§ 1.

The definitions.

 

  1. The Terms have used in the Regulations mean::

  1. The Supplier - the company through which the ordered product is delivered to the customer and with which SKYBUD Adrian Konieczny, Paweł Chlebowicz s.c. cooperates.

  2. The Working Day - a common calendar day, excluding Saturdays, Sundays and days designated as public holidays in the Republic of Poland;

  3. The Customer - a natural person, a legal person, an organisational unit without legal personality to which a law confers legal capacity, who purchases goods from the Seller via the shop, who may purchase goods in accordance with the law and with whom a sales agreement can be concluded in accordance with the law;

  4. The Consumer - a Customer who is a natural person within the meaning of Article 221 of the Act of 23 April 1964 on the Civil Code and concludes a legal transaction with SKYBUD Adrian Konieczny, Paweł Chlebowicz s.c. that is not directly related to his business or professional activity;

  5. The Account – an Account of the Customer through which an order can be placed, in which the Customer's data, the products placed in the shopping basket, the orders previously placed and the orders already completed are visible;

  6. The Entrepreneur - a natural person, a legal person and an organizational entity that is not a legal person and which the law gives legal capacity to carry out an economic activity;

  7. The Regulations - this document;

  8. The Shop – an online Shop operated by Adrian Konieczny & Paweł Chlebowicz, jointly under a Civil Partnership SKYBUD Adrian Konieczny, Paweł Chlebowicz s.c., tax identification number (NIP): PL8513245231, operating at the web-address: www.baushoponline.com;

  9. The Seller– Adrian Konieczny & Paweł Chlebowicz, jointly under a Civil Partnership SKYBUD Adrian Konieczny, Paweł Chlebowicz s.c., who operates the Shop, tax identification number (NIP): PL8513245231;

  10. The Product – a moveable item offered for sale by the Seller throughout the Shop;

  11. The Sales Agreement – an Agreement for the sale of a Product concluded between a Customer and the Seller throughout the Shop;

  12. The Order – an intended declaration submitted by a Customer via an Order Form, which is aimed directly at the conclusion of a Sales Agreement for a Product with the Seller.

  1. The use of the terms in paragraph 1 in a meaning other than that described above shall be clearly indicated.

  2. The term definitions such as: the "Distance Agreement", "off-premises Agreement" and "Business premises" used in the Regulations are the same as those defined in Article 2(1)-(3) of the Consumer Rights Act of 30 May 2014.

 

§ 2.

General information.

  1. These General Terms and Conditions set out the conditions for the placing orders and concluding agreements for the sale of goods between a Customer and the Seller throughout the Shop, including the Customer rights as well as the principles and procedures for the handling of complaints.

  2. Each Customer is obliged to comply with the provisions of these General Terms and Conditions, which are an integral part of a Sales Agreement concluded throughout the Shop. By placing an order, a Customer declares that he/she has familiarized him(her)self with the Rules of Procedure and accepts their content.

§ 3.

Account into the Shop.

  1. An account is created in the shop by filling out a form available on the website, which must provide at least the following information:

  1. a customer name,

  2. a residential or customer business address and the address to which a product is to be delivered,

  3. E-mail address, a telephone number,

  4. Login and password for registration.

  1. The opened account is linked to the email address provided by a customer.

  2. The Logging into account by a customer is compiled by entering the login and password provided in the form.

  3. A customer can delete the account at any time and without giving a reason by sending a corresponding request to the seller. The deletion of the account by a customer shall not have any negative consequences for a customer, in particular it shall not result in a customer having to pay fees, not being able to file complaints about the completed orders or not being able to submit new orders.

 

§ 4.

The Orders and Payment.

  1. A customer purchases the products by placing an order through the shop. The order is placed by adding a product to the shopping cart by selecting the "Add to Cart" option visible next to a product and then following the instructions on the shop order web page.

