at concluding a Sales Agreement and specifying in particular the type and quantity of Goods.
§ 3. Rules of use of the online shop
- The use of the Online Shop shall be possible provided that your ICT system meets the following minimum technical requirements:
- a computer or mobile device with Internet access,
- access to e-mail,
- web browser: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
- The use of the Online Shop shall mean your any activity as a result of which you familiarise yourself with the Shop’s content.
- You shall in particular:
- not provide or transmit any content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
- use the Online Shop in a manner that does not disrupt its functioning, in particular through the use of specific software or devices,
- refrain from any action such as: distribution of unsolicited commercial information (spam) through the Online Shop or posting it on the Online Shop’s website,
- use the Online Shop in a manner not burdensome for other Customers and the Seller,
- use any content of the Online Shop solely for your own personal use,
- use the Online Shop in a manner compliant with the law in force in the Republic of Poland, the provisions of these Regulations, and with the general principles of using the Internet.
§ 4. Services
- The Seller shall enable you to use the Services referred to below free of charge via the Online Shop. The Services shall be provided by the Seller 24/7.
- The Service of maintaining an Account at the Online Shop shall be available upon registration.
- In order to register in the Online Shop, you must fill in the registration form, giving your full name or username (pseudonym), email address and password, as well as accept the Regulations and agree to the processing of your personal data to the extent necessary for the proper performance of electronically supplied services, including the execution of your Orders. The agreement for the supply of the Service consisting in maintaining an Account at the Online Shop shall be concluded for an indefinite period of time and terminated as soon as you submit a request for deletion of your Account.
- Once you have created an Account in the Online Shop, logging in shall each time require using the data provided in the registration form.
- An Account shall be deleted if an email is sent to the address email@example.com requesting the Account deletion and quoting the email address registered in the Online Shop.
- You can send messages to the Seller using the contact form. The agreement for the supply of the Service consisting in the provision of an interactive form to enable you to contact the Seller shall be concluded for a definite period of time and terminate upon the Seller’s reply.
- You can receive commercial information from the Seller in the form of messages sent to the email address provided by you (Newsletter Service). To this end, you should provide your correct email address or activate the corresponding field in the registration form or the Order form. You can withdraw your consent to receive commercial information at any time. The agreement for the supply of the Newsletter Service shall be concluded for an indefinite period of time and terminated when you send a request to remove your email address from the Newsletter mailing list or unsubscribe using the relevant link in a Newsletter received.
- You can post on the Online Shop’s website a photo presenting the Goods or how they are used. Posting a photo, you declare that you own all rights to this photo, in particular author’s economic rights, related rights and industrial property rights.
- Posted reviews and photos shall be distributed on the Online Shop’s pages. By posting a review or photo, you agree to a free of charge use of that review or photo and its publication by the Seller, as well as to a compilation of works within the meaning of the Copyright Law.
- The agreement for the supply of the Service consisting in posting Goods reviews or photos on the Online Shop’s website shall be concluded for a definite period of time and terminate as soon as the review or photo is added.
- If you violate the provisions of these Regulations, the Seller, after a prior ineffective call for cessation or removal of the violations setting an appropriate deadline, shall have the right to terminate the agreement for the supply of the Services subject to a 14-day notice.
- In the case of a serious violation of the provisions hereof by you, the Seller shall have the right to, regardless of the call to cease violations, immediately block your access to your Account. The access shall be restored if the violations are removed within the period indicated in the call.
- The Seller shall have the right to delete your Account, and thus to terminate the agreement for the supply of the Services, if the Account is inactive, i.e. if there has been no activity on your part for a period of 1 year.
§ 5. Buying in the online shop
- The main Goods sold by the Online Shop are cords made from recycled cotton yarn. The Goods are brand new. Due to the specific nature of the material, i.e. cotton, the cords may pill or lose their colour. They may also differ in shape, texture or colour within the same product type. These features shall not constitute grounds for complaint.
- Information on the Goods provided on the Online Shop’s pages, in particular their descriptions, technical and usability parameters and prices, constitutes an invitation to conclude an Agreement as defined in Article 71 of the Civil Code.
- All the prices quoted on the Online Shop’s pages are gross prices (VAT included) in Polish zloty, euro or US dollars, depending on the country to which the Goods are to be shipped. The proper currency will be set automatically for the country from which an Order is placed. The prices do not include shipping costs, customs clearance fees and customs duties. The total price for the Goods comprises the price quoted in the Online Shop, delivery costs, customs clearance costs and customs duties, if applicable.
