REGULATIONS OF THE CANNA-BOHEMIA.PL ONLINE STORE
Contact and communication between the Seller and the Customer:
– by e-mail at email@example.com “>firstname.lastname@example.org
|Delivery Time||the time during which the Product is delivered to the address indicated by the Customer in the Order, the Delivery Time does not apply if the Customer chooses the option of personal collection|
|Order Processing Time||the time during which the order is completed and then delivered to the supplier in order to deliver the Product to the address indicated by the Customer; The Order Processing Time does not include the Delivery Time|
|Working days||means days of the week from Monday to Friday (excluding public holidays)|
|Customer||an entity with full legal capacity, which, under the conditions specified in the Regulations, places an Order in the Online Store and for the benefit of which services are provided electronically by the Seller|
|Consumer||a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity|
|Account||Service provided electronically; a modifiable element of the Store, created after Registration by the Customer, in which the Customer’s data and documentation related to his Orders are collected|
|Shopping cart||service provided electronically; a form constituting an integral part of the Store’s purchasing system, in which the Customer specifies and approves the subject and terms of the Order|
|Product||books, e-books, audiobooks, tickets, available in the Online Store, which may be the subject of a Sales Agreement; the essential and specific properties of each Product are made available on the Store subpage assigned to it|
|Regulations||these regulations of the Online Store; The Regulations are made available free of charge before concluding contracts on the Online Store website, and also – at the Customer’s request – in a way that allows him to obtain, reproduce and record the content of the Regulations using an ICT system|
|Registration||service provided by electronic means; the procedure carried out by the Customer to set up an Account and possibly complete the Order and use certain functions of the Online Store|
|Online Store (Store)||a website available at http://canna-bohemia.pl/, with the use of which the Customer may, in particular, place an Order for available Products|
|The Store||the place of stationary sale of Products and execution of Orders, located in Warsaw, at ul. Alpejska 57|
|Content||an inscription or other material individualizing the Product according to the Customer’s specifications, in particular by placing an engraved wording with the content and form indicated by the Customer on the Product by the Seller|
|Sales Agreement||Product sales agreement within the meaning of the Act of 23 April 1964 – Civil Code, concluded in accordance with the provisions of these Regulations between the Seller and the Customer, via the Store’s sales system/td>|
|Order||Customer’s declaration of will leading directly to the conclusion of the Sales Agreement and indicating its essential conditions, made using the Basket function; Orders can be placed electronically through the Store’s sales system, 24 hours a day, 7 days a week throughout the year, with the proviso that their implementation takes place on Business Days from Monday to Friday from 8:00 to 16:00; The Customer may only place Orders for available Products|
- GENERAL PROVISIONS
- These Regulations define the rules of using the Store, in particular the terms of using the services provided electronically, placing an Order and modifying it, submitting a complaint, as well as other rights and obligations of the Customer and the Seller.
- People who want to use the Store’s services must read these Regulations in advance.
- Sales contracts and contracts for the provision of electronic services between the Customer and the Seller are concluded on the basis of Polish law and in Polish. The information contained in the Store is not an offer within the meaning of the Act of 23 April 1964 – Civil Code but constitutes an invitation to submit offers by customers.
- ACCOUNT AND OTHER ELECTORAL SERVICES
- The Store provides customers with free services provided electronically in the form of the Store’s functionality, i.e. interactive forms, including Registration, Account and Cart. The contract for the provision of electronic services is concluded between the Customer and the Service Provider upon starting to use the functionality of the Store.
- Individual contracts for the provision of electronic services may be terminated by the Customer at any time without giving a reason, in the manner indicated here or in further provisions of the Regulations. The contract for the provision of electronic services, the subject of which is the use of the Platform’s functionality in the form of forms, is concluded for a definite period of time and terminates when the content of the form is sent to the Service Provider or the form is no longer used.
- In order to create an account and obtain the status of a registered Customer, the Registration procedure must be completed. Registration is made via: an interactive form, which, when filling in, should be followed by the messages displayed in the form when completing it, and then by checking the “CREATE AN ACCOUNT” checkbox when placing an Order and completing the necessary data.
- Upon confirmation of the Registration, sent to the Customer’s e-mail address, an agreement for the provision of services by electronic means of keeping the Account for an indefinite period is concluded between him and the Seller.
