Statute
ONLINE STORE REGULATIONS
bestbra.pl
I. GENERAL PROVISIONS
The online store, operating at bestbra.pl, is run by:
Maciej Iłowski (Maciej Iłowski)ul. Annopol 2 lok. 87, 03-236 Warsaw NIP: 5471932177 Regon: 243232848
mailing address:
Maciej Iłowski, 03-236 Warsaw, Annopol 2 apt. 87
e-mail address: telephone: (+48) 737 169 999 (standard call fee according to the price list of the relevant operator)
These Regulations define the rules of using the Online Store, in particular the rules of concluding sales agreements for goods in the Online Store's assortment via the Online Store, the rules of performing these agreements and the rules of complaint procedure.
Customers can access these Regulations at any time via the link on the home page www.bagatelle.sklep.pl .
Sales are conducted via the Online Store, and other informational, commercial or advertising activities may also be conducted.
II.TECHNICAL REQUIREMENTS
To use all the functionalities of the Online Store, including browsing the assortment of the Online Store and placing orders, it is necessary to meet the following minimum technical requirements:
having a computer or other multimedia device with access to the Internet;
having one of the following web browsers:
Internet Explorer version 8.0 or later with ActiveX, JavaScript and Cookies enabled,
Mozilla Firefox version 22.0 or later with Java applets, JavaScript and Cookies enabled,
Google Chrome version 28.0 or later with Java applets, JavaScript and Cookies enabled,
Opera version 12.0 or later with Java applets, JavaScript and Cookies enabled,
Apple Safari 5.0 or later with Java applets, JavaScript and cookies enabled;
having an active electronic mail (e-mail) account;
recommended minimum screen resolution of 1024 x 768 pixels.
III. RULES FOR MAKING PURCHASES.
Purchases in the online store bagatelle.sklep.pl may only be made by adults.
The Customer may purchase goods from the Online Store's assortment by placing an order. Orders may be placed twenty-four hours a day, seven days a week via the Online Store's website www.bagatelle.sklep.pl.
Orders in the Online Store are fulfilled only within Poland.
Orders must be placed in Polish. The Online Store offer is valid only in Poland.
The condition for an effectively placed order is that the Customer reads and accepts these Regulations. The Customer confirms that they have read and accepted these Regulations by checking the appropriate box before finalizing the order. Failure by the Customer to accept these Regulations during the ordering procedure prevents the order from being placed effectively, and therefore it is not possible to purchase goods via the Online Store.
By accepting the Regulations, the Customer undertakes to comply with them, in particular to use the Online Store in a manner consistent with the provisions of the Regulations.
The prices posted on the store's website are merely an invitation to submit offers within the meaning of Article 71 of the Civil Code and do not constitute an offer within the meaning of Article 66 of the Civil Code. The presented product catalog does not constitute a commercial offer within the meaning of the Civil Code, but is for informational purposes only.
To place an Order, the Customer takes subsequent technical steps based on the messages and instructions displayed in the Online Store, i.e. completes the order, selects the place of delivery of the goods, selects the payment method, fills out the order form, confirms and sends the order.
The User completes the order by selecting the product, selecting the color, selecting the size, specifying the quantity and then clicking the "add to cart" button. The "cart" contains the Products selected by the User and available in the Store's assortment at the time of placing the Order.
When placing an order, the User must provide personal data that will enable the Order to be fulfilled. The following information should be provided in the order form:
Customer's e-mail address
Client's name and surname,
Customer's telephone number,
recipient's details and delivery address of purchases, if the purchases are to be delivered to an address other than the Customer's address.
A User who has registered an Account in the Online Store may place an order using the Account after logging in to the Store. The Customer's data provided in the Account will be used to fulfill the order, unless the Customer indicates other data for the fulfillment of a specific order.
Immediately before placing the order, an order summary is displayed indicating the goods ordered and their total price and delivery costs.
The customer places an order by clicking the !!! button.
The Online Store reserves the right to reject incorrectly or only partially completed order forms.
If the order cannot be confirmed due to the buyer's fault (e.g. incorrect telephone number or e-mail address), it will be canceled.
Prices given in the Online Store are prices expressed in Polish zloty (PLN) and include VAT. The Online Store reserves the right to change prices without prior notice to the Customer, provided that price changes do not apply to orders in progress. The price given for each product is binding at the time of order confirmation by the store staff. If the price given in the order confirmation is different from the price in the online store, the customer has the right to cancel the order.
The sale is documented by the issue of a sales document, which is a fiscal receipt or, upon request, a VAT invoice (the customer must notify about the document with the Tax Identification Number when placing the order).
In order to facilitate and streamline the process of purchasing through the Online Store, e-mail correspondence is conducted between the customer and the store. Within this framework, the buyer will receive messages to the provided e-mail address regarding the products ordered by him, the selected method of payment and delivery, the recipient's data, the order number.