- The Seller shall have the right to organise occasional competitions and promotions, the terms of which shall each time be made available on the Shop’s website. Promotions in the Online Shop cannot be combined, unless the Terms and Conditions of a given promotion state otherwise.
- Order placement shall be conditional upon reading and agreeing to these Regulations, and registration on the Online Shop’s website in accordance with § 4(2)-(5) hereof.
- Orders can be placed in the Online Shop 24/7, all year round.
- To place an Order effectively, you should:
- add Goods to your shopping cart on the Online Shop’s website,
- fill in the Order form with the true and complete details, in particular contact details, including the accurate address to which the Goods are to be sent, telephone number and email,
- choose the delivery and payment method from among those available in the Online Shop,
- confirm the placement of the Order with obligation to pay by clicking the appropriate button.
- If the details provided are incomplete, the Seller shall have the right to cancel the Order.
- Upon the successful Order placement, you shall receive an automated response confirming that your Order has been accepted.
- The Sales Agreement shall be concluded at the moment when you receive the email message confirming that your Order has been accepted by the Seller.
- Order processing shall begin:
- in the case of payment by traditional money transfer – immediately after the payment is credited to the Seller’s bank account,
- in the case of instant payment – immediately after payment confirmation by the selected portal,
- in the case of cash on delivery – immediately after the Seller confirms the acceptance of the Order.
- The Order shall be executed within 7 (seven) working days unless otherwise indicated on the Online Shop’s website.
- You agree to the issuance and delivery by electronic means, to the email address provided by you, of billing documents such as: proof of purchase (receipts, invoices and corrective invoices) and forms (order confirmation, etc.).
§ 6. Delivery & Payment
- You shall be obliged to pay the price for the Goods comprising the price quoted in the Online Shop, delivery costs, customs clearance costs and customs duties, if applicable.
- The Seller accepts the following forms of payment (available depending on your chosen form of delivery):
- traditional money transfer (including a direct deposit into the Seller’s bank account),
- instant payment (Przelewy24, PayPal),
- cash on delivery (in Poland only).
- After choosing an instant payment, you will be redirected to the relevant bank’s transaction service. When you log in, you will see a ready-made payment form with the proper amount, payment reference and payee’s details, awaiting your acceptance. Once the payment is accepted, you will be redirected back to the Online Shop’s website.
- In the case of payment via a traditional money transfer or a direct deposit into the Seller’s bank account, the payment reference field should include: the Customer’s full name/company name and the Order number. The bank account number for the transfer depends on the currency in which the payment is made. You shall check the current and correct bank account number in the relevant tab on the Online Shop’s website.
- If the payment is not received within 7 working days from your receipt of an email confirming the acceptance of the Order by the Seller, the Seller shall have the right to cancel the Order.
- Available forms of delivery shall be as follows:
- collection in person,
- InPost parcel locker,
- courier service,
- Poczta Polska.
§ 7. Gift cards
- In the Online Shop, the Customer may purchase a bearer voucher enabling the Customer to pay the price in the Online Shop up to the value of cash accumulated on this voucher, which shall be transferred to the Customer in digital form (“Gift Card”).
- The Seller shall send the Gift Card in the form of a PDF file/make the Gift Card available on the Customer’s account immediately after the payment is received. The Gift Card shall be activated at the moment of its transfer to the Customer.
- The Gift Card shall be valid for one year from the date of its activation.
- Cash accumulated on the Gift Card shall not bear interest.
- The Gift Card is not an electronic payment instrument or electronic money instrument.
- The Gift Card is not refundable or exchangeable for cash.
- The issuer shall only accept original and active Gift Cards for redemption in the Online Shop.
- Payment in the Online Shop using the Gift Card shall consist in entering the Gift Card number in places made available in the Online Shop and its acceptance. When the Order placement is confirmed, the Gift Card balance shall be reduced by an amount equivalent to the price of the Goods ordered. If the cash accumulated on the Gift Card is not sufficient to pay the price, the Customer shall make a relevant additional payment using other form of payment.
- The Customer may use the Gift Card repeatedly until the cash accumulated on the Card is exhausted. Gift Cards cannot be topped up.
- If the Customer withdraws from the Gift Card sales agreement, the Customer shall be refunded by the Seller for the Gift Card balance as at the date of the Customer’s last transaction using the Card.
§ 8. Withdrawal from the agreement
- A Customer who is a Consumer shall have the right to withdraw from a distance contract within 14 days without giving any reason. The period for withdrawal shall begin at the moment of the delivery of the Goods to the Consumer or a person, other than the supplier, indicated by the Consumer.
- In order to exercise his/her right of withdrawal, the Consumer must inform the Seller about this by sending an explicit statement to this effect by post or email to the addresses indicated herein.
- The Consumer may use the withdrawal form template forming an appendix hereto.
- The time limit for withdrawal shall be considered observed if the Consumer sends information on the exercise of his/her right of withdrawal before the expiry of the period referred to in section 1 above.
- The Consumer shall return the Goods within 14 days from the date of his/her withdrawal from the agreement. The costs of returning the Goods shall be borne by the Consumer.
- In the case of the Consumer’s withdrawal from an agreement concluded, the Seller shall immediately, and in any case no later than within 14 days from the receipt of the statement of withdrawal, reimburse the Consumer for all payments received from him/her. The Seller shall not be obliged to reimburse the Customer for the costs of shipping the Goods to the Customer if the Customer returns only some of the Goods and the shipment costs would be the same regardless of whether the shipment would include the returned Goods or not. Furthermore, if the Consumer chose the form of delivery of the Goods other than the cheapest one offered by the Seller, the Seller shall not be obliged to reimburse the Customer for these additional costs.
- The Seller may withhold reimbursement until the receipt of the Goods or until the receipt of the proof of their returning, whichever is sooner. The proof of returning the Goods presented to the Seller shall include at least an indication of the sender and the recipient, such information being clearly legible.
- The Seller shall reimburse the Consumer using the same forms of payment as those used by the Consumer in the original transaction, unless the Consumer agrees to a different solution.
- The Seller shall not accept cash on delivery parcels or parcels sent to a parcel locker, and shall not bear the costs of returning (return shipping) the Goods by the Customer.
- The Consumer shall be liable for any diminished value of the Goods resulting from his/her use of the Goods in a manner other than necessary to establish the nature, characteristics and functioning of the Goods.
- The Consumer shall not have the right to withdraw from the Agreement in relation to contracts listed in Article 38 of the Act of 30 May 2014 on Consumer Rights, in particular in relation to the contracts:
- where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs,
- where the performance consists of goods delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery,
- where the performance consists of goods prone to rapid decomposition or which expire rapidly,
- where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery,
- for the delivery of digital content which is not recorded on a physical medium, where the provision of the service commences upon the consumer’s explicit consent before the time limit for withdrawal from the contract expires and after the consumer is notified by the trader of the loss of the right to withdraw from the contract.
- No other entity than a Consumer shall be entitled to withdraw from the Agreement, subject to the provisions of § 10 hereof.
§ 9. Statutory warranty for defects in the case of customers being consumers
- The Seller shall deliver Goods free from defects.
- In the event of a defect in the Goods, the Consumer can lodge a complaint about the defective Goods under the statutory warranty regulated in the Civil Code. It is presumed that if the Consumer lodges a complaint within 12 months from the delivery of the Goods, a defect in the Goods already existed at the moment of their delivery.
- The Seller shall be liable under the statutory warranty only for those physical defects which existed at the moment of handing the Goods over to the Consumer or have resulted from a cause inherent in the Goods as at the moment of handing them over to the Consumer. The Seller shall not be held liable for defects, including damage, destruction, changes in the Goods (e.g. fading), caused by their normal use or for any defects arising as a result of their improper use.
- The colours of Goods shown in the photos in the Online Shop may differ slightly from the actual ones, depending on the monitor settings. In addition, individual batches of Goods may differ in colour. Possible differences in colour shall not constitute grounds for complaint.
- Exercising his/her rights under the statutory warranty, the Consumer may, on the terms and within the time limits set out in the Civil Code, do one of the following:
- make a statement demanding price reduction,
- in the case of a material defect, make a statement of withdrawal from the Agreement,
- demand replacement of the defective Goods with Goods free from defects,
- demand rectification of the defect.
- The complaint shall include details making it possible to identify the Consumer (full name, correspondence address, email address, order number), subject of the complaint (e.g. type and date of the defect), and demands connected with the complaint. Should the complaint received be incomplete, the Seller shall call for its completion under pain of not handling the complaint. Complaints under the statutory warranty shall be submitted by post or electronically to the Seller’s addresses indicated herein. The Consumer can use the complaint form forming an appendix hereto. The complaint report must be accompanied by appropriate documentation (photos, videos).
- The Seller shall handle the complaint within 14 days from the receipt of the complete complaint.
- The Seller shall be liable under the statutory warranty if a complaint is lodged within two years from handing the Goods over to the Consumer.
- The complaint-related provisions of sections 1-8 of this paragraph shall apply only to agreements concluded with Consumers, subject to the provisions of § 10 hereof. In the case of Customers who are not Consumers, the statutory warranty terms set out in § 10 hereof shall apply.
- The Customer may file a complaint with the Seller regarding the functioning of the Online Shop and the use of the Services by post or email to the Seller’s addresses indicated herein. The complaint shall include the Customer’s full name and correspondence address and the type and description of the problem. The Seller shall handle the complaint within 14 days from the receipt of the complete complaint.
§ 10. Provisions for Customers who are not Consumers
- In the case of Customers who are not Consumers, complaints are regulated by the provisions of this paragraph. For the avoidance of doubt, the Parties agree that the stipulated rights shall exhaust all rights and claims of these Customers under the statutory warranty.
- The Seller shall be liable under the statutory warranty only for those physical defects which existed at the moment of handing the Goods over to the Customer or have resulted from a cause inherent in the Goods as at the moment of handing them over. The Seller shall not be liable for defects, including damage, destruction, changes in the Goods (e.g. fading), caused by their normal use or for any defects arising as a result of their improper use.
- The colours of Goods shown in the photos in the Online Shop may differ slightly from the actual ones, depending on the monitor settings. In addition, individual batches of Goods may differ in colour. Possible differences in colour shall not constitute grounds for complaint.
- The Customer shall examine the Goods in terms of quantity and quality upon their handover. The Customer shall lose all rights to pursue any claims against the Seller connected with the purchase of the Goods if the Customer fails to examine the Goods upon their receipt or if the Customer, having examined the Goods, fails to notify the Seller immediately about noticed defects or irregularities.
- All complaints shall be lodged with the Seller immediately, in paper form or as an email message, to the Seller’s addresses indicated herein. A complaint lodged shall include the following details identifying the purchase of the Goods: Order number, date of handing the Goods over, place of delivery, indication of the Goods subject to the complaint, reason for the complaint and determination of the claim (value of the claim, expected manner of complaint settlement).
- Complaints about visible physical defects of Goods resulting from transport shall be reported by the Customer immediately upon their discovery, no later than on the date of handover of the Goods. A complaint to this effect can be lodged subject to the submission of a written report drafted by the Customer or a person authorised by it and an employee/representative of the delivery service provider on the date of handing the Goods over, accompanied by relevant documentation (photos, videos, etc.).
- Complaints about visible physical defects other than defined in section 6 above, including about shortages, shall be reported by the Customer immediately upon their discovery, no later than within 3 (three) days from the date of handover of the Goods, unless the Seller has agreed ( in paper form or by email) to an extended time limit. Where the Goods are delivered in batches, the time limit specified in the preceding sentence shall run from the date of handover of the last batch. A complaint to this effect can be lodged subject to the submission of relevant documentation (photos, videos, etc.).
- Complaints about hidden quality defects which could not be detected despite a thorough examination of the Goods, shall be lodged with the Seller in paper form, immediately after their detection, no later however than within 3 (three) months from the date of handover of the Goods.
- Failure to lodge a complaint within the time limits stipulated above or failure to submit the required documents shall result in losing by the Customer the right to any claims against the Seller under the statutory warranty.
- The Customer shall deliver the Goods subject to the complaint to a place indicated by the Seller, at the Customer’s own expense under the pain of losing the right to any claims against the Seller.
- If the complaint is found valid, the Seller reserves the right to choose the way of its final settlement.
- Satisfaction of the Customer’s claims in the manner described above shall exclude any further claims for compensation in this respect in the future, in particular seeking damages on general terms.
- If the Seller acknowledges the Customer’s entitlement to replacement of the defective Goods with Goods free from defects, the Customer shall return the Goods being replaced in advance without any additional call for return. If the Customer fails to return the Goods within 14 (fourteen) days from the delivery of the decision on the acknowledgement of the complaint, the complaint procedure shall be deemed to be terminated and the Customer shall not be entitled to make any claims against the Seller in this respect.