- The Customer is obliged to protect the Account access password and may not disclose it to third parties. The account is non-transferable. The Customer is obliged to update the Account data necessary to complete the Order.
- The Customer may terminate the Account maintenance agreement at any time with immediate effect by sending such a declaration of will to the Seller. The termination is effective upon its receipt by the Seller.
- ORDER AND CONTRACT OF SALE
- Orders can be placed by Customers who have the status of a registered and unregistered user of the Store. An unregistered Customer places an Order without registering and logging in.
- The Customer prepares the Order by virtually adding Products to the Cart using the “ADD TO CART” button. Successful addition of a Product causes the indicator of Products in the Order list to change in the Cart tab, which can be freely modified. In order to introduce such modifications, the Customer should activate the “-” or “+” button, and then activate the “UPDATE CART” button.
- The Customer confirms the selection of Products as well as the price, delivery method and cost of the Order by activating the “GO TO CHECKOUT” button.
- Then, the Customer indicates the payment details in the Order form, including the form of payment, address details and confirms the price and delivery method as well as the total cost of the Order. After completing the Order, the Customer approves it and sends it to the Seller by activating the “BUY AND PAY” button.
- In the process of placing an order, until the button “BUY AND PAY” is activated, it is possible for the Customer to detect and correct errors in the Order and to modify it through the Store’s sales system. After activating the “BUY AND PAY” button, the Customer may change the Order, in particular correct errors in the entered data, until the parcel is shipped with the Product by direct, immediate, telephone contact with the Seller.
- By placing an Order, the Customer submits an offer to the Seller to conclude a Sales Agreement for the Products selected by him, on the terms indicated by him in the Order. The conclusion of the Sales Agreement takes place by accepting this offer by the Seller when the Customer receives confirmation of the terms of the Order, sent in an electronic message by the Seller to the e-mail address provided by the Customer in the Order.
- The content of the concluded Sales Agreement is recorded, secured and made available to the Customer via the Store’s sales system and is sent to the Customer’s e-mail address provided when placing the Order. The Customer who placed the order and received a declaration of acceptance of the offer by the Seller will be provided with a digital document confirming the conclusion of the Agreement along with its content, in the manner indicated in the previous sentence.
- In order to personalize the Product, in particular by posting the Content indicated by the Customer, the Customer fills out an interactive form available in the Store after placing the Order.
- CThe Order Processing Time is from 1 to 14 Business Days. The execution of the Order begins:
(a) (a) in the case of payment on delivery – after the conclusion of the Sales Agreement,
(b) (b) in the case of electronic payment via an external payment system PayPal – after confirmation received by the Seller from the payment operator
(c) (c) bank transfer – after the payment is credited by the Seller.
- The Order Completion Time, the subject of which is the Product individually agreed between the Customer and the Seller, is each time indicated by the Seller in the feedback on the details of the implementation of such an individual Order.
- After the above-mentioned During the Order Processing, the Product is issued to the carrier for delivery or transferred to the Stationary Store.
- PRICES AND PAYMENT
- The prices given on the Store’s websites are gross prices (they include all customs duties and taxes, including VAT), and are expressed in EURO. Product prices do not include delivery costs.
- The total price of the Order is calculated according to the choices made by the Customer in the Order form, in accordance with the rates indicated therein. The total and binding price is shown to the Customer in the summary of the Order at the time of its sending to the Seller.
The customer can choose one of the following payment methods::
(a) (a) cash on delivery payment
(b) (b) an electronic payment by bank transfer via an external PayPal payment system operated by PayPal (Europe) S.àr.l. & Cie, S.C.A. based in Luxembourg
(c) (c) transfer to the Seller’s bank account number 49 2130 0004 2001 0185 9206 0001
(d) (d) payment via the PayU system
- In the case of electronic payment via PayPal, the Customer is obliged to pay for the Order no later than 20 minutes from the conclusion of the Sales Agreement. In payment by bank transfer to the Seller’s bank account, the Customer is obliged to pay for the Order no later than 30 business days from the conclusion of the Sales Agreement.
- For each product sold, a sales document is issued in the form of a fiscal receipt or VAT invoice, at the customer’s request. The accounting document confirms the essential elements of the placed Order.
- The prices and costs listed in the Store may change (as part of a promotional campaign or sale of Products, or price changes by the manufacturer or carrier). The terms of the Order may not be changed in relation to the Customer who submitted the offer in the manner indicated above, prior to the price change.
- Orders are delivered by courier from Italy, Poland or the Czech Republic. The delivery takes place in the manner chosen by the Customer, with the proviso that the Customer may choose one of the following forms: (a) personal collection at the Stationary Store; (b) via a courier company; (c) via the Postal service.
- The shipping cost is calculated based on the delivery price list and the form of delivery chosen by the customer. The delivery price is also indicated to the Customer in the Order before it is sent to the Seller. The customer agrees to charge him with the delivery costs.
- The condition for the commencement of the Order Processing is the payment of the due payment for the Order, subject to the choice of payment on delivery.
- The Order Delivery Time is up to 7 Business Days, counted from the end of the Order Processing Time.
- The product is delivered to the address indicated by the Customer in the Order form. The Seller will contact the Customer immediately by e-mail or by phone if an incorrectly completed form prevents the effective delivery of the Order.
- If, before the shipment is delivered, it turns out that it has suffered a defect or damage, the Seller’s employee is obliged to immediately establish the condition of the shipment and the circumstances of the damage. The carrier should also do it at the request of the customer if he claims that the shipment is violated. The risk of accidental loss or damage to the Product passes to the Customer upon its release.
- The Customer is forbidden to provide illegal content, in particular, to demand illegal content on the Product, and to use the Store in a way that disrupts or prevents its functioning.
- The Seller is entitled to refuse to execute the Order if the Customer provides illegal content that would be placed on the Product. The Seller shall immediately notify the Customer who would like to place illegal content on the Product about the refusal to execute the Order, in a message sent to the e-mail address provided during the Account creation procedure or when placing the Order. In such cases, the Seller is not liable to the Customer for the damage resulting from the refusal to execute the Order.
- The products may be covered by a warranty provided by their manufacturer.
- If the Product is covered by the warranty, information on the existence of such a warranty is each time posted on the Store’s subpage dedicated to a given Product, and the detailed content of the warranty and the method of its implementation is each time attached to the Good in paper form.
- The exercise by the Consumer of the warranty rights does not affect the Seller’s liability under the warranty.
- The Seller is obliged to provide the Customer with Products without defects. The Seller is liable to the Consumer if the Product has a physical or legal defect (warranty). If the Product has a defect, the Consumer may submit a declaration of a price reduction or withdrawal from the Sales Agreement or request the replacement of the defective Product with a non-defective one or removal of the defect.
- The Seller is obliged to provide the Customer with Products without defects.
- The Seller is liable to the Consumer if the Product has a physical or legal defect (warranty). If the Product has a defect, the Consumer may submit a declaration of a price reduction or withdrawal from the Sales Agreement or request the replacement of the defective Product with a non-defective one or removal of the defect.
- The Seller is liable to the Consumer if the Product has a physical or legal defect (warranty). O If the Product has a defect, the Consumer may submit a declaration of a price reduction or withdrawal from the Sales Agreement or request the replacement of the defective Product with a non-defective one or removal of the defect.
- Only Consumers are entitled to the warranty. The parties, the Customer who is not a Consumer and the Seller, exclude the warranty for defects. Complaints under the warranty should be submitted to the correspondence address or via e-mail to the Seller’s e-mail address.
- WITHDRAWAL FROM THE CONTRACT AND RETURNS
- A consumer who has concluded a distance contract may withdraw from it without giving a reason by submitting an appropriate statement in writing within 14 (say: fourteen) days from the date:
- a) for the Sales Agreement – from taking the Product into the possession of the Consumer or a third party designated by him other than the carrier;(b) for other contracts – from the date of conclusion of the contract.
- To meet this deadline, it is enough to send a statement before its expiry. The customer may use the model declaration of withdrawal from the contract, constituting Annex 1 to these Regulations and attached to the Order. However, the Client’s use of this pattern is not obligatory.
- In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 (fourteen) days from the date on which the Seller was informed about the decision to exercise the right to withdraw from this Agreement.
- Konsument ma obowiązek zwrócić Produkt Sprzedawcy niezwłocznie, jednak nie później niż 14 (czternaście) dni od dnia, w którym odstąpił od umowy. Do zachowania terminu wystarczy odesłanie Produktu przez jego upływem.
- The consumer is obliged to return the Product to the Seller immediately, but no later than 14 (fourteen) days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the Product before its expiry.
- The right to withdraw from the contract is not entitled to the Consumer in relation to the contracts referred to in art. 38 of the Act of 30 May 2014 on consumer rights, in particular contracts: in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs, for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract in which the subject of the service is a non-prefabricated item, in which the subject of the service are items that after delivery, due to their nature, are inextricably linked with other things for the delivery of digital content that is not stored on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
- Direct costs of returning the Product to the Seller in the event of withdrawal from a distance contract are borne by the Consumer.
- CHANGE OF THE REGULATIONS
- The Seller may change these Regulations for important legal reasons (change of generally applicable laws regarding the Seller’s activity or the form of the Seller’s activity) or technical reasons (modernization of the Store’s infrastructure). The reason for changing the Regulations is each time indicated in the manner indicated in section 10.2.
- Registered Users will be informed about the amendment to the Regulations in an e-mail sent 7 (seven) days before the entry into force of the Regulations in the new wording. Unregistered Customers will be notified of this in a message displayed on the Store’s home page for 7 (seven) days before the new Regulations enter into force. During this time, the Customer must again accept or refuse to accept the Regulations.
- FINAL PROVISIONS
- The law applicable to the obligations arising from the Agreements and Regulations will be Polish law, with the proviso that this choice may not deprive the consumer of protection resulting from the mandatory provisions of the law of the consumer’s country of habitual residence. In matters not covered by these Regulations, the provisions of the common law shall apply, in particular the Act of April 23, 1964 – the Civil Code, the Act of November 17, 1964, the Code of Civil Procedure and the Act of May 30, 2014 – on consumer rights.
- The Customer’s obligations under the Sales Agreement are fulfilled at the time of payment for the Product and delivery and collection of the Product, made in accordance with the Order.
- All materials, including graphic elements, the composition of these elements, Product logos and others, available in the Store are subject to exclusive rights, in particular, they are subject to the protection of copyright and industrial property rights. The use of materials available in the Store in any form requires the consent of the Seller each time.
- The Customer who is a Consumer has the option of using extrajudicial means of dealing with complaints and redress, in particular, he may apply for mediation or settlement to an arbitration court. For this purpose, an appropriate form should be submitted to the institution before which the proceedings will be conducted – an application for mediation or an application for consideration of a case before an arbitration court. The list and addresses of entities conducting such proceedings are available at this address: https://uokik.gov.pl/wazne_adresy.php#faq592 . If the Customer does not want to use ADR, any disputes arising from the regulations or sales contracts will be settled by a common court according to general jurisdiction. Disputes arising between the Seller and the Customer, who is not also a Consumer, shall be submitted to the court having jurisdiction over the seat of the Seller. The consumer may also use extrajudicial means of dealing with complaints and redress by submitting his complaint via the EU ODR internet platform, available at : http://ec.europa.eu/consumers/odr/
- If the Customer does not want to use ADR or ODR, any disputes arising from the regulations or sales contracts will be settled by a common court, determining the jurisdiction of the court should be guided by the rules set out in the appropriate User who is a Consumer of the legal act. Disputes arising between the Service Provider and the User, who is not also a consumer, shall be submitted to the court having jurisdiction over the Service Provider’s seat.
- If any of the provisions of the Agreement is deemed invalid or ineffective, this shall not affect its other provisions, which shall remain in full force and effect.
Date of entry into force of the Regulations: September 1, 2019.
APPENDIX 1 – MODEL WITHDRAWAL STATEMEN
e-mail address: email@example.com
I hereby inform you about my withdrawal from the Sales Agreement:
- date of receipt ……………..
- name and surname of the consumer ……………..
- consumer’s address ……………..
- consumer’s e-mail (optional) ……………..
- bank account number to which the refund is to be refunded Fee (optional) ……………..
Consumer’s signature (only if the form is sent in paper version) ………………………..