The order will be fulfilled provided that the goods are available in the warehouse or from the Store's suppliers. In the event of unavailability of the goods covered by the order, the Customer is informed about the status of the order and decides on the method of its fulfillment (partial fulfillment, extension of the waiting time, cancellation of the entire order).
IV. REGISTRATION, RULES OF USING THE ACCOUNT
The online store bagatelle.sklep.pl provides electronic services enabling Customers to set up and use an Account on the Store's website.
The Account service enables the Customer to use the functionalities of the Store after logging in.
Account registration in the Online Store is voluntary and free of charge.
Using the Store using an Account allows access to a number of functionalities that are not available without using an Account, including in particular access to order history, tracking the status of a placed order, as well as the possibility of submitting declarations of withdrawal from the contract and complaints electronically via an interactive form.
The Customer may register in the Store by completing the registration form – for this purpose, the Customer is required to read and accept these Regulations, as well as to express the Customer’s consent to the processing of his/her personal data provided during registration.
After registering the Account, the Customer may log in to the Online Store by entering the e-mail address and password provided during registration.
The Customer may change his/her password at any time after logging in to the Account.
The customer can recover their password using the password reminder option available in the login tab.
V. TERMS OF PAYMENT AND DELIVERY OF GOODS.
Delivery of the ordered goods is made via a courier company.
Delivery is made within 30 working days from the moment of placing a valid order. This period may be extended in the case of a large number of orders.
The customer can collect the purchased goods in person. A necessary condition for personal collection is to provide the order number.
The Online Store accepts the following forms of payment:
by traditional transfer to the Online Store account:
account number: 24 1020 1026 0000 1702 0271 8484
via the online payment system available on the website bestbra.pl
In the case of payment by traditional transfer, the goods will be shipped immediately after the payment has been credited to the Online Store's bank account.
Estimated delivery time and cost are specified in the cost table. Delivery costs may change with changes in operators' price lists.
VI. PERSONAL DATA PROTECTION.
Personal data provided by the Customer are processed by the Seller in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2015, item 2135).
The purposes and scope of the processed personal data are determined by the scope of consents and supplemented data, in particular those sent using appropriate forms. The processing of personal data of Customers concerns:
name and surname,
residential address,
e-mail address,
telephone number,
your computer's IP address.
Personal data will be processed for the purpose of:
a) implementation of legal provisions,
b) creating an account, executing an order, including providing services electronically, considering submitted complaints and other activities indicated in the regulations,
c) promotional and commercial activities of the Seller.
The processing of the Client's personal data for marketing purposes requires separate consent.
Providing personal data and consenting to their processing is voluntary, but failure to consent to the processing of personal data marked as obligatory will prevent the Seller from providing services and fulfilling contracts (subject to paragraph 4).
These consents may be withdrawn at any time by sending such a request to the Seller's e-mail or local address provided in the regulations.
The legal basis for the processing of personal data in the case referred to in paragraph 3 letter a is the statutory authorization to process data necessary for the purpose of acting in accordance with the law, while in the case referred to in paragraph 3 letters b and c, it is the contractual authorization to process personal data if it is necessary to fulfill legally justified purposes realized by the data controller or data recipients and the Client's consent.
Data is made available only for the purpose of fulfilling the Order and contracts for the provision of services by electronic means (to the carrier providing services to the Seller). Personal data collected by the Seller may also be made available to the relevant state authorities at their request on the basis of the relevant provisions of law, to other persons and entities - in cases provided for by law.
If the Customer chooses to pay for the ordered Goods via an external payment service, his or her personal data will be transferred to the operator to the extent necessary to execute the Sales Agreement.
Disclosure of personal data to entities unauthorized under these regulations may only occur with the prior consent of the Customer whose data they concern.
Customers have the right to control the processing of their data contained in data files, and in particular the right to:
- access to your personal data, supplement and correct the data by submitting such a request to the Seller,
- demand temporary or permanent suspension of their processing or their deletion if they are incomplete, outdated, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected,
- transfer of your personal data to another data controller. You can submit a request via our hotline or by sending us a traditional or electronic mail,
- object to the processing of their personal data – in cases provided for by law,
- restrictions on data processing. However, it is possible that despite your request, we will continue to process it - this applies in particular to situations where we determine, pursue or defend against claims
- request the deletion of data when it becomes unnecessary to achieve the purpose for which it was collected.
The entrusted personal data are stored and secured in accordance with the principles specified in applicable legal regulations: the Act of 29 June 1997 on the Protection of Personal Data (Journal of Laws No. 101 of 2002, item 926, as amended), the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), the Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on the documentation of personal data processing and technical and organizational conditions that should be met by devices and IT systems used to process personal data (Journal of Laws No. 100, item 1024).
Personal data will be transferred to entities outside the European Economic Area only in situations where the delivery of the order concerns such a country (carrier) or when the payment operator is based in a country outside the EEA.
The Seller applies technical and organizational measures to ensure the protection of processed personal data appropriate to the threats and categories of data subject to protection, and in particular protects data against disclosure to unauthorized persons, removal by an unauthorized person, processing in violation of the Act and change, loss, damage or destruction.
If the Seller receives information that the Customer is using the service provided electronically in a manner that is not in accordance with the regulations or applicable provisions (unauthorized use), the Seller may process the Customer's personal data to the extent necessary to determine the Customer's liability.
The website may store http queries, therefore some information may be saved in the server log files, including the IP address of the computer from which the query came, the name of the Client's station - identification performed by the http protocol, if possible, the date and system time of registration in the website and receipt of the query, the number of bytes sent by the server, the URL address of the page previously visited by the user, if the Client entered via a link, information about the user's browser, information about errors that occurred during the execution of the http transaction.
Logs can be collected and analyzed as material for the proper administration of the service and the preparation of traffic statistics on the service. The summary of such information does not identify Customers. Only persons authorized to administer the IT system have access to the information.
The personal data provided are not subject to profiling and are not used for automated decision-making.
If the client suspects that his/her data is being processed in breach of the GDPR, he/she may file a complaint with the supervisory authority for the protection of personal data in the manner indicated on the website of the supervisory authority at www.giodo.gov.pl
We process data for the period necessary to achieve the purpose of processing and as required by applicable law.
We delete or anonymise data in particular when:
- the data subject withdraws consent to the processing of personal data,
- the data subject effectively objects to further processing,
- any claims will become time-barred,
- the deadlines arising from other regulations expire.
For matters relating to personal data, you can contact us:
- by email: kontakt@b estbra.pl
- - by post to the following address:
Maciej Iłowski, 03-236 Warsaw, Annopol 2 apt. 87
VII. WITHDRAWAL FROM THE CONTRACT.
If the Customer is a Consumer, they have the right to withdraw from the contract without giving any reason within 14 days from the day on which the Consumer or a third party indicated by them (other than the carrier) actually takes possession of the purchased goods or, in the case of multiple products included in one order but delivered separately, after 14 days from the day on which the Customer or a third party indicated by them (other than the carrier) actually takes possession of the last of the products.
In order to meet the deadline for withdrawal from the contract, it is sufficient to send a declaration of withdrawal from the contract to the following address before its expiry:
Bagatelle / Maciej Iłowski
ul. Plac Czerwca 1976r. 6 lok.77
02-495 Warsaw
kontakt@bestbra.pl
The Customer may formulate the declaration himself or use the ready-made model withdrawal form provided in the annex to these Regulations.
The model withdrawal form is included in Annex No. 2 to the Act of 30 May 2014 on consumer rights (consolidated text: of 9 March 2017 (Journal of Laws of 2017, item 683)) .
Giving a reason for withdrawal is not required.
The receipt by the Online Store of a withdrawal from the contract submitted electronically will be confirmed to the Customer who is a Consumer by sending a message electronically.
In the event of withdrawal from the contract, it is deemed not to have been concluded.
If a Customer who is a Consumer has submitted a declaration of withdrawal from the contract before his offer has been accepted, the offer ceases to be binding.
In the event of withdrawal from the contract by a Customer who is a Consumer, all payments received from him for the goods, excluding shipping costs, will be refunded to him, using the same payment method that he chose when paying for the goods, unless he has expressly agreed to another method of refund, which does not generate any additional costs for the Customer who is a Consumer.
The refund will be made without undue delay, and in any case no later than within 14 days from the date on which the declaration of withdrawal from the contract was received. The Online Store may withhold the refund of payments received from the Customer who is a Consumer until the goods are received back or until the Customer who is a Consumer provides proof of sending them back, depending on which event occurs first. If the Customer who is a Consumer has chosen a method of delivery of the goods other than the cheapest standard method of delivery offered by the Online Store, the Online Store is not obliged to refund the Customer who is a Consumer the additional costs incurred by him. The Customer who is a Consumer is obliged to return the goods immediately, no later than within 14 days from the date on which he submitted the declaration of withdrawal from the contract. The store does not accept thermoformed bras with a rigid cup, swimsuits with a rigid cup, thermoformed - packed in any type of envelope - only cardboard packaging (it is best if it is the original packaging in which the swimsuit/bra came - this will prevent damage. The minimum height of the return packaging is 10 cm.) It is absolutely forbidden to return such bras or swimsuits when folded cup into cup - they should lie flat in the box - this prevents damage. If the Ordering Party fails to fulfill the obligation to return the goods on time, the Seller will withhold the refund of payments received from the Ordering Party until the goods are received back or proof of their return is provided. In connection with the above, the Seller will not be obliged to meet the deadline specified in point 7.2. To meet the 14-day deadline, it is sufficient to send the goods back before its expiry to the following address:
Bagatelle
ul. Plac Czerwca 1976r. 6 lok.77
02-495 Warsaw
A Customer who is a Consumer bears only the direct costs of returning the goods.