- The Seller shall not be held liable for any indirect or consequential loss, pure economic losses and lost profits of the Customer. In each case, the Seller’s liability shall be limited to the net price actually paid by the Customer for the Goods with which the claim for non-performance or improper performance of the obligation is connected.
- The provisions on withdrawal from the agreement set out in § 8 hereof and provisions on the statutory warranty set out in § 9 hereof shall apply accordingly to a natural person concluding an agreement directly connected with his/her business activity, if it results from the wording of this agreement that it is not of a professional nature for this person, in particular as it is shown by the objects of this person’s business activity provided on the basis of the provisions on the Central Registration and Information on Economic Activity (CEIDG).
- If during an Order placement process entrepreneur details (such as NIP [Tax ID No.] or REGON [Business Reg. No.]) are provided, it shall be assumed that the Customer is not a Consumer and that the Customer concludes an agreement directly connected with its business activity, and that the agreement is of a professional nature for the Customer.
- The Customer who is not a Consumer and who wishes to exercise the rights referred to in section 15 above must demonstrate that the agreement concluded is directly connected with his/her business activity, but it is not of a professional nature for him/her, in particular providing the Seller with relevant documents (e.g. CEIDG printout with data accurate as at the moment of conclusion of the Agreement).
§ 11. Out-of-court complaint and redress procedures
If you are a Consumer, you shall have, among others, the following possibilities as regards out-of-court complaint and redress procedures:
- you are entitled to apply to the Permanent Consumer Courts of Arbitration operating at the Trade Inspection Authority for settlement of a dispute arising from the concluded Sales Agreement;
- you are entitled to apply to the relevant Voivodeship Inspector of the Trade Inspection Authority for the initiation of mediation proceedings regarding the amicable settlement of the dispute between you and the Seller;
- you can obtain free assistance in resolving a dispute between you and the Seller, using also free assistance of district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumers’ Association). You can obtain advice from the Consumer Federation calling their free Consumer Helpline 800 007 707 or from the Polish Consumers’ Association writing them at firstname.lastname@example.org;
- you can lodge a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 12. Personal data protection
§ 13. Copyrights
- All text, photo, graphic, sound and video materials and parts thereof as well as their arrangement in the Online Shop are subject to legal protection and constitute the Seller’s intellectual property. Their copying, distribution, modification and publication without the Seller’s written consent shall be prohibited. Some of the photo elements on the Online Shop’s pages are the property of third parties and are protected by these entities’ copyrights.
- All rights, including intellectual property rights, to the Online Shop, its name and its Internet domain are the sole property of the Seller, and may be used only in compliance with these Regulations and applicable law.
- Unless stated otherwise, all marks used in the Online Shop are reserved by the Seller, in particular the logotype and logomark “BOBBINY”.
- Any use of the trademark “BOBBINY” without the Seller’s consent shall be prohibited, in particular its use as a domain name, business designation or company name of an entrepreneur.
- Information presented in the Online Shop is provided “as is”, with no warranties, express or implied. The Seller has made every effort to ensure that the material in the Online Shop is up-to-date and complete, but it may not be free from errors and inaccuracies. In no event shall the Seller be held liable for any direct or indirect losses resulting from the use of the Online Shop, nor shall the Seller be held liable for any damage to Customers’ devices during their use of the Online Shop or for any viruses that may infect these devices, in particular in connection with downloading any material, file, text, image, graphics, sound or video from the Online Shop. The Seller may publish links to other websites and shall not be responsible for any material contained thereon.
- No licences for use of the Seller’s intellectual property shall be made available by the Seller via the Online Shop.
- Any infringement of the rights referred to in this paragraph shall be subject to penalties provided for by the Criminal Code and the Copyright Law, which penalties shall be strictly enforced by the Seller.
§ 14. Final provisions
- Each order placed with the Shop shall constitute a separate Agreement and shall require a separate acceptance of the Regulations. An Agreement shall be concluded for the time and for the purpose of execution of a given order.
- The Seller reserves the right to amend the Regulations. Such amendments shall come into effect at the time expressly indicated by the Seller, however no sooner than 7 days after their announcement. Orders placed prior to the coming into effect of the amendments referred to in the previous sentence shall be processed in accordance with the rules in force at the time of their placement.
- Any disputes arising between the Seller and the Customer who is not a Consumer shall be settled by the court having jurisdiction over the Seller’s registered office.
- In matters not regulated herein, the relevant provisions of Polish law shall apply.
- These Regulations are valid as of 15.07.2021.