I PRELIMINARY PROVISIONS
- The Bellamie online store, available at the website https://bellamie-shop.pl, is operated by Bellamie Paweł Wójcik, ul. H. Koprowskiego 9/1, 80-180 Gdańsk, NIP: 5833496944, Regon: 527234419.
- This Regulation applies to both Consumers and Entrepreneurs using the Store and defines the rules for using the online store as well as the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.
II DEFINITIONS
- Consumer – a natural person entering into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
- Seller – Bellamie Paweł Wójcik, ul. H. Koprowskiego 9/1, 80-180 Gdańsk, NIP: 5833496944, Regon: 527234419.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to which separate legislation grants legal capacity, conducting business activity on their own behalf and using the Store.
- Store – the online store operated by the Seller at the website https://bellamie-shop.pl.
- Distance Agreement – an agreement concluded with the Customer within an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication up to and including the moment of concluding the agreement.
- Regulation – this Store regulation.
- Order – a statement of intent by the Customer submitted via the Order Form, directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
- Account – a customer account in the Store, where data provided by the Customer and information about their Orders placed in the Store are stored.
- Order Form – an interactive form available in the Store that enables placing an Order, particularly by adding Products to the Cart and specifying the terms of the Sales Agreement, including the delivery method and payment.
- Cart – a software element of the Store where the Products selected by the Customer for purchase are visible, and it allows for determining and modifying Order details, particularly the quantity of products.
- Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the online store. Depending on the Product’s characteristics, the Sales Agreement also includes a service agreement and a contract for work.
III CONTACT WITH THE STORE
- Phone number: ……………
- Seller’s email address: sklep@bellamie-shop.pl The Customer may communicate with the Seller using the addresses and phone numbers provided in this section.
IV TECHNICAL REQUIREMENTS
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
- An end device with Internet access and a web browser,
- An active email account,
- Enabled cookie support.
V GENERAL INFORMATION
The Seller is not liable, to the fullest extent permitted by law, for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online store with the Customer’s technical infrastructure. Prices listed in the Store are in Polish zlotys and are gross prices. The final (total) amount payable by the Customer consists of the Product price and delivery costs (including transport, delivery, and postal service fees), which the Customer is informed about on the Store’s pages during the Order process, including at the moment of expressing the intent to be bound by the Sales Agreement. In the case of an Agreement involving a subscription or the provision of services for an indefinite period, the final (total) price is the total amount covering all payments for the billing period. When the nature of the Agreement does not reasonably allow for the prior calculation of the final (total) price, information on how the price will be calculated, as well as fees for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.
VI RULES FOR PLACING AN ORDER
- Select the Product that is the subject of the Order, then click the “Add to Cart” button (or equivalent);
- Fill out the Order Form by entering the recipient’s details and the delivery address, choose the type of shipment (delivery method for the Product), enter invoice details if different from the recipient’s details;
- Click the “Order and Pay” button;
- Choose one of the available payment methods and, depending on the method, pay for the Order.
VII PAYMENT METHODS
- Przelewy24
- Credit Card/Debit Card (Stripe)
- Bank transfer
- Blik
VIII PERFORMANCE OF THE SALES AGREEMENT
- The Sales Agreement between the Customer and the Seller is concluded after the Customer submits an Order using the Order Form in the online store.
- After placing an Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of Order receipt and its acceptance for processing is sent by the Seller to the Customer via an appropriate email to the address provided during the Order process, containing at least the Seller’s statements about receiving the Order and accepting it for processing, as well as confirmation of the Sales Agreement. The Sales Agreement is concluded when the Customer receives the aforementioned email.
- Product delivery is available only within Poland.
- The order processing time by the Seller is up to 5 business days.
- We undertake to deliver Products free of defects.
IX RIGHT TO WITHDRAW FROM THE AGREEMENT
- A Consumer may withdraw from the Sales Agreement within 14 days without providing any reason.
- The withdrawal period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person designated by them other than the carrier.
- In the case of an Agreement covering multiple Products delivered separately, in parts, or in batches, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.
- In the case of an Agreement involving the regular delivery of Products over a specified period (subscription), the period specified in paragraph 1 runs from taking possession of the first item.
- The Consumer may withdraw from the Agreement by submitting a withdrawal statement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
- The statement may be sent electronically by emailing the Seller or by submitting it on the Seller’s website – contact details are provided in § 3. The statement can also be made using the form, a sample of which is attached as Annex 1 to this Regulation and to the Consumer Rights Act of May 30, 2014, though this is not mandatory.