A Customer who is a Consumer is only liable for any reduction in the value of the goods resulting from the use of the goods in a way that goes beyond what is necessary to establish their nature, characteristics and functioning.
It is recommended to return the goods in their original packaging, which will protect the returned goods from damage. The lack of original packaging when returning does not affect the exercise of the statutory right of withdrawal.
VIII. COMPLAINTS AND WARRANTIES
The online store bagatelle.sklep.pl is obliged to deliver goods to Customers free from physical and legal defects. The online store bagatelle.sklep.pl is liable to Customers for defects in goods under the terms specified in the provisions of the Act of 23 April 1964, the Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended), in particular in art. 556 and subsequent of the Civil Code. A physical defect consists in the non-conformity of the sold item with the contract. In particular, the sold item is non-conforming with the contract if:
it does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
does not have properties of which the seller assured the buyer, including by providing a sample or model;
is not suitable for the purpose of which the buyer informed the seller at the conclusion of the contract and the seller did not raise any objection to such purpose;
was delivered to the buyer in an incomplete state
The complaint may be submitted by the Customer to the following address:
Bagatelle / Maciej Iłowski
ul. Plac Czerwca 1976r. 6 lok.77
02-495 Warsaw
kontakt@bestbra.pl
It is recommended that the complaint include:
Client's name and surname,
Client's correspondence address,
e-mail address to which the response to the complaint is to be sent, if the Client prefers to receive the response to the complaint via e-mail,
date of purchase of the goods,
type of goods advertised,
a detailed description of the defect and the date it was discovered,
Customer request,
the Customer's preferred method of being informed about how the complaint will be handled.
Submitting a complaint without including the recommended complaint description does not affect the effectiveness of the complaint.
When filing a complaint, you must provide proof of purchase of the goods, e.g. receipt (copy of receipt), invoice (copy of invoice).
The Customer who exercises the warranty rights is obliged to deliver the defective goods at the expense of the Online Store bagatelle.sklep.pl to the following address:
Bagatelle ul. Plac Czerwca 1976r. 6 lok.77
02-495 Warsaw
In the event of any deficiencies in the submitted complaint, the Online Store will ask the Customer to supplement them in accordance with the address details provided in the complaint.
Complaints are considered immediately, no later than within 14 days from the date of submission of the complaint.
The Customer will be informed about the method of handling the complaint in accordance with the data provided in the complaint.
Complaints will not be accepted:
resulting from differences in actual colours and shades in relation to the photos presented on the website of the Online Store, because the photos presented in the Online Store are illustrative and the colours may differ slightly from the actual ones,
regarding damage resulting from natural wear and tear of products,
regarding mechanical damage - abrasion, tear, tear or scratch, detachment of decorations, damage to the clasp, etc. - incurred during the use of the products by the Customer.
The Online Store is exempt from liability under warranty if the Customer was aware of the defect at the time of conclusion of the contract.
Complaints regarding the Newsletter service or other services provided electronically, including irregularities in the operation of the Online Store, can be sent to the following address:
Maciej Iłowski
Annopol 2, apartment 87
03-236 Warsaw
bestbra.pl
IX.FINAL PROVISIONS
The online store reserves the right to:
a. changes in prices and quantities of goods in the Online Store's offer during the day,
b. withdrawal of individual products from the Online Store offer,
c. conducting and canceling all types of promotional campaigns and sales.
In matters not regulated by these Regulations, the provisions of the Civil Code shall apply.
In the event of a change to these Regulations, all contracts concluded and orders placed before the date of entry into force of the change to the Regulations will be implemented in accordance with the Regulations in force on the date of conclusion of the contract and placing of the order by the Customer.
The goods sale agreement is concluded in accordance with Polish law and in Polish.
The court with jurisdiction to hear disputes arising from the sales contract is the court with jurisdiction over the defendant's registered office or the court with jurisdiction over the place of performance of the contract.
These Regulations enter into force on 15/04/2020 and apply to contracts concluded from that date.
Appendix No. 1. Sample declaration of withdrawal from a contract concluded at a distance.
Model declaration of withdrawal from a distance contract
............................................ .. ...................., on ............................
............................................
............................................
name, surname and address of the consumer
............................................
............................................
............................................
............................................
company name and address
DECLARATION OF WITHDRAWAL FROM THE CONTRACT
CONCLUDED AT A DISTANCE
I declare that in accordance with Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), I withdraw from the contract no. ... concluded on .......... .......... regarding the purchase of goods/services ……………………………………………
............................
consumer signature