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STATUTE

 

TERMS AND CONDITIONS OF THE ONLINE STORE OPERATING IN THE WWW.BELAMILA.PL DOMAIN

 

1. These regulations define the conditions, rules and method of sale conducted by Jerzy Kosim, running a business under the name FHU "Okna" Jerzy Kosim, ul. Zawiercieńska 6, apt. 6, 32-310 Klucze, NIP: 637-106-41-50, entered into the Central Register and Information on Economic Activity kept by the Minister of Economy, via the online store www.belamila.pl (hereinafter referred to as: "Online Store").

Contact with the Seller and method of communication: by e-mail:shop@belamila.plby post: FHU "Okna" Jerzy Kosim, ul. Zawiercieńska 6, apt. 6, 32-310 Klucze or by phone:889127157.

§ 1 DEFINITIONS

Order processing time– the time in which the Seller will complete the order and hand it over to the Supplier performing the form of Delivery selected by the Customer;

Working days- means days of the week from Monday to Friday, excluding public holidays under applicable law;

Supplier-  means the entity with which the Seller cooperates in the delivery of Goods:

  1. courier company,

  2. Poczta Polska SA with its registered office in Warsaw,

  3. InPost Paczkomaty Sp. z o. o. with its registered office in Krakow, providing services of Delivery and operation of the post office box system (Paczkomat);  

The proof of purchase– a document issued by the Seller confirming the purchase. It can be a fiscal receipt or a VAT invoice

Client-  An adult natural person, a legal person and an organizational unit that is not a legal person, which a separate act grants legal capacity - conducting business activity on its own behalf and purchasing Goods via the Online Store.

Consumer– an adult natural person making a legal transaction with the entrepreneur not directly related to his business or professional activity and purchasing the Goods via the Online Store.

newsletter- a free service provided electronically, with the help of which the Online Store informs Customers about new materials and events appearing as part of the Online Store's activities, by periodically sending selected and edited content in the form of an e-mail

Seller– company FHU "Okna" Jerzy Kosim, ul. Zawiercieńska 6, apt. 6, 32-310 Klucze, NIP: 637-106-41-50, website address:www.belamila.pl, e-mail adress:shop@belamila.pl entered into the Central Register and Information on Economic Activity kept by the Minister of Economy.

Online Store (Store)- a website operating in a domainwww.belamila.pl, www.belamila.eu through which the Customer may place Orders and use other Store Services; 

Commodity- a product available in the Online Store for which an Order can be placed and which may be the subject of a Sales Agreement;

Sales agreement- a contract for the sale of Goods within the meaning of the Civil Code, concluded in accordance with the provisions of the Regulations between the Seller and the Customer, via the Store's sales system;

Order- instruction to purchase the Goods submitted by the Customer, leading directly to the conclusion of the Sales Agreement in accordance with the Regulations.

 

§ 2 GENERAL PROVISIONS

  1. These Regulations define the rules for using the Online Store, in particular the conditions for placing an Order and modifying it, making payments, the rules for the provision of electronic newsletter services, the rules for registering and using the Customer Account in the Online Store, and other rights and obligations of the Customer and the Seller.

  2. The condition for using the Online Store is to read the Regulations and agree to comply with the provisions contained therein (acceptance of the Regulations).

  3. The information contained in the Online Store is not an offer within the meaning of the Civil Code, but an invitation to conclude a Contract.

  4. The Seller reserves the right to change the Goods and their prices at any time, as well as to carry out and cancel various promotions and sales related to the Goods. These changes may not violate the rights of acquired Customers who use the Online Store.

  5. The customer is obliged to:

    • not to provide content prohibited by law, including infringing personal rights and other rights of third parties;

    • not to act in a way that violates the law or in order to circumvent the law, as well as in conflict with the principles of social coexistence or decency; 

    • use all information available on the Online Store Website (including commercial, marketing and promotional materials) only for personal use; 

    • not to take unlawful actions violating the good name of the Seller.

  6. The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is also a consumer, vested in him under the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions.

  7. In the event of a conflict between the provisions of these Regulations and the law applicable to the Buyer who is a Consumer from outside the European Union, the provisions generally applicable in the given country of the Consumer shall apply.