  2. A customer can place an order both after creating an account and without the need to create an account first. Then customer must specify at least the following when ordering:

  1. a customer name,

  2. a residential or customer business address and the address to which a product is to be delivered,

  3. E-mail address, a telephone number.

  1. Once an order has been placed, the Seller will confirm receipt and acceptance of the execution by sending a confirmation by email to an address provided by a Customer when setting up the account or placing an order. An email to the address provided by a Customer when setting up an account or placing an order. If the customer has got an account, an order is visible on the "Orders" tab. An order confirmation will be sent immediately, but no later than 48 hours after an order is placed.

  2. The seller is entitled to refuse to accept a customer's order for legitimate reasons, in particular if a customer has placed an order at least twice that was not received without reason, or if the circumstances indicate the possibility of fraud or other irregular behavior. The seller notifies a customer of an order rejection.

  3. The seller has got the right to refuse to process an order if the goods are unavailable, even if the unavailability is determined by the seller after a customer has placed an order. The seller informs a customer about the refusal to process an order, stating the reason, and returns the funds received to a customer's bank account from which the funds had been previously debited.

  4. A price of goods on the shop website is indicated in EURO. A customer is informed of the total price of an order, which includes in particular a product’s price, taxes, the delivery costs and all other costs after having placed the product in the shopping cart and having proceeded to the further stage of submitting an order, before it has been completed.

  5. A product payment is usually possible via the following forms:

  1. a credit card,

  2. Paypal.,

  3. the fast online transfers ("Przelewy24") - if this payment method is chosen, a customer will be redirected from the shop's website to the website of the above payment system. After being redirected to the “Przelewy24” payment system page, a customer must follow the instructions on the “Przelewy24” page to make a payment.

  1. When placing an order, a customer can indicate whether he/she would like to receive a receipt or an invoice sent with an ordered product.

  2. Any additional fees and charges resulting from the financial transactions carried out shall be borne by a customer.

  3. The discounts and special offers cannot be combined unless expressly stated in an offer.

 

§ 5.

The order processing - delivery.

The goods are delivered via a supplier, i.e. a company with the appropriate qualifications, experience and any necessary permits, which a customer chooses from among the companies offered by the seller.

The deadline for an order processing depends on the supplier selected by a customer and is indicated on the shop’s website, while a date of a product delivery to the supplier by the seller depends on the payment method, an ordered product type and the quantity of products and is in usually up to 7 days. A date shown does not apply to the delivery of custom orders marked on the shop’s website.

Regardless of a supplier choice, a customer is obliged to check that a packaging containing a product has not been damaged in transit before collecting or accepting the consignment. If it is found that a package has been damaged, a customer should:

  1. not accept the consignment;

  2. draw up a damage report in the presence of a courier;

  3. contact the seller immediately, but no later than within 48 hours, to inform him of the damage to a package and to resolve the matter.

  4. The transfer of a product to a customer takes place when the ordered products are handed over to the carrier, i.e. the selected courier company. At the same time, a customer declares that he authorises a courier to collect the goods on his/her behalf.

§ 6.

The agreement cancellation.

  1. A Consumer who has concluded a distance or off-premises agreement may withdraw from an agreement within 14 days without giving any reason and without incurring any costs, taking into account the § 2 regulation. In the case of an agreement that includes several items that are delivered separately, in lots or in parts, an agreement can be canceled within 14 days after receipt of the last item, lot or part.

  2. If a Consumer has chosen a different shipping method than the cheapest ordinary shipping method offered by the seller, the seller is not obliged to reimburse a Consumer for the additional costs incurred. The direct costs of returning a product returned to the shop after the withdrawal from an agreement are borne by a Consumer.

  3. A Consumer can withdraw from the contract by submitting a declaration to the seller of withdrawal from an agreement. In order to meet the deadline referred to in §1, it is sufficient to send the declaration before its expiry.

  4. The seller shall reimburse a Consumer without undue delay, but no later than within 14 days after receipt of a declaration referred to in §3 by a Consumer, for all payments made by the consumer, including the cost of delivering the goods. The seller will refund a Consumer's payment using the same payment method that a Consumer used, unless a Consumer has expressly agreed to another type of return that does not incur a cost to a Consumer.

