Terms and Conditions
Conclusion of the contract between the Customer and the Seller may take place in two ways. The customer has the right before placing an order to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms. Negotiations, these should be kept in writing and directed to the address of the Seller (be! Sp. O.o. J. Kasprowicza 79/1, 01-823 Warsaw). In the event of the Customer's resignation from the possibility to conclude a contract by way of individual negotiations, the following terms and applicable law shall apply.
- Consumer - a natural person who performs with the entrepreneur a legal act not related directly to its business or professional activity.
- Seller - be! Sp. z o.o.
- Client - an adult natural person, legal person or organizational unit without legal personality, which concludes a sales agreement with the Seller.
- User - a person who accepted the regulations.
Seller's details The www.be.com.pl store is run by the company: be! Sp. z o.o. ul. Jana Kasprowicz 79/1 01-823 Warsaw NIP: 526-00-04-931, REGON: 010528118, entry number to the National Court Register: 0000195463 email@example.com, firstname.lastname@example.org Phone number: +48 513 125 786. hereinafter referred to as the "Seller".
The way to communicate
In the case of a distance contract, the Customer's communication with the Seller will be effected by means of: e-mail addresses: email@example.com and firstname.lastname@example.org
phone, at the Seller's number +48 513 125 786, the cost of use in accordance with the rates of the operator, whose services the customer uses
1.Orders can be placed 24 hours a day.
- Orders are accepted at www.be.com.pl
- Making purchases in the Store is possible for both Registered Users and those who have their Account as well as Customers who place an order without registering and creating an Account.
- Placing an order is done by adding the selected product to the shopping basket by the customer. In order to finalize the order, the customer is obliged to accept the Regulations by checking the appropriate box in the order form.
- After completing the order, the customer receives a confirmation of the order to the e-mail address provided;
- The term of the contract starts its course:
in the case of orders payable upon collection and transfer - after confirming the order;
- The implementation of the order depends on the availability of the goods in the warehouse or at the Store's suppliers. If some of the products covered by the order are unavailable, the Customer will be informed about the status of the order and have the right to decide on the manner of its implementation (partial implementation, extension of waiting time, cancellation of the entire order).
- A limited number of goods is intended for promotional sales and sales. Orders are processed in the order in which confirmed orders are received for a given item, until stocks covered by this form of sale are used up.
- An invoice is issued for each order. The invoice is issued at the moment when all the goods ordered by the customer are completed and ready for shipment. We issue a VAT invoice at the Customer's request. 4. The customer has the right to change the order until sale, ie to issue an invoice. The customer has the right to withdraw the order completely until sending the goods. The introduction of the above changes should be made through the Customer Service Office - e-mail address email@example.com and firstname.lastname@example.org 1. The prices are given in Polish zloty and include VAT. The availability of the presented products is valid while stocks last, and the prices quoted do not constitute an offer under commercial law. The store reserves the right to change the prices of goods on offer, to introduce new goods to the online store offer, to carry out and cancel promotions on the store's websites or to introduce changes in them.
Payment methods and delivery
- The delivery of the goods takes place in a manner chosen by the Customer and specified in the order. The customer has the right to pick up the purchase through a courier ordered by him (the seller then prepares only the package for pickup). The costs and delivery details of the order are specified in the delivery terms of http://www.be.com.pl/webpage/dostawa.html.
- The delivery time is up to 30 business days. An order for goods with different delivery times is sent after completing the whole, i.e. after the longest time has elapsed from those given. If the delivery time exceeds 30 days, the Customer will be informed about the above. In this case, the customer has the right to respond to the situation in accordance with point 4 par. 7).
- The date of receiving the parcel depends on the delivery method chosen by the Customer. For deliveries by post (according to Poczta Polska's offers), the delivery time is about 2 - 4 business days, with delivery by courier (according to the courier company's offer) 1 - 2 working days.
