TERMS AND CONDITIONS FOR THE
BOHEMISOUL.COM ONLINE SHOP
- The bohemisoul.com online Shop operates in accordance with the principles set out in these terms and Conditions.
- These Terms and Conditions specify the rules of concluding and terminating Product Sales Agreements, the course of the complaints procedure, the type and scope of electronic services rendered via the bohemisoul.com Shop, the rules of providing these electronic services and concluding and terminating electronic service agreements.
- Upon initiating actions aimed at using the Electronic Services of the bohemisoul.com Shop, every User agrees to be legally bound and to abide by these Terms and Conditions.
- To all matters not settled herein the following provisions of Polish law shall apply:
- Act on Rendering Electronic Services of 18 July 2002,
- Consumer Rights Act of 30 May 2014,
- Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
- Provisions of the Civil Code Act of 23 April 1964 and all other applicable provisions of Polish law.
DEFINITIONS FOR THESE TERMS AND CONDITIONS
- REGISTRATION FORM − shall refer to the electronic form available at www.bohemisoul.com required for Account registration.
- ORDER FORM – shall refer to the electronic form available at bohemisoul.com, required for Order placement.
- CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organized collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
- NEWSLETTER – shall refer to the free subscription email information service allowing Users to receive updates on the Products available via the Shop.
- PRODUCT – shall refer to any movables or services available at bohemisoul.com and covered by the Sales Agreement concluded between the Customer and the Seller via the online Shop.
- TERMS AND CONDITIONS − shall refer to these Terms and Conditions for the Shop.
- SHOP − shall mean the Service Provider’s online Shop at bohemisoul.com.
- SELLER, SERVICE PROVIDER – Agnieszka Balbierz trading as BOHEMI SOUL AGNIESZKA BALBIERZ entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, registered office: ul. Jana Sawy 8/05, 20-632 Lublin, Poland, place of business and address for service: ul. Jana Kasprowicza 97B, 34-520 Poronin, Poland, tax identification number NIP: 7123120917, statistical number REGON: 061631167, email address: firstname.lastname@example.org
- SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
- DIGITAL CONTENT – data provided by the Seller in digital form (voucher), access to which is obtained by downloading to the Customer’s device.
- ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
- USER − shall refer to any natural person, legal person or unincorporated body granted full legal capacity under imperative provisions of law, using the Electronic Services.
- ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
PRODUCT AND ORDER INFORMATION
- The Shop located at bohemisoul.com store sells Products via the internet.
- The Products offered via the Shop are new, free from physical or legal defects and have been legally introduced onto the Polish market.
- The information provided at bohemisoul.com does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.
- The Product prices displayed at bohemisoul.com are given in Polish zlotys (PLN) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery fees.
- The Product prices at bohemisoul.com only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
- Orders can be placed through the website 24 hours a day, 365 days a year, by completing the Order Form available at bohemisoul.com.
- The Customer is responsible for the correctness of the data entered in the Order Form.
- The Customer is not required to register an account to place an Order.
- Customers are required to read and accept these Terms and Conditions during Order placement.
- Orders are processed between: 08:00 and 16:00 Monday to Friday on working days. Orders placed after 15:00 on working days as well as Orders placed on Saturday, Sunday or a public holiday shall be processed the next working day.
- Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.
CONCLUDING SALES AGREEMENTS
- In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 6 and 8 of these Terms and Conditions, by choosing one of the methods made available by the Seller.
- After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.
- