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These regulations (hereinafter referred to as the "Regulations") specify the rights and obligations of the Parties, the rules of purchase and detailed terms of service - the sale of goods through the online store available under the domain: www.blowupdesign.pl (hereinafter referred to as "the Store"), which is run by Ecommercity Sp. z o.o., entered in the Register of Entrepreneurs kept by the District Court Katowice-Wschód, VIII Commercial Department of the National Court Register under the number KRS 0000397698, REGON 242749710, NIP 6342797275.
Placing an order via email, using the online order form, placing an order directly through the blowupdesign.pl online store is tantamount to reading the Regulations and accepting them.
I. GENERAL PROVISIONS
1. Store correspondence address:
Blowupdesign Ecommercity Sp. z o.o.
Ul. Aleja Korfantego 191 Building C
40-153 Katowice
Tel .: +48 32 444 66 88 | +48 666 669 559
Email: [email protected] and [email protected]
2. Store customers to whom these Regulations apply may be natural persons (Consumers) who are over 18 years of age and have full legal capacity (hereinafter referred to as "Customers") who purchase the product for purposes unrelated to professional or business activity, capable of to conclude contracts in accordance with the law. By placing an order above entities declare that they have the right to conclude a valid contract. Entities that do not meet these conditions are liable to the Store for damages caused by their actions on general principles.
II. DELIVERY AND DELIVERY TIME
1. On the Store's website, next to each product, the product availability is given (on working days). Accessibility should be understood as the time needed for the Store to prepare a given order (so-called delivery time) and forward it to shipment.
2. The time at which the Store will deliver the ordered goods for shipment to the Customer is not equivalent to the time necessary to deliver it to the Customer via the selected delivery method.
3. The deadline for the Customer receiving the shipment is approximate: delivery time + estimated delivery time and may not exceed 30 days from the date of the contract, unless the Customer has accepted another delivery time given by the Store.
4. If the Store delays the execution of the order within the originally set time, the Customer has the right to set an additional deadline for the contract, and after its ineffective expiry withdraw from the contract.
5. Shipment of goods with different delivery times takes place after completing the entire order, i.e. after the longest delivery time for the ordered goods. If you place an order for goods in which at least 1 (one) of them has a delivery time longer than 7 (seven) days, the Store may offer the Customer a split order, which the Customer may use at his own discretion.
6. In the case of products marked with the information "ask for availability" or "requires confirmation", in order to obtain the exact time of order fulfillment, the Customer should contact the store by e-mail or phone before placing the order.
7. If the Customer has placed an order in which the product marked "ask for availability" or "requires confirmation", the Store will inform the Customer about the estimated time of order fulfillment before accepting the order.
8. Delivery time - this is the time when the courier delivers the ordered products to the customer to the address indicated in the order.
9. The delivery time of the parcel with the subject of the Order is up to 48 hours from the moment of receipt of the parcel from the headquarters of the Store or the supplier's warehouse and is carried out only on business days, during courier business hours.
10. In the case of deliveries made via DHL Express or DPD Polska, the courier decides about the time of delivery, and in the event of the recipient's absence at the address indicated, the goods may be left for pickup at the "advice point" in accordance with the general regulations of that courier.
11. The ordered products, depending on the product specification, will be delivered using specialized courier companies, external transport companies as well as the Store's own means of transport: DHL Express (Poland) Sp. z o.o. with its registered office in Warsaw (for small goods), DPD Polska Sp. z o.o. based in Warsaw (for small goods and some bulky goods), Pocztex (for bulky goods) and Raben Group for goods shipped on a pallet.
12. By courier companies are sent goods weighing up to 31kg and standard dimensions within the scope of service.
13. Oversized, i.e. pallet, weights exceeding 31 kg or non-standard dimensions are sent using external transport companies.
14. The Store reserves the right to limit the choice of the company performing the order delivery.
15. Order delivery costs depend on the price list of courier companies, external transport companies, and in particular the weight and volume of the purchased goods and the chosen payment method.
16. The final delivery costs in Poland are visible after adding the products and their quantity to the shopping basket and after saving the delivery address.
17. Delivery costs to EU countries indicated in the shopping basket are only a preliminary valuation and are not final binding on the Store.
18. The final delivery costs to EU countries will be forwarded to the Customer by the Store electronically within 2 business days for their possible acceptance before accepting the order for execution.
19. The store is not obliged to bring goods to the customer (in particular to the apartment, on the property) and does not bear the costs of bringing the goods and the cost of assembling the goods at the customer's.
20. Courier items weighing up to 31 kg are delivered in a "door-door" system, that is, under the door.
21. Courier items over 31 kg and pallet packages are delivered in a side-to-side system, i.e. the package is delivered by unloading it from the vehicle and placing it on the ground in an accessible place before entering the building.
22. In the event that the Customer has not received the parcel with the Good during two attempts at delivery, he should contact the Store (by any means) and agree on the conditions of re-delivery. Re-delivery will be made after payment for re-delivery.
23. In the event that the Customer has not received the parcel with the Good and resigns from the delivery of the order, he should contact the Store (in any way) to inform him of this fact.
24. Cancellation of the delivery of the order results in a charge for the return shipment to the Store, which the Customer should pay within 7 days of receiving the invoice.
25. The cost of payment for return delivery to the Store is the equivalent of the costs incurred by the Store for the service provided by the delivery company.
III. ORDER AND SALE
1. The store sells remotely via the Internet through furniture, lighting, accessories and home furnishings.
2. All products offered in the Store are brand new, free from physical and legal defects, and have been legally placed on the Polish market. The store may also sell used goods or items with defects, but then this fact must be reported on the product card.
3. Proof of purchase for the order placed is each time sent electronically to the Customer's e-mail address indicated in the order.
4. If you want to receive a paper invoice, a fee of PLN 5.00 per letter postage is required.
5. The data provided by the Customer when placing the order must be true. Incorrect provision of data may impede or prevent the execution of the Order.
ORDERS PLACED ON THE STORE WEBSITE
6. The sales contract is concluded by placing an order (hereinafter referred to as the "Order") by the customer in the store and confirming its acceptance by the store (hereinafter referred to as "accepting the order for processing").
7. Orders in the Store can be placed 24 hours a day, 7 days a week throughout the year. And by phone from Monday to Friday between 8.00-16.00.
8. All prices in the Store are gross prices (including VAT). Prices do not include flat-rate shipping costs.
9. The total value of the order is presented in the order form, after saving the delivery address, choosing the delivery method and payment method of the subject of the order.
10. The customer places an order pointing to the product they are interested in by clicking the 'Add to Cart' button and then providing their data in the order form (e-mail, name, surname), accepting the consent to process personal data and indicating the delivery address, delivery method the subject of the order, payment methods and acceptance of the Store's Regulations.
11. The order is placed after the Customer clicks the "Order with obligation to pay" button. Placing an order is the submission of an offer by the Store Customer to conclude a contract of sale of the products covered by the order.
12. Immediately after placing the order, the Customer will receive by e-mail information about the confirmation of placing the order to the Store.
13. The above e-mail message does not mean the Acceptance of the order for the Store to accept the Customer's offer, but it has the legal effect that the offer submitted by the Customer is binding on the Customer (subject to the Customer's withdrawal from the contract in accordance with the above Regulations).
14. In the absence of an e-mail confirmation of the order being placed within 1 business day after the day of placing the order, the Customer should contact the Store by phone or e-mail to confirm the order.
15. The Store may contact the Customer at the e-mail address provided by the Customer or by phone to clarify doubts, confirm the order or in other matters related to the implementation of the order.
16. Along with the Store's acceptance of the Customer's order for execution, an e-mail confirming this fact will be sent to the Customer, entitled "Acceptance of the order for execution". By receiving the above e-mail, the Store accepts the Customer's offer and concludes a distance sales contract for a specific product or products.
17. If the Customer places an order exceeding PLN 1,000.00, the Store reserves the right to require the Customer to prepay part of the order value. The store will accept the order for implementation only after receiving a prepayment or advance from the customer.
18. If the Customer submits the so-called special order, i.e. orders for goods exceeding the standard Store offer (e.g. dimensions, material, color or other features of finishing goods different from those offered on the Store's pages), an advance payment of 30% of the entire order value is required. The store will accept the order for implementation only after receiving a prepayment or advance from the customer.
IV. FORMS OF PAYMENT
1. Payments in the Store can be made in the following ways; via the website www.payu.pl (electronic transfer, credit card, PayU installments, 30 days of deferred payment), cash on delivery of the products (payment is made to the courier when collecting the package with the subject of the order), by bank transfer, and via PayPal for Foreign customers.
2. Store details for a traditional transfer:
Recipient: Ecommercity Sp. z o.o.
For PLN: 65 1600 1462 1809 2724 5000 0001 (BNP Paribas)
For EURO: PL54 1600 1462 1809 2724 5000 0005 (BNP Paribas)
Swift: PPABPLPKXXX
Title: Customer Order Number in the Store or order document number
3. The Store reserves the right to cancel the Customer's order if the Customer has chosen the method of payment by bank transfer or PayU and has not made this payment within 5 business days. The customer will be notified by e-mail
4. If you choose the payment "on delivery", an amount of PLN 10 added to the information presented on the "payment method" page is added.
V. RIGHT TO WITHDRAW FROM A CONTRACT CONCLUDED AT DISTANCE
1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2000, No. 22, item 271, as amended) The customer who is a consumer, i.e. a natural person making a purchase for a purpose not related to professional or business activity has the right to withdraw from the contract without giving a reason.
2. An appropriate statement should be sent by e-mail, via the on-line form, by phone or with returned goods to the Store's address within 14 (fourteen) days from the date of receipt of the ordered products. To comply with this deadline, it is sufficient to send a statement before its expiry.
3. In the event of withdrawal from the contract, the contract is considered void and the customer is released from all obligations.
4. The customer is only responsible for reducing the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
5. Along with the returned product or products, the Customer is obliged to return all products that he received for free. The product or products should be returned immediately, not later than within 14 fourteen days from the date of withdrawal from the contract.
6. The returned product (or products) should be packed in an appropriate manner, protecting against damage in transit.
7. The customer covers all direct costs of returning the item (e.g. packaging, security, posting).
8. Due to the security of the parcel sent with returned products, the Store recommends sending it back in a suitable packaging, with due diligence having regard to the type of transport and the type of goods.
9. The store offers goods from the category of armchairs, sofas, tables and furniture for storage, which are sent by oversized parcel which, due to their nature or quantity, cannot be returned by regular mail. The cost of returning such goods depends on the way the customer returns (including the chosen transport company) and can be as high as PLN 500 per item (for details, see the "14 days return" page).
10. The returned product or products should be sent - unless the Store has agreed otherwise - to the Store's correspondence address given in section I point 1.
11. The Store will immediately, no later than within 14 days from the date of receipt of the returned products, a refund together with delivery costs, to the bank account indicated by the Customer or via the same payment channel used by the Customer when making the purchase.
12. The right to withdraw from a distance contract does not apply to services whose subject is a product manufactured according to the customer's specifications or serving to satisfy his individual needs.
13. Store Service does not accept return parcels sent COD.
VI. SHIPMENT DAMAGE
1. A customer making a purchase in the Store, pursuant to art. 545.§ 2. KC, in the event of sending the item sold to the destination via the carrier, is obliged to examine the shipment in time and in the manner adopted for such shipments; if he stated that during transport there was a loss or damage to things, he is obliged to perform all actions necessary to determine the liability of the carrier.
2. An example of the carrier's liability determination may be the damage report drawn up and signed, which should be sent using the complaint form or to the Store's correspondence address given in section I point 1.
VII. COMPLAINTS
1. Pursuant to the applicable provisions of the Civil Code regarding warranty, the Customer purchasing a new product for a purpose not related to business or professional activity has the right to lodge a complaint if, within two years of its issuing to the Customer, a defect is found constituting its non-compliance with the contract.
2. Complaints should be sent by e-mail, via the on-line form, by post or by phone to the Store's address given in section I point 1.
3. The Store will respond to the complaint within 14 calendar days and inform the Customer about the proposed way of further proceeding (possible repair or exchange of goods as well as repair and replacement dates, and ultimately price reduction or full refund).
4. Regardless of the Store's proposal, the Customer has the right to request included in the provisions of the Civil Code regarding warranty.
5. The customer is not entitled to withdraw from the contract if the defect is negligible.
6. If the data or information provided in the complaint are incomplete and require supplementing - before considering the complaint, the Store will ask the Customer to fill in the deficiencies in the indicated scope.
7. The Store, if it is necessary to submit a complaint, will arrange the collection of the advertised goods within a time limit agreed with the Customer.
8. Due to the security of the advertised product, the Store recommends securing it in appropriate packaging, with due diligence having regard to the type of transport of the goods and the type of goods.
9. In the event of an unjustified complaint caused by damage to the product due to the fault of the customer, all reasonable costs associated with the transport of the complained goods shall be borne by the customer.
10. The seller is not responsible for the non-compliance of consumer goods with the contract, if the buyer knew about the non-compliance at the time the contract was concluded.
11. In the event that the customer has bought used or defective goods, the warranty period for the customer is 1 year, counting from the date of delivery.
VIII. WARRANTY
1. Goods sold by the Store may be covered by a warranty granted by the manufacturer. The warranty document is always delivered in the packaging together with the purchased goods (provided that the goods are covered by the manufacturer's warranty).
2. The Store does not guarantee the goods sold.
3. In the case of goods for which the manufacturer has granted a guarantee, the Customer may complain about a product with defects using the rights arising from the guarantee granted - in this case the Customer shall advertise the product directly in the Store, which will be the intermediary forwarding the complaint to the guarantor (the entity granting the guarantee).
IX. COMPLIANCE OF GOODS AND OFFER
1. The Store team makes every effort to ensure that the descriptions of goods placed on the Store's website are consistent with reality. The Store informs that the given parameters and properties of the goods are provided by the Store in accordance with information from manufacturers or suppliers.
2. Photos and descriptions of goods placed in the Store are subject to technical restrictions and are only intended to allow the customer to get a general idea of the properties, appearance and performance of the goods. In particular, the appearance of the goods in the photos presented in the Store may differ from the appearance of the goods, which differences may result, e.g. from monitor settings, lighting conditions or photography restrictions. In addition, the technical description of the goods may include simplifications related to its transformation into a readable version and appropriate for the purpose of placing it in the Store.
3. Goods made of natural raw materials such as leather, wood and plywood, marble, concrete are natural products and are not fully repeatable due to their nature.
4. For products made of wood and plywood, small knots may occur locally, differences in the shades of color, size and width of the wood grain, they are a completely natural effect.
5. For products made of concrete, due to the fact that they are manufactured by hand, it is possible that there are slight differences in the texture and in terms of color shades.
6. Due to the technological process of products made of glass (in particular lighting fittings), it is possible for small air bubbles to occur.
7. Despite all efforts, we cannot guarantee that the information published in the Store does not contain errors. Weaknesses and errors will be corrected as soon as the Store receives information about weakness or error. To confirm individual information on the website, you can contact the Store.
X. PROMOTIONS, DISCOUNT CODES AND PRICES
1. On the Store's website, the applicable prices are visible on the product card and their value is given in the gross amount.
2. The Store reserves the right to unilaterally change the prices of products on offer, withdraw products from the offer, modify product data and introduce new products to the Store's offer.
3. The store allows customers to obtain discount codes that entitle them to receive discounts on the purchase of products.
4. The rebate code can only be used within a specified period of time and only within one order, before placing this order. It may not be possible to use them later.
5. Discount codes can be associated with the minimum order value.
6. Discount codes cannot be combined with other codes and promotions in the Store and some products and product categories may be excluded from their operation.
7. The Store may organize promotions covering the price of one or more goods or other terms of purchase.
8. Promotions cannot be combined (unless otherwise explicitly stated in the terms of the promotion).
9. Promotions do not include transactions made (contracts concluded) before the promotion start date.
XI. CUSTOMER PERSONAL DATA
1. The personal data provided by Users is collected and processed by the Store in accordance with applicable law and in accordance with the Privacy and Cookies Policy available on the Store's websites.
2. Providing personal data by the Customer is voluntary, but necessary to place an order and use those services provided by the Store that require providing personal data.
3. According to art. 13 section 1 and 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on data protection, hereinafter: GDPR) (Journal of Laws EU L119 / 1) we inform that the administrator of your personal data is the company Ecommercity Sp. z o.o., entered in the Register of Entrepreneurs kept by the District Court Katowice-Wschód, VIII Commercial Department of the National Court Register under the number KRS 0000397698, REGON 242749710, NIP 6342797275.
4. In order to fulfill the requests related to personal data, the Customer may contact the Store in the following manner:
by mail to the following address: Ecommercity Sp. z o.o., Al. Korfantego 191 C, 40-153 Katowice
via the contact form on blowupdesign.pl
by e-mail: [email protected] or [email protected]
by phone: +48 666 669 559
4. Clients' personal data may be entrusted to partners or suppliers in order to properly process orders or process them (e.g. courier companies, sms / e-mail service operators, banks or other payment providers, suppliers / distributors of goods, law firms) , debt collection entities, public authorities).
XII. FINAL PROVISIONS
1. These regulations shall apply from 20/03/2020.
2. In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the provisions of the Civil Code, and the Act of 30 May 2014. on consumer rights.
3. The Store reserves the right to amend the Regulations in the event of changes in the law or in the event of changes in the operation of the Store.
4. All changes to the Regulations come into force on the date of the Regulations being made available on the Store's website
5. Orders placed by Customers prior to the entry into force of amendments to these Regulations are implemented according to the provisions of the day on which they accepted the Regulations.
6. Customers can access these Regulations at any time via an active link available on the Store's main page and print it.