- The following forms of payment for the ordered goods apply: - cash on delivery: the postman or courier is charged; - bank transfer to the store's account: prepayment for the order - via PayPal.
- Foreign shipments can be paid only by bank transfer, and the cost of delivery is determined individually with the client depending on the country of delivery.
Conclusion of the contract
- The conclusion of the contract takes place when the order is placed by the customer. Orders paid for downloading are processed immediately, and orders paid by bank transfer or via the electronic payment system after the payment of the Customer's account is credited to the Seller's account.
- The purchased product along with the sales document chosen by the Customer (invoice / receipt) is sent by the carrier selected by the Customer to the address provided by the Customer in the order form.
Withdrawal from the sales contract
- Pursuant to art. 27 of the Act of 30 May 2014 on consumer rights (hereinafter referred to as OPK). The customer has the right to withdraw from the contract within 14 days of its conclusion without giving a reason and without incurring costs. The customer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the entrepreneur. The statement can be submitted on the form, whose template can be downloaded HERE (click). Also below in the appendix to these Regulations.
- In order to withdraw from the contract, he should submit to the Seller his statement in writing or by e-mail to the following address: email@example.com. In order to preserve the statutory period of withdrawal from the contract, it is sufficient to send a statement before its expiration (in the case of a declaration sent by post, the date of the stamp is decisive). The period for withdrawing from the contract begins to run:
- For a contract whereby the entrepreneur issues the item, being obliged to transfer its ownership - from taking possession of the goods by the consumer or a third party indicated by him, other than the carrier, and in the case of a contract which: a) includes many things that are delivered separately, in batches or in parts - from taking possession of the last thing, lot or part, b) consists in regularly delivering goods for a specified period of time - from taking possession of the first item;
- For other contracts - from the date of conclusion of the contract.
- In the event of withdrawal from the contract by the Customer electronically, the Seller is obliged to immediately send the Customer confirmation of receipt of the statement of withdrawal from the contract in the above-mentioned way
- In the event of withdrawal from a distance contract, the contract shall be considered null and void.
- The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Customer's statement on withdrawal from the contract, return the payment made to the Customer, excluding the delivery costs and delivery costs of the goods. The seller refunds the payment using the same method of payment as the customer used, unless the customer explicitly agreed to a different method of return, which is not associated with any costs.
- The customer should return the item to the Seller (return along with the receipt / invoice) no later than 14 days from the date on which he rescinded the contract. To meet the deadline, all you have to do is return the item before its expiry.
- The Customer bears the direct cost of returning the item, unless the Seller has agreed to bear it.
- The Customer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item, unless the entrepreneur has not informed the Customer about the right to withdraw from the contract in accordance with the requirements of art. 12 para. 1 point 9 OPK, which however took place in point 7 of these Regulations.
- At the moment the consumer withdraws from the contract concluded at a distance, the related additional contracts concluded by the Customer shall expire if the benefit is based on the benefit of the Seller or a third party based on an agreement with the Customer. The customer does not bear the costs related to the expiration of these contracts, except for the costs specified in the preceding points.
- If the supplementary agreement was concluded with a third party, the Seller informs that person about the consumer's withdrawal from the contract.
- The right to withdraw from a distance contract is not payable to the Customer in relation, inter alia, to contracts:
- for the provision of services, if the Seller has performed the service fully with the express consent of the Customer who was informed before the provision that he would lose the right to withdraw from the contract after the entrepreneur's performance;
- in which the object of the benefit is a non-prefabricated item, manufactured according to the specification of the Consumer or serving to satisfy his individual needs; 7.11.3
- in which the subject of the benefits are things that after delivery, due to their nature, are inseparably connected with other things.
All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). The prices of goods do not include the cost of delivery, which is specified in the delivery price list.
- The Seller is liable to the Customer being a Consumer within the scope specified in the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827) and the Act of 23 April 1964 - Civil Code (Journal of Laws No. 1964 No. 16 item 93). The seller is liable to the buyer if the item sold has a physical or legal defect (warranty) in accordance with applicable regulations.
