TERMS OF SERVICE
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES OF THE INTERNET SHOP
3. CONDITION FOR ENTERING SALES CONTRACT
4. PAYMENT TERMS
5. DELIVERY TERMS
7. OUT-OF-COURT WAYS OF RESOLVING DISPUTE
8. WITHDRAWAL FROM A CONTRACT (ONLY APPLICABLE TO CONTRACTS ENTERED AFTER 24.12.2015)
9. PROVISIONS FOR ENTERPRENEURS
10. FINAL PROVISIONS
11. CONTRACT WITHDRAWAL FORM
This Internet Shop (passionandpassion.com) strictly observes all rights of the Customer. Legal rights of the Customer are always binding and replace any other regulations which might be less beneficial for the Customer.
1. General provisions
1.1. The Internet Shop, available at www.passionandpassion.com, is owned by BKK FASHION LIMITED LIABILITY COMPANY, based in Nowy Targ (address and correspondence address: ul. Smrekowa 33, 34-400 Nowy Targ); entered into the Register of the National Court Register, under KRS number 0000579660; the registration court, in which the file is kept of the company: the District Court for Kraków Śródmieście in Kraków, XII Commercial Division of the National Court Register; registered capital of 300 000,00 zł .; NIP: 7352864312; Code: 362702144 e-mail: email@example.com and phone number: 7949646
1.2. This Terms of Service are addressed both to individual Customers and Business Entities that cooperate with this Internet Shop (with an exception described in point 9 of these Terms referring to Business Entities only).
1.3. Service Provider is the Administrator of personal data used in the process of sales.
1.4.1. WORKING DAY - one day of the working week from Monday to Friday, with exclusion of bank holidays.
1.4.2. REGISTRATION FORM - a form available in the Internet Shop which allows to create an individual user account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in Internet Shop, used to place Orders (via adding Products to a virtual shopping cart), also used to determine conditions of Sales Contract (including payment terms and delivery terms).
1.4.5. CIVIL CODE - Civil Code Act of 23 April 1964. (OJ 1964 No. 16, pos. 93, amended.).
1.4.6. ACCOUNT - Electronic Service, marked with individual name (login) and password given by the Client, also the resources in the IT system of the Service Provider, which collects data provided by the Service and the information submitted by Client in the Internet Shop.
1.4.7. NEWSLETTER - Electronic Service, electronic distribution services provided by the Service Provider by e-mail, which allows all users to automatically receive information from service providers. Provided information may describe products, news and promotions in the Internet Shop.
1.4.8. PRODUCT - movable object available in the Internet Shop for purchase.
1.4.10. INTERNET SHOP - online shop service providers available at: www.passionandpassion.com.
1.5. SELLER; SERVICE PROVIDER - the company BKK FASHION LIMITED LIABILITY COMPANY, based in Nowy Targ (address and correspondence address: ul. Smrekowa 33, 34-400 Nowy Targ); entered into the Register of the National Court Register, under KRS number 0000579660; the registration court, in which the file is kept of the company: the District Court for Kraków Śródmieście in Kraków, XII Commercial Division of the National Court Register; registered capital of 300 000,00 zł .; NIP: 7352864312; Code: 362702144 e-mail: firstname.lastname@example.org and phone number: 794964646.
1.5.1. SALES CONTRACT - sales contract concluded between the Customer and the Seller through the Internet Shop.
1.5.2. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client through the online store.
1.5.3. RECIPIENT OF SERVICE - (1) a natural person with full legal capacity, and in the cases provided for by the rules generally applicable as a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, recognised by law legal capacity; - who use or intends to use the Online Service.
1.5.4. CONSUMER RIGHTS ACT, ACT - Act of 30 May 2014. On consumer rights (OJ 2014 pos. 827, as amended).
1.5.5. ORDER - Customer declaration of intent submitted by the Order Form and aimed directly to the Product Sale Agreement with the Seller.
2. ELECTRONIC SERVICES OF INTERNET SHOP
2.1. The online store offers the following Electronic Services Account, order form and Newsletter.
2.1.1. Account - the use of account is possible after a three consecutive steps taken by the Client - (1) completing the Registration Form, (2) clicking on the "Continue" and (3) confirmation desire to create accounts by clicking the confirmation link sent automatically to the specified e-mail address electronic. The Registration Form is necessary to provide the following information by the Service Recipients: name / company name, address (street, house number / flat, zip code, city, country), email address, contact telephone number and password. In the case of the Customers who are not consumers must also provide your company name and tax identification number.
126.96.36.199. Electronic Account service is provided free of charge for an indefinite period. The Client has the ability, at any time and for any reason, the removal of Accounts (resignation of Accounts) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com or writing to the address: ul. Smrekowa 33, 34-400 Nowy Targ.
2.1.2. Order Form - use the Order Form starts when adding the Customer First Product to an electronic shopping cart in the online store. Placing orders after the execution by the Client, including the next two steps - (1) after completing the Order Form and (2) click on the online store after filling the Order Form the "Confirm purchase" - until then, there is the possibility of self-modification of input data (including to do so, follow the prompts and information available on the online store). The Order Form is necessary to provide the Customer with the following data for the Customer: name / company name, address (street, house number / flat, zip code, city, country), email address, daytime telephone number and information regarding the Purchase Agreement: product / s, the number of product / s, place and manner of delivery of the product / s, method of payment. In the case of customers who are not consumers must also provide your company name and tax identification number.
188.8.131.52. Service Electronic order form is provided free of charge, and a one-off and is terminated at the time of placing the Order through it, or upon early termination of the Order, through it by the Client.
2.1.3. Newsletter - use of the newsletter after administration in the "Newsletter" visible on the online store e-mail address, which will be sent the next editions of the newsletter and clicked the "Send". To our newsletter, you can also save by checking the appropriate checkbox in the course of setting up accounts - with the creation of Accounts Client is stored in a newsletter.
184.108.40.206. Electronic Newsletter service is provided free of charge for an indefinite period. The Client has the ability, at any time and for any reason, unsubscribe from the newsletter (cancellation of the Newsletter) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or writing to the address: ul. Smrekowa 33, 34-400 Nowy Targ.
2.3. The Client is obliged to use the Internet Store in a manner consistent with the law and morality with respect for personal rights and copyright and intellectual property service providers and third parties. The Client is obliged to submit data consistent with facts. A recipient must not deliver any illegal content.
2.4. Complaint procedures:
2.4.1. Complaints related to electronic services or other complaints related to the operation of the Internet Shop (excluding Product complaint procedures which indicated in p. 6), can be submitted by the Service Recipients using the following methods:
2.4.2. In writing to the address: ul. Smrekowa 33, 34-400 Nowy Targ;
2.4.3. in electronic form via e-mail to the following address: email@example.com;
2.4.4. It is recommended that the complaint contains: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of irregularities; (2) form of order sought; and (3) the contact details of the complaining party - this will facilitate the process of processing your complaint by the Service Provider. The requirements listed in the previous sentence have the form of recommendations only and do not affect the effectiveness of the complaint made without the recommended description of the complaint.
2.4.5. Service Provider shall immediately reply to the complaint, not later than 14 calendar days from the date of its submission.
3. CONDITIONS FOR ENTERING THE SALES CONTRACT
3.1. Conclusion of the Sale Agreement between the Customer and Reseller occurs after the Customer submits the order(s) using an Order Form at the Internet Shop in accordance with paragraph. 2.1.2.
3.2. Product price shown in the Internet Shop is given in Polish zloty (PLN) and includes taxes. The Customer is informed about total price including taxes, as well as of delivery costs (including charges for transport, delivery and postal services) and other costs, during the process of order creation.
3.3. The procedure of Sales Contract at the Internet Shop by using the Order Form
3.3.1. Conclusion of the Sale Contract between the Customer and the Seller takes place after Customer submits his/her orders in the Internet Shop in accordance with paragraph. 2.1.2.
3.3.2. After placing orders Seller shall immediately confirm receipt of the Order, and at the same time accept the Order for execution. Seller confirms and accepts sales order by sending e-mail to the Customer. Upon receipt of the above e-mail Sales Contract is entered by the Customer and the Seller.
4. METHODS OF PAYMENT FOR THE PRODUCT
4.1. Seller provides the Customer with the following methods of payment:
4.1.1. Payment by bank transfer to the bank account of the Seller.
4.1.2. Electronic payments and credit card payments through the service Przelewy24.pl - possible current payment methods are specified at the Internet Store, information tab on Methods of Payment subpage and on the website http://www.przelewy24.pl/.