- If the statement is sent electronically by the Consumer, the Seller will promptly send confirmation of receipt to the email address provided by the Consumer.
- In the case of withdrawal from a distance Agreement, the Agreement is considered null and void.
- In the event of withdrawal, the Seller will refund the Consumer promptly, no later than 14 days from the date of receiving the Consumer’s withdrawal statement, all payments made by them, including delivery costs, except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard method offered by the Seller.
- The Seller will refund payments using the same payment methods used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution that will not involve any costs for them. The cost of the return is borne by the buyer.
- The Seller may withhold the refund until the Product is returned or until proof of its return is provided, whichever occurs first.
- The Consumer should send the Product back to the Seller’s address provided in this Regulation promptly, no later than 14 days from the day they informed the Seller of the withdrawal, to the address; Hilarego Koprowskiego 9/1, 80-180 Gdańsk, Poland. The deadline is met if the Consumer sends the Product before the 14-day period expires.
- The Consumer bears the direct costs of returning the Product, including the return costs if, due to its nature, the Product could not be returned by regular mail.
- The Consumer is only liable for any reduction in the Product’s value resulting from using it in a manner beyond what was necessary to ascertain its nature, characteristics, and functioning.
- The right to withdraw from a distance Agreement does not apply to the Consumer in the case of an Agreement:
- Where the subject of the performance is a non-prefabricated item made according to the Consumer’s specifications or serving to meet their individualized needs,
- Where the subject of the performance is an item delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery,
- Where the subject of the performance is an item subject to rapid spoilage or with a short shelf life,
- For the provision of services, if the Seller has fully performed the service with the Consumer’s explicit consent, who was informed before the performance began that they would lose the right to withdraw after the Seller’s performance,
- Where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires,
- Where the subject of the performance is items that, after delivery, are inseparably combined with other items due to their nature,
- Where the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, delivery of which can occur only after 30 days, and whose value depends on market fluctuations beyond the Seller’s control,
- Where the subject of the performance is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
- For the delivery of newspapers, periodicals, or magazines, except for subscription agreements,
- For the delivery of digital content not recorded on a physical medium, if the performance began with the Consumer’s explicit consent before the withdrawal period expired and after being informed by the Seller of the loss of the right to withdraw.
X COMPLAINTS AND WARRANTY
- The Sales Agreement covers new Products.
- If a defect occurs in a product purchased from the Seller, the Customer has the right to file a complaint based on the provisions of the Civil Code regarding warranty. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
- A complaint should be submitted in writing or electronically to the Seller’s addresses provided in this Regulation or using the electronic complaint form provided by the Seller on one of the Store’s subpages.
- It is recommended to include a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer’s details, and the Customer’s demand regarding the defective product in the complaint.
- The complaint will be processed within 14 calendar days from the date of its submission.
XI PERSONAL DATA IN THE ONLINE STORE
- The administrator of Customers’ personal data collected via the online store is the Seller.
- Customers’ personal data collected by the administrator via the online store are processed to fulfill the Sales Agreement and, with the Customer’s consent, for marketing purposes.
- Recipients of Customers’ personal data from the online store may include:
- In the case of a Customer using postal or courier delivery in the online store, the Administrator may share the collected personal data with the selected carrier or intermediary handling shipments on behalf of the Administrator.
- In the case of a Customer using electronic payments or a payment card in the online store, the Administrator may share the collected personal data with the selected entity handling these payments in the online store.
- The portal through which the order is placed – e.g., Allegro.
- The Customer has the right to access and correct their data.
- Providing personal data is voluntary, but failure to provide the personal data required by this Regulation to conclude a Sales Agreement will prevent the conclusion of such an agreement.
XII FINAL PROVISIONS
- Agreements concluded through the online store are made in the Polish language.
- The Seller reserves the right to amend the Regulation for important reasons, such as changes in legal regulations, payment methods, or delivery methods – to the extent that these changes affect the implementation of the provisions of this Regulation. The Seller will inform the Customer of any changes with at least 7 days’ notice.
- In matters not regulated by this Regulation, the applicable provisions of Polish law shall apply, particularly: the Civil Code; the Act on Electronic Services; the Consumer Rights Act; the Personal Data Protection Act.
- The Customer has the right to use out-of-court methods of complaint resolution and claim enforcement. To do so, they may submit a complaint via the EU online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.