 § 3 ORDERS

  1. Orders can be placed by Consumers without prior registration by providing the necessary data as well as after registration. Registration is not a prerequisite for placing Orders by Consumers in the Online Store.

  2. The Consumer prepares the Order by virtually adding the Goods to the Basket after selecting the appropriate size of the Goods. Successful adding results in changing the Goods indicator in the Basket tab on the Order list. The Order List can be freely modified.

  3. The consumer then specifies the method of delivery of the Goods by the Seller, a convenient method of payment for the Goods and confirms the order.

  4. After placing the order, the Consumer may change it, in particular correct errors in the entered data, until the shipment with the Goods is sent by direct, immediate (by phone or e-mail) contact with the Seller.

  5. After receiving the Order, the Seller sends the Consumer a message confirming the acceptance of the Order to the e-mail address provided by him. The contract for the sale of the Goods is concluded when the Customer receives the above message. The content of this message, which is a confirmation of the conclusion of the contract for the sale of the Goods, contains detailed information about the Order made by the Customer.

  6. In the event of refusal to confirm the acceptance of the Order or resignation from the execution of the Order, the Seller shall inform the Consumer about this fact to the e-mail address or telephone number provided by him within 3 Business Days immediately following the day on which he received the Order placed by the Consumer. The Seller will refund the price of the Goods paid by the Customer and the delivery costs (if these amounts have been paid) to the bank account indicated by the Customer. This refund will take place within 5 Business Days following the day on which the paid amount was credited to the Seller's bank account.

  7. Orders in the Online Store are carried out worldwide.

  8. Orders are processed in the order they are placed.

  9. The time of order fulfillment is up to 5 Business Days. The execution of the Order begins:

    • in the case of a bank transfer - after the payment has been credited to the Seller's account,

    • in the case of an online transfer - after the Seller receives confirmation from the operator about the payment made by the Customer,

    • in other cases - on the day of concluding the contract.

  10. BELAMILA brand goods are made by hand, therefore in exceptional cases the order processing time may be extended.  In such a situation, the Customer will be immediately sent to the e-mail address provided by him information in which the Customer will be notified of the new date for the execution of the Order. In this case, the customer will have the right to resign from the placed Order by notifying the Seller of this fact to the e-mail address of the store.shop@belamila.pl.The Seller will refund the price of the Goods paid by the Customer and the delivery costs, if these amounts were paid by the Customer, to the bank account indicated by the Customer in the above e-mail. This refund will be made within 2 Business Days following the day on which the Seller receives the resignation from the placed Order. 

 

§ 4 REGISTRATION

  1. Registration allows you to create an individual Customer Account free of charge.

  2. The Customer is registered by correctly completing and accepting the registration form available on the Online Store website. Registration is one-time - for each subsequent Order, the Customer uses the login (Client's e-mail) and password (which was set by him in the registration form, consisting of a minimum of 6 characters). This data is confidential. Registration involves acceptance of these Regulations.

  3. After sending the completed registration form, the Customer immediately receives, in electronic form, to the e-mail address provided in the registration form, information about the confirmation of registration, which is tantamount to concluding an agreement with the Customer for the electronic provision of the Customer Account service.

 

 § 5 PRICES AND PRODUCT PROPERTIES

  1. The prices posted on the Online Store website are prices including VAT, are expressed in Polish zlotys and do not include delivery costs.

  2. The total price of the Order is calculated according to the choices made by the Consumer in the Order form, in accordance with the rates indicated in the Order summary.

  3. In the case of payment by bank transfer, the transfer order should include the Customer's name and surname and the Order number.

  4. The customer can choose one of the following payment methods:

  • cash on delivery;

  • bank transfer to the Seller's bank account at ING Bank Śląski SA, the number of which is included in the order confirmation.

  • Payment via PayPal or Pay.

  1. The Seller reserves the right to make changes in the prices of the Goods on an ongoing basis. The change in the price of the Goods does not affect orders placed before the date of entry into force of the price change.

 

 § 6 SHIPPING

  1. Delivery of Goods is possible within the territory of the Republic of Poland and abroad.

  2. The goods are delivered in the manner chosen by the Customer from among the options provided by the Seller. Delivery costs can be found in the tab Forms of payment and delivery.