  5. If the seller has not personally collected the goods from a Consumer, he/she must withhold payments made by a Consumer until he/she has received the goods back or until a Consumer has provided proof that he/she has sent the goods back, whichever event comes first entry. In the case of a Customer other than a Consumer and the entity referred to in §9, the seller shall withhold the return of payment until he/she has received the goods back and it has been determined that no damage has been caused to the goods.

  6. A Consumer is obliged to return the goods to the seller or to hand them over to a person authorized by the seller to receive the goods immediately, but no later than within 14 days from the day on which he withdraws from an agreement. The timely dispatch of the goods is sufficient to meet the deadline. A Customer is obliged to protect the goods received in an appropriate manner to avoid any defect or damage during transport.

  7. A Consumer is responsible for reducing a item value if it is used in a way that goes beyond what is necessary to establish the item’s nature, characteristics and functioning.

  8. The right to withdraw from an off-premises or distance agreement does not apply to a Consumer in relation to the agreements defined in Article 38 on the Consumer Rights of 30 May 2014, in particular agreements:

  1. where a subject matter of the performance consists of items which, by their nature, are inseparable from the supply of other items,

  2. where a price or remuneration depends on fluctuations in the financial market over which the seller has got no control and which may occur before the end of the withdrawal period from an agreement.

  1. The regulations of §6, items 1-8 also apply to a natural person who concludes an agreement that is directly related to their commercial activity if the content of the agreement shows that it is not of a professional nature for this person , which results in particular from the object of their commercial activity, which is available on the basis of the regulations of the central register and information on commercial activity.

 

§ 7.

The Complaint Procedure.

  1. The seller is liable towards a customer if a product sold has got a material or legal defect, in accordance with the regulations of the Civil Code of April 23, 1964. In the event of a defect in the product purchased from the seller, a consumer has the right to submit a complaint in accordance with the regulations on warranty of the Civil Code Act of April 23, 1964.

  2. If the goods have a defect, a customer can submit a declaration to reduce a price or withdraw from an agreement, unless the seller immediately and without unreasonable inconvenience for a customer exchanges a defective item for a defect-free one or eliminates the defect. This restriction does not apply if the item has already been replaced or repaired by the seller or the seller has failed to fulfill its obligation to replace an item with a defect-free one or to remedy a defect.

  3. Instead of the remedy of defects proposed by the seller, a consumer may demand that an item be replaced with an item free of defects or that a defect be removed instead of replacing it, unless bringing the goods into conformity with an agreement can be achieved in the manner and manner chosen by a consumer way is impossible or would require disproportionate costs compared to a way suggested by the seller. In assessing an unreasonableness of the costs, account must be taken of the value of the non-defective item, the nature and importance of a defect found, and the inconvenience to which a consumer would be exposed through other means of satisfaction.

  4. If a product has a defect, a customer can demand that the product be replaced with a product free of defects or that a defect be removed. The seller is obliged to replace a defective product with a defect-free product or to eliminate the defect within a reasonable time and without undue inconvenience for a customer. The Seller may refuse to fulfill a customer's demand if bringing a defective product into conformity with an agreement in the manner chosen by a customer is impossible or would involve excessive costs compared to the other possible ways of bringing a defective product into conformity with an agreement. If a customer is an Entrepreneur, the Seller can refuse to replace a product with a product defect- free or to remove a defect even if the costs of fulfilling this obligation exceed a price of a product sold.

  5. A customer who is not a consumer is obliged to inform the seller about the defects that are not hidden ones immediately, but no later than within 5 days after receipt of the goods, about the hidden defects immediately, but at the latest within 5 days of the discovering defects. Complaints must be made in writing by a person authorized to represent the goods. If the aforementioned deadlines are exceeded or if the prescribed form is not observed, warranty and guarantee complaints are forfeited and an agreement is not properly fulfilled. 