220.127.116.11. Settlement of transactions and electronic payments by credit card are carried out in accordance with the choice of the customer through the service Przelewy24.pl services for electronic payments and credit card payments:
18.104.22.168.1. Przelewy24.pl - the company Dialcom24 Sp. o.o. with its seat in Poznan (address: ul. Kanclerska 15, 60-327 Poznan) registered in the Register of the National Court Register under the number 0000306513, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, capital of 1.697. 000 zł, NIP: 7811733852.
22.214.171.124.1. Przelewy24.pl - the company Dialcom24 Sp. o.o. with its seat in Poznan (address: ul. Kanclerska 15, 60-327 Poznan) registered in the Register of the National Court Register under the number 0000306513, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, capital of 1.697. 000 zł, NIP: 7811733852.
126.96.36.199. Support for card payments is delivered by:
188.8.131.52.1. Przelewy24.pl - the company PayPro SA Settlement Agent, based in Poznan (address: ul. Kanclerska 15, 60-327 Poznan), entered into the Register of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register, under KRS 0000347935, NIP 7792369887, REGON 301345068th "
4.2. Date of payment:
4.2.1. If you choose Client transfer payments, electronic payment or payment by credit card, the you are obliged to make the payment within 7 calendar days from the date of the Sale Contract.
5. COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF
5.1. Product delivery is available across the whole world.
5.2. Delivery of product to the Customer is paid for by the Customer, unless the Purchase Agreement provides otherwise. Product delivery costs (including delivery and postal service cost) are displayed to the Client at Internet Shop - information tab on the cost of delivery and during the receipt of orders, as well as at the time of Sales Contract approval by the Customer.
5.3. Seller offers Customer the following Product delivery methods:
5.3.1. Courier post.
5.4. Deadline for delivery of the Product to the Customer amounts to 5 weeks, unless the description of the Product states otherwise . In the case of ordering products with different delivery times, the delivery date is the longest given term, which may not exceed 5 weeks. Start of the period of delivery of the Product to the Customer counts as follows:
5.4.1. If you choose payment method by customer transfer, electronic payment or credit card - from the day of booking incoming payment on the Seller's account.
6.1. Responsibility of the Seller towards the Customer, if sold product carries physical or legal defects, the warranty scope is defined by applicable laws, in particular the Civil Code (in particular Art. 556-576 of the Civil Code). For Sales Contracts entered into before 24 December 2014, the basis and scope of liability of the Seller to the Customer who purchases the product as a natural person for purpose unrelated to professional activities, defects of the Product will be considered according to applicable laws, in particular the Act of 27 July 2002 on special conditions of consumer sales and amending the civil Code (Journal of Laws of 2002 No. 141, item. 1176, as amended.).
6.2. Seller is obliged to provide the Customer with product without defects. Detailed information concerning Seller's responsibility for defects of Product, as well as Customer rights, is available at the Internet shop pages - information tab concerning the complaint.
6.3. The complaint may be filed by the customer, for example:
6.3.1. In writing to the address: ul. Smrekowa 33, 34-400 Nowy Targ;
6.3.2. in electronic form via e-mail to the following address: firstname.lastname@example.org;
6.4. It is recommended that the Customer provides: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) Customer's demands which may include Product repair, cash refund, or withdrawal from the Contract; (3) contact details of the complaining party - this will facilitate processing of the Complaint. The requirements listed above are only recommendations and do not affect the effectiveness of the complaint submitted without the recommended description.
6.5. Seller will address Customer complaints immediately, not later than 14 in calendar days from the date of its submission. No feedback from the Seller within the above stated period of time will mean that the Seller regards the Complaint as justified.
6.6. A Customer who wants to use his rights to complain is obliged to deliver the defective product to the following address: ul. Smrekowa 33, 34-400 Nowy Targ, at the expense of the Seller. If the Customer cannot provide the Product due its complicated nature or the method of the Product's installation, the Client is obliged to provide the product in the place where it is currently located.
7. NON-JUDICAL WAYS OF RESOLVING CLAIMS
7.1. Customer access to non-judicial ways of resolving claims are described in detail at the websites of district Consumer Advocates, social organizations focused on consumer protection, Provincial inspectorates of the Trade Inspection and the following Internet addresses Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A Consumer has the following ways of using non-judicial means of dealing with complaints and claiming damages:
7.2.1. The customer is entitled to address the permanent arbitration consumer court, as referred to in Article 37 of the Act of 15 December 2000 Trade Inspection (OJ 2001 No. 4 pos. 25, as amended.), with a request for resolution of dispute related to the concluded Sales Contract. The rules of organization and operation of permanent Consumer Courts of Arbitration is determined by directive of Minister of Justice from 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws 2001, No. 113, item. 1214).
7.2.2. A customer is entitled to address the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 Trade Inspection (OJ 2001 No. 4 pos. 25, as amended), with a request to initiate mediation to resolve dispute between Customer and Seller. Information on the rules and mode of mediation procedure conducted by the provincial inspector of Trade Inspection contact information is available on the premises and on the websites of the individual Provincial Inspectorates of the Trade Inspection.
7.2.3. The customer can get help in the settlement of the dispute between the Customer and Seller from district (municipal) Consumer Advocate or from social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Additionally, advice is given by the Consumer Center at email@example.com and by the Association of Polish Consumers and the Foundation for Consumers hotline number 801 440 220 (call center open on weekdays from 8:00 - 18:00).
7.3. There is an Online Dispute Resolution Platform available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website delivering service for consumers and businesses seeking extrajudical settlement of the dispute concerning contractual obligations arising from the sales contract or service contract.
8. RIGHT TO WITHDRAW FROM THE CONTRACT
(FOR SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. Consumer who has a Remote Contract may, within 14 calendar days withdraw from it without giving any reason and at no cost, with the exception of those referred to in point. 8.8 of these Terms. Statement of cancellation may be made in the following manner:
8.1.1. In writing to the address: ul. Smrekowa 33, 34-400 Nowy Targ;
8.1.2. in electronic form via e-mail to the following address: firstname.lastname@example.org;
8.2. A template of withdrawal form is available in Annex 2 to the Law on Consumer Rights and also is available in point. 11 of these Terms and at the Internet Store - tab on the withdrawal. The consumer may use the model form, but it is not mandatory.
8.3. Time for indicating withdrawal begins:
8.3.1. At the moment when Customer receives the Product from the Seller. In case of a contract which: (1) includes a lot of products that are delivered separately, in lots or in parts - from the day the last Product lot or piece is delivered to Customer or (2) is based on the regular supply of products for the time duration - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of the contract.
8.4. In the event of withdrawal from a Remote Contract, the Contract is considered null and void.
8.5. Seller shall immediately, not later than in 14 calendar days from the date of receipt of Customer contract withdrawal statement, refund all payments made by the Customer, including the cost of delivery of the Product (with the exception of additional costs resulting from the Customer's method of delivery other than cheapest usual supply available in the online store). Seller shall refund payments by the same method of payment as used by the Customer, unless the Customer chooses otherwise, at no time triggering any costs for Customer. If the Seller does not propose that he collects the Product from the Customer, he may withhold the until collecting the Product or until Customer produces evidence of return, whichever occurs first.
8.6. Customer is obliged to immediately, not later than in 14 calendar days from the date of withdrawal from the Contract, return the Product to Seller or hand it over it to a party authorized by the Seller to receive it, unless the Seller decides otherwise. Products should be returned to: ul. Smrekowa 33, 34-400 Nowy Targ.
8.7. The consumer is responsible for Product value decrease caused by inappropriate Product use.
8.8. Possible costs related to the Contract withdrawal, which will be covered by the Customer:
8.8.1. If the Customer chooses delivery method other than the cheapest usual supply available in the Internet Shop, the Seller is not obliged to refund additional delivery costs.
8.8.2. The Customer pays the direct cost of returning the Product.
8.8.3. If the Product is a Service whose delivery, based on the Customer request, began within the 14-day notice period, the Customer is obliged to pay for services delivered until withdrawal. The price is calculated proportionally to the extent of service delivered, respectively to the contractually agreed service cost. If the calculated price is excessive, average market based price is used instead.
8.9. The right for withdrawal from a Remote Contract does not apply in case of contracts:
8.9.1. (1) related to Services delivered fully before Customer's decision of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market over which Seller has no control, and which may occur before the deadline to withdraw from the agreement; (3) the object of which is the provision of non-prefabricated product, manufactured according to the specifications of the consumer or used to satisfy the personalized needs; (4) where delivered Product undergoes rapid decay or has a short shelf life; (5) the subject of which is the provision of product delivered in a sealed container, and which cannot be returned after opening the package due to health protection or hygiene reasons, if it were unsealed after delivery; (6) where delivered Products, due to their nature, are inextricably linked to other things.
