Terms and conditions of the HOLDS WORLD online store

Terms and conditions of the HOLDS WORLD online store

Companies;

BaRocka s.c.

ul. Lubrzanka 68, 25-361. Kielce,

§ 1
GENERAL PROVISIONS
1 The store HOLDS WORLD operates under the terms and conditions set forth in these Regulations.
(2) The Regulations set out the terms and conditions for the conclusion and termination of Contracts for Sale of a Product and the complaint procedure, as well as the types and scope of services provided electronically by the HOLDS WORLD Store, the rules for the provision of these services, the terms and conditions for the conclusion and termination of contracts for the provision of services electronically.
(3) Each Service Recipient, as soon as he takes steps to use the Electronic Services of the HOLDS WORLD store, is obliged to comply with the provisions of these Regulations.
(4) In matters not covered by these Regulations, the provisions of:
1. the Electronic Services Act of July 18, 2002,
2. the Law on Consumer Rights of May 30, 2014,
3. the Act on out-of-court resolution of consumer disputes of September 23, 2016,
4. the Civil Code Act of April 23, 1964 and other relevant provisions of Polish law.

§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
1. ORDER FORM - a form available on the HOLDS WORLD website that allows placing an Order.
2. CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
3. CONSUMER - a natural person who performs a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
4. PRODUCT - a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
5. rules and regulations - these rules and regulations of the Store.
6. SHOP - the Service Provider's online store operating at www.holdsworld.com.
7. SELLER, SERVICE PROVIDER - BaRocka s.c..
8. SALE AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller through the Store.
9. ORDER - Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

§ 3
INFORMATION ON PRODUCTS AND THEIR ORDERING
1. store HOLDS WORLD sells Products via the Internet.
(2) Products offered in the Store are new, free from physical and legal defects and have been legally introduced into the Polish market.
(3) The information contained on the web pages of the Store does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to purchase a particular Product under the conditions specified in its description.
(4) The Product price shown on the Store's website is given in EURO, which on the proof of purchase will be converted into PLN at the current exchange rate on the day of purchase. The price does not include delivery costs (these are specified in §6).
5th Orders can be placed through the website by email holds@barocka.com. - 24 hours a day throughout the year.
(6) The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.

§ 4
CONCLUSION OF SALES AGREEMENT
(1) In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order using the method made available by the Seller, in accordance with § 3 item 5 and 6 of the Regulations.
(2) After placing an Order, the Seller shall immediately confirm its receipt.
(3) Confirmation of receipt of the Order, as referred to in Item 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail message.
(4) Confirmation of receipt of the Order shall include:
1. confirmation of all essential elements of the Order,
2. a withdrawal form,
3. these Regulations containing instructions on the right to withdraw from the contract.
(5) Upon receipt by the Customer of the e-mail message referred to in item 4 of this paragraph, the Sales Agreement between the Customer and the Seller is concluded.
(6) Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product or provided electronically in the process of order placement.

 


§ 5
METHODS OF PAYMENT
1. the Seller provides the following methods of payment:
1. payment by traditional transfer to the Seller's bank account,
2. payment through an electronic payment system.
(2) In the case of payment by traditional transfer, payment should be made to the bank account number:

PLN 63 1140 2004 0000 3702 8068 2451,

USD: 55 1140 2004 0000 3512 1393 7638,

EURO 56 1140 2004 0000 3712 1653 7219

In the title of the transfer, please write "Order No. ...".


(3) In the case of payment through an electronic payment system, the customer shall make payment before the Order is processed. In response to the order, the customer receives an individual payment link to the email or sms (if he wishes in advance) which I use to make payment. The electronic payment system allows you to make payment by credit card or quick transfer from selected Polish banks.

4. the Customer is obliged to make payment under the Sales Agreement for the products selected and approved by him in the Order Form - in accordance with the calculation given on the sales receipt within 3 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5. the Product will be shipped only after it has been paid for.


§ 6
COST, TIME AND METHODS OF DELIVERY OF THE PRODUCT
1. the Product delivery costs, which are covered by the Customer, are determined during the Ordering process and are included separately on the proof of sale. They depend on the size of the ordered items, their quantity and weight.

(2) The delivery time of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
1. the time of completing the Products will be agreed by e-mail, as it depends on the availability of the Products selected by the Buyer and the manufacturer's lead times
2. delivery of Products which are movable items by the carrier is within the time declared by the carrier, i.e. 3-7 working days from the moment of sending the shipment (delivery takes place only on working days excluding Saturdays, Sundays and holidays).
(3) Products purchased in the Store are shipped through a courier company (in a pallet shipment or cardboard box) or, if agreed, through personal collection.

 

§ 7
PRODUCT COMPLAINT
(1) The basis and scope of the Seller's liability to the Customer who is a Consumer under the Complaint involving physical and legal defects, are set forth in the Civil Code Act of April 23, 1964, the Consumer Rights Act of May 30, 2014, the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016,

(2) Notification of defects concerning the Product and submission of the corresponding request can be made via;

* email to: holds@barocka.com

* in writing to:

BaRocka s.c., ul.Dolna 276, Mąchocice Kapitulne 26-001


-in the above written or electronic message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The seller also recommends that such notification be accompanied by as detailed photographic documentation as possible.

The information provided will greatly facilitate and expedite consideration of the complaint by the Seller, for the assessment of physical defects of the Product, it should be delivered to the address BaRocka s.c., 276 Dolna Street, Mąchocice Kapitulne 26-001


(3) The Seller shall respond to the Customer's request immediately, no later than within 14 days from the moment of filing a complaint,
(4) In the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance. In connection with a legitimate complaint of a Customer who is a Consumer, the Seller shall cover the costs of collection, delivery and replacement of the Product with a defect-free one,
(5) The response to the complaint is provided on paper or other permanent medium such as email or SMS.

 § 8
RIGHT OF WITHDRAWAL
(1) Subject to points 10 and 11 of this paragraph, a Customer who is also a Consumer who has entered into a contract at a distance may withdraw from the contract without giving reasons by making a statement to that effect within 14 days.
(2) In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or give it to a person authorized by the Seller to receive it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to receive the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration. In case of withdrawal from the Sales Agreement, the Product should be returned to the address: BaRocka s.c., 276 Dolna Street, Mąchocice Kapitulne 26-001.
(3) The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer should handle and inspect the Products only in the same way as he could do in a stationary store.
(4) Subject to clauses 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of delivery using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer. Subject to point 7 of this paragraph, the refund will be made immediately, and at the latest within 14 days after receipt by the Seller of the statement of withdrawal from the Sales Agreement.
(5) If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery offered by the Store, the Seller shall not be obliged to reimburse him, the additional costs incurred by him.
(6) If the Seller has not offered to collect the Product from the Consumer himself, the Seller may withhold reimbursement of payments received from the Consumer until he receives the item back or provides proof of its return, whichever event occurs first.
(7) The Consumer withdrawing from the Sales Agreement, in accordance with Section 1 of this paragraph, shall bear only the cost of returning the Product to the Seller.
(8) The fourteen-day period within which the Consumer may withdraw from the contract shall be counted from the day on which the Consumer took possession of the Product, and in the case of services from the date of conclusion of the contract.
(9) The right of withdrawal from the contract concluded remotely does not apply to the Consumer in the case of a Sales Agreement, inter alia, in which the subject of performance is a non-refabricated item, manufactured to the consumer's specifications or used to meet his individual needs,
(10) The right of withdrawal from the Sales Agreement shall apply to both the Seller and the Customer in the event of non-performance by the other party to the contract of its obligations within a strictly defined period of time.

(11) The above provisions do not apply to products purchased by the Customer on an individual order (the Customer chose his color, size or model of the product which was made or imported at his expressed request and was previously approved by him in correspondence conducted by e-mail).


§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
(1) The Service Provider shall make it possible through the Store to use the Electronic Service, which is the conclusion of Contracts for Sale of a Product.
2) Provision of Electronic Services to customers in the Store is carried out under the conditions specified in the Regulations.
(3) The Service Provider has the right to post advertising content on the Store's website. This content, is an integral part of the Store and the materials presented therein.


§ 10
CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
(1) Provision of Electronic Services specified in § 9.1 of the Regulations by the Service Provider is free of charge.
(2) The agreement for the provision of Electronic Services consisting of the possibility of placing an Order in the Store is concluded for a definite period of time and is terminated at the time of placing the Order or ceasing to place it by the Customer.
(3) The technical requirements necessary to work with the tele-information system used by the Service Provider:
1. computer (or mobile device) with access to the Internet,
2. access to e-mail,
3. web browser,
4. inclusion of Cookies and Javascript in the web browser.
4th The Customer is obliged to use the Store in a manner consistent with the law and morality, taking into account respect for personal property and intellectual property rights of third parties.
5. the recipient is obliged to enter data in accordance with the facts.
(6) The recipient is prohibited to provide content of an unlawful nature.

§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
(1) Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to the address:
holds@barocka.com
2. in the above e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact information. The information provided will greatly facilitate and expedite the consideration of the complaint by the Service Provider.
(3) Consideration of the complaint by the Service Provider shall take place immediately, no later than within 14 days from the date of notification.
(4) The Service Provider's response to the complaint shall be sent to the Client's e-mail address provided in the complaint notification or in any other manner provided by the Client


§ 12
FINAL PROVISIONS
(1) Contracts concluded through the Store are concluded in accordance with Polish law.
(2) In case of inconsistency of any part of the Terms and Conditions with applicable law, the relevant provisions of Polish law shall apply in place of the challenged regulation.
(3) Any disputes arising from Sales Agreements between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of an amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with paragraph 4 of this section.
(4) Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
(5) A Client who is a Consumer shall also have the right to use out-of-court means of dispute resolution, in particular by submitting, after completion of the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
(6) In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.


7. document prepared using the automatic generator available atwww.lexlab.pl/generator-regulaminu

 

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