  6. A consumer should submit a complaint by e-mail to: contact@baushoponline.com or in writing to the Seller's HQ address.

  7. The seller shall not be liable for indirect defect and loss of profit, unless they result from an intentional breach of duty by a customer who is not a consumer.

  8. The seller's total liability for defects in the goods shall not exceed a price of the goods concerned. In the event that complaint arise in a higher amount or of a larger scope, a customer who is not a consumer declares that he/she shall indemnify the seller for the remainder of the debt.

  9. A customer may not withdraw from an agreement if the defect is insignificant.

  10. The seller may demand the return of a defective product in the event of delivery of a defect-free product to a customer.

  11. The complaints are accepted on the basis of a purchase proof submitted by a customer.

  12. In a complaint, a customer should specifically indicate:

  1. description of a detected defect,

  2. a desired way of solving a problem,

  3. a customer’s return contact data (name, address, e-mail, telephone number).

Together with a complaint, a customer should provide a product complained about. The Seller reserves the right to contact a customer to supplement the information contained in the complaint if the information provided by a customer is incomplete and it is impossible or excessively difficult to process a complaint.

  1. The seller is obliged to respond to a complaint of a consumer within 14 days of receipt of the demand. If the seller has not responded to a complaint within the above-mentioned period, he shall be deemed to have acknowledged a complaint.

  2. A customer will be notified of the complaint handling by email to a customer's email address provided in a complaint form or, if no such address is available, to a customer's residential or shipping address provided on a Complaint Form.

  3. A customer exercising warranty rights is obliged to deliver a defective product at the seller's place of business at the seller’s expense. If delivery of a product by a customer would be unduly difficult due to the nature of a product or the manner of its installation, a customer is obligated to make a product available to the seller at the place where a product is located.

  4. If a customer is not a consumer, he/she loses his/her warranty rights if he/she has not inspected the goods in the time and manner customary for goods of this type and has not notified the seller of a defect without undue delay, and if a defect has only become apparent at a later date if he/she has not notified the seller without undue delay after its discovery.

  5. The regulations contained in § 7 of these General Terms and Conditions that do not apply to a consumer(s) or that apply to a consumer(s) also apply to a natural persons who run a sole proprietorship if it is clear from the content of an agreement concluded that it is not of a professional nature for Entrepreneur, which is particularly evident from the object of his/her economic activity.

§ 8.

The Other Regulations.

  1. The regulations on the protection of a personal customer data can be found in the privacy policy on the shop's website, which forms an integral part of these General Terms and Conditions.

  2. These General Terms and Conditions are subject to change. The amended Terms and Conditions apply to the orders placed from a date the amendments come into effect, subject to the publication of the amended Terms and Conditions on the Shop's website in a manner that enables one to become acquainted with the amended regulation. The amended regulations will in no way affect the orders placed prior to the effective date of the amended regulations.

  3. All disputes arising from the execution of orders and the conclusion of agreements between the Seller and a Customer shall be subject to the jurisdiction of a Court having jurisdiction over the registered Seller’s HQ and polish law shall apply.

  4. The choice of law for the conclusion of agreements is a polish law, whereby the seller declares that the mandatory regulations of a consumer's country of origin, if it belongs to the European Union, will be observed. A consumer has the rights and claims against the seller that are provided for by the law of his/her country of origin.

  5. The Seller declares that the description of the goods and the manner of their use are contained on the Shop's website or attached to the goods, although the translation of certain phrases may differ from the corresponding phrases in the country of delivery. In case of doubts about the manner of use of the received goods, a customer is obliged to contact the seller or use the services of an English translator to determine the actual manner of the goods use.

  6. The chosen law for the conclusion of agreements with a customer whose place of origin is outside the European Union, is Polish one. In that case, the regulations in § 8 item 3 of the General Terms and Conditions shall also apply.

  7. In case of doubt about the interpretation of the agreements or in case of disputes, polish law shall apply. Likewise, in the event that it is not necessary to apply the regulations referred to in § 8 item 4, polish law shall apply exclusively.

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