- Complaints for non-compliance of the goods with the sales contract may be submitted in writing to the Seller's address or via e-mail to the following address: firstname.lastname@example.org, email@example.com
- When selling between entrepreneurs, the customer loses his warranty rights if he has not examined the item in time and in the manner accepted with this type of goods and did not notify the seller immediately about the defect, and if the defect came out only later - if he did not notify the seller immediately after its finding .
- When submitting a complaint for non-compliance of the Goods with the contract, the Seller recommends providing the customer's contact details, accurately describing the causes of the complaint and requests to the Seller, and also attaching the sales document or photocopies thereof. We recommend filling out the complaint form.
- The Seller is liable to the Customer who is not a Consumer under the provisions of the Civil Code with regard to the warranty.
- The Seller recognizes complaints within 14 days of its submission or delivery of the Goods, if it is necessary to recognize the complaint.
- After filing a complaint, the Customer is obliged, at the request of the Seller, if it is required to consider the complaint, provide the Goods to the address indicated by the Seller. The cost of delivery of the advertised Goods is returned to the Customer after the complaint has been considered. The customer may alternatively use the opportunity to send the advertised Goods via a courier sent by the Seller. For this purpose, please contact the Seller. In case of using the possibility of sending the advertised Goods via courier sent by the Seller, when the complaint is considered negatively, the transport costs are covered by the Customer.
- The Seller issues a VAT invoice for the transport service provided to the Buyer.
- None of the provisions of these regulations is intended to violate the rights of the Customer. It can not be interpreted in this way either, because in the event of non-compliance of any part of the regulations with the applicable law. The seller declares absolute subordination and application of this right in place of the challenged provision of the regulations. The seller is obliged to deliver the goods to the customer without defects.
- The registered Clients will be notified via e-mail about the changes to the regulations and their scope (on the e-mail address provided during registration or order). The notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adjust the regulations to the applicable legal status.
- The current version of the regulations is always available to the Customer in the rules tab (http://www.be.com.pl/webpage/regulamin.html). During the execution of the order and throughout the period of after-sales care of the Customer, the regulations accepted by him during placing the order apply. Except for the situation when the customer considers it to be less favorable than the current one and inform the Seller of the current choice as binding.
- The Seller provides the Customer with the correct operation of the online store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution of over 1024 px. Using third party software affecting the functionality and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get the full functionality of the be.com.pl store, you should disable them all.
- The Seller informs about the Code of Good Practice, which should be read and referred to in art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices and the manner of getting acquainted with it
- The customer has the opportunity to use extrajudicial methods of dealing with complaints and pursuing claims and the rules of access to these procedures.
- In matters not covered by these regulations, the relevant applicable legal provisions shall apply. The dispute issues are considered by the local court and property court established according to the rules in force in the law.
The regulations enter into force on December 25, 2014.
- In matters not covered by the Regulations, in particular, the provisions of the Act of 23 April 1964 the Civil Code (Journal of Laws No. 16 item 93, as amended), the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), Act of 16 April 1993 on combating unfair competition (Journal of Laws No. 93, item 47, as amended) of the Act of February 4, 1994 on copyright and related rights (Journal of Laws No. 90, item 631, as amended) d.), and the Act of 30 June 2000, industrial property law (Journal of Laws of 2001 No. 49, item 508, as amended).
- The provisions of the Regulations should be interpreted in a way that ensures their compliance with applicable law.
- The User is not obliged to submit a deposit or provide any other financial guarantees.
- The amendment of the Regulations becomes effective for the User within 14 days from the time the content of the amended Regulations becomes available. Services provided prior to the entry into force of the changes are regulated on the terms of the current Regulations.
- Information about the change in the Regulations will appear on the main page of the Website and the User will be notified via e-mail about changes.
- If any provision of the Regulations is declared void by a final court decision, the remaining provisions shall remain in force.