9. PROVISIONS FOR ENTREPRENEURS
9.1. This section of the Terms and the provisions contained in it apply only to Clients and the Customers not being consumers.
9.2. Sellers have the right to withdraw from the Sales Agreement concluded with the Client which is not a consumer within 14 calendar days from its conclusion. Withdrawal from the Sales Agreement in this case may be effected without giving any reason and is might not be the basis for any claims of Client against the Seller.
9.3. In the case of customers who are not consumers, the Seller has the right to restrict the available methods of payment, as well as to require prepayment in whole or in part, regardless of the payment method chosen by the Client and the fact of entering Sales Contract.
9.4. Customer who is not a consumer becomes responsible for any benefits or liabilities related to the Product, as well as risks related to Product loss, at the moment the Product is handed over to the Carrier. Seller is not responsible for the above, as well as for delays in delivery..
9.5. Customer who is not a consumer is obliged to properly check the Product for damage when it is delivered by the carrier. In case of Product damage, the Customer is responsible for taking necessary steps and to evaluate the carrier's responsibility.
9.6. Under art. 558 § 1 of the Civil Code, Seller's liability under the warranty for the Product is not applicable.
9.7. In the case of Customers not being consumers Service Provider may terminate the contract for the provision of Electronic Services with immediate effect, without indicating the reason, by sending an appropriate statement.
9.8. The responsibility of the Service Provider / Seller in relation to the Client / Customer who is not a consumer, regardless of its legal basis, shall be limited - both for a single claim, as well as for any claims in total - to the amount of the price paid and delivery costs in respect of the Sale Contract, but not more than to the amount of one thousand. The Service Provider / Seller is liable in relation to the Client / Client who is a consumer only for typical damage predictable at the time of conclusion of the contract and shall not be liable for loss of profit in relation to the Client / Customer who is not a consumer.
9.9. Any dispute arising between the Seller / Service Provider and the Client / Service Recipient which is not the consumer shall be subject to court proceeding in the court of local jurisdiction for the Seller / Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded by the Internet Shop are concluded in the Polish language.
10.2.2. In case of long-term Contracts concluded with respect to these Terms (e.g. Customer Account service), the updated Terms are binding for the Customer if the Customer was properly notified based on Article 384 and 384  of the Civil Code, and if the Customer did not terminate the Contract within 14 calendar days from the date of notification. In the event that the change of the Rules resulted in introduction of any new taxes or price increase, the Customer who is a consumer has the right to withdraw from the Contract.
In the case of other Contracts concluded on the basis of these Terms (eg. Sales Contract) no amendments to the Regulations shall limit the rights of the Consumer prior to the changes implementation. In particular no amendments to the Regulations will have impact on the already placed Orders and concluded, implemented or executed Sales Contracts.
10.3. To all matters not settled herein, general Polish laws are applicable; in particular the Civil Code: Act on electronic services from 18.07.2002 (Journal of Laws of 2002 No 144, item 1204, as amended); for Sales Contracts concluded up to 24 December 2014 with customers which are consumers - the provisions of the law on protection of consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws of 2000, No. 22, item. 271, as d.) and the Act on special conditions of consumer sales and amending the civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended.); for Sale Agreements concluded from 25 December 2014 with customers which are consumers - the provisions of the law on consumer rights of 30 May 2014 (OJ 2014. pos. 827 as amended.); and other relevant provisions of applicable law.
11. EXAMPLE OF CONTRACT WITHDRAWAL FORM (ANNEX 2 TO CONSUMER RIGHTS ACT)
Contract withdrawal form template - DOWNLOAD
(This form should be filled in and sent only in case of contract withdrawal)
BKK FASHION SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Smrekowa 33, 34-400 Nowy Targ
- I/we hereby inform that I / we withdraw from the Sales Contract of the following items (*) delivery contract of the following items (*) contract of specific work related to the production of the following items (*)/to delivery of the following services(*)
- Date of Contract conclusion (*)/ date of delivery
- Name and surname of the Consumer(s)
- Consumer (s) address
- Consumer(s) signature (s) (only in case of paper-based version)
* delete as appropriate