  3. The Customer may personally collect the Goods at the Seller's office, after prior arrangement of the date.

  4. The cost of shipping the Goods is borne by the Customer. This cost is added to the amount of the Order in the summary, after the Customer selects the method of delivery.

  5. Placing an Order by the Customer automatically means acceptance of the terms and costs of delivery of the Goods.

  6. The goods are sent to the address indicated in the Order form. The Seller will contact the Customer immediately if an incorrectly completed form prevents effective delivery of the Order. If you choose delivery via Parcel Locker, the Goods will be delivered to the locker selected by the Customer.

  7. In the absence of the Customer at the time of delivery, the Supplier leaves a notice. The Supplier may agree a different delivery date with the Customer by telephone.

  8. Upon receipt of the shipment from the Supplier, the Customer has the opportunity to check whether its content is consistent with the Order made, and whether the received Goods are not damaged. In the event of such circumstances, the Customer should inform the Seller about this fact as soon as possible by phone or via e-mail.

  9. With the receipt of the shipment  the risk of accidental loss or damage to the Goods passes to the Customer.

  10. Delivery time outside of Poland depends on the country of delivery. In order to check the approximate delivery time, the Customer is asked to contact us by e-mail:shop@belamila.pl

  11. Shipping costs are charged in accordance with current price lists and depend on the weight and size of the shipment. The customer is informed about the shipping costs when placing the Order. In the case of shipment outside the country, the cost of shipment is determined individually based on the estimated weight of the package and the country of destination.

  12. The customer undertakes to collect the sent Goods as well as to cover the shipping amount in the event of not collecting the COD shipment.

  13. The delivery of the Goods in Poland will be carried out by the Seller within 5 Business Days following the day on which the payment made by the Customer was credited to the Seller's bank account. If the Customer has chosen the form of payment in cash (cash on delivery), the delivery of the Goods will be made within 7 Business Days following the day on which the Seller confirmed the acceptance of the Order.

 

 § 7 WITHDRAWAL FROM THE CONTRACT

  1. The consumer has the right to withdraw from the contract without giving any reason within 14 calendar days from the date on which he came into physical possession of the Goods ordered in the Online Store, provided that he submits a declaration of withdrawal from the contract together with the original receipt and returns the Goods unchanged. The template of the statement of withdrawal from the contract isAppendix 1to these Regulations.

  2. A detailed description of the withdrawal procedure can be found herehere.

  3. In the event of withdrawal by the Consumer from the Agreement, after meeting the conditions set out in paragraph 1. The Seller, within 14 calendar days, will return the price paid for the Goods to the Consumer to the bank account indicated in the statement of withdrawal from the contract or using the same method of payment as used by the Customer ( via PayPal or PayU, depending on how the payment for the Order was made).

  4. The consumer is liable for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

  5. The cost of shipping the Goods to the Seller is borne by the Consumer.

  6. If the deadlines for withdrawing from the contract specified in this article are exceeded, the Seller will send the returned Product back to the Consumer at his expense.

  7. Failure by the Customer to comply with the withdrawal procedure described above may result in a significant delay in completing the withdrawal procedure, and thus in ordering the refund of funds due to the Customer.

  8. The Seller does not provide for the possibility of the Customer withdrawing from the contract or from paying for the Goods that have been delivered by the Seller, except for cases provided for in the provisions of applicable law.

§ 8 COMPLAINTS AND WARRANTY

  1. The Seller is obliged to deliver Goods without defects to the Consumer. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty). The consumer is entitled to a warranty in the form of defect removal, replacement of the item with a defect-free one, price reduction or withdrawal from the Agreement.

  2. Complaints should be sent to the Seller's address. In order to facilitate the complaint procedure, the complained Goods should be delivered in the original packaging together with proof of purchase - a receipt and a complaint application, the model of which isAppendix No. 2to these Regulations.

  3. A detailed description of the complaint procedure can be found herehere.

  4. The product is covered by a 180-day warranty period from the date of receipt. This warranty covers all defects resulting from the manufacturer's fault.

  5. Within 14 calendar days, the Seller will respond to the Consumer's complaint and notify him of how to proceed.

  6. Complaints are not subject to: discounted products; defects resulting from natural wear and tear caused by the use of the Goods (including abrasion of gold layers); mechanical damage; dirt; damage caused by improper use or maintenance.

  7. If the complaint is considered in favor of the Consumer, the Seller shall, in accordance with the Consumer's request, remove the defect free of charge, replace the Good with a defect-free one, reduce or refund the price.

  8. In the case of justifying the return of the price, the amount due for the Product purchased by the Customer will be returned within 14 days of considering the complaint in the manner indicated in the form.

  9. Orders made at the individual request of the Consumer are not subject to returns and exchanges.

  10. A customer purchasing a product for purposes directly related to his professional or business activity (a customer who is not a consumer) has the right to file a complaint in accordance with the law, while the Seller's liability under the warranty for physical defects of products is limited to the customer's right to request removal of the defect or replacement . The seller, at his choice, will immediately remove the defect or replace the defective product with a defect-free one. The seller may also withdraw from the contract by returning the price paid for the product affected by a physical defect. In the remaining scope, the Seller's liability under the warranty for product defects in relation to Customers who are not Consumers is excluded.

§ 9 PROTECTION OF PERSONAL DATA

  1. Personal data of users of the Online Store, including Customers/Consumers, are processed by the Seller to the extent necessary to perform the Order and distribute current information related to the Online Store within the meaning of the Personal Data Protection Act.

  2. The Customer/Consumer agrees to the processing by the Seller of personal data provided by him in the process of submitting and executing the Order in the Online Store.

  3. Personal data is processed only by the Seller and will not be made available to anyone, except for the authorities indicated in the Act of August 29, 1997 on the protection of personal data (consolidated text: Journal of Laws of 2002, No. 101, item 926).

  4. The Seller, obtaining the consent of the Customer / Consumer, may process personal data for marketing purposes, including in particular for the purpose of sending commercial information to the Consumer by electronic means.

  5. The Customer/Consumer has the right to access their personal data and to correct or delete them. For this purpose, please contact the Seller via the e-mail addressshop@belamila.pl

 

Detailed information on the protection of the Customer's personal data can be found in the Privacy Policy of the Online Store www.belamila.pl.

§ 10 COPYRIGHT

  1. All photos of the Goods and other materials posted on the Online Store website www.belamila.pl are the property of the Seller or have been used by him with the consent of third parties who have copyrights to them.

  2. It is forbidden to copy photos and other graphic materials posted on the website of the Online Store www.belamila.pl, including their sharing on the Internet without the Seller's or other third party's written copyright holder.

  3. It is also forbidden for external entities to download photos from the Online Store website www.belamila.pl and use them for marketing and commercial purposes.

  4. The use of the above-mentioned materials without the written consent of the Seller or other third party who is entitled to copyright is against the law and may be the basis for instituting civil and criminal proceedings against those who commit such practices.

   

§ 11 CHANGE OF THE REGULATIONS

  1. The Seller reserves the right to change these Regulations.

  2. The amendment to the regulations becomes effective within the period indicated by the Seller, not shorter than 7 days from the moment of making the amended regulations available on the Online Store website.

  3. Orders placed before the entry into force of the amendments to the Regulations are carried out in accordance with the existing content of the Regulations.

 

§ 12 NEWSLETTER 

  1. Each Customer may use the free Newsletter service provided electronically.

  2. The Newsletter subscription service is provided by the Seller to Customers who voluntarily agree to it.

  3. The Newsletter service consists in sending by the Seller to the e-mail address provided by the Customer commercial information, including information about available Goods and services offered by the Seller and planned promotions, as well as events related to the Seller's activity.

  4. In order to receive the Newsletter, the Customer may agree to receive it when setting up a Customer Account for the purpose of making purchases in the Online Store or regardless of registration for these purposes.

  5. After the Seller receives the Customer's consent to receive the Newsletter, the Seller sends to the e-mail address provided by the Customer a confirmation of the Customer's acceptance to the group of people to whom the Newsletter will be sent.

  6. Consent to receive commercial information by means of electronic communication sent by the Service Provider is voluntary and can be withdrawn at any time.

 

§ 13 FINAL PROVISIONS

  1. The Regulations are valid from the date of publication on the Online Store Website.

  2. In matters not covered by the Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code   and the Act on consumer rights. 

  3. The appendices listed in the content of the Regulations constitute its integral part.

  4. In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.

These regulations were published on February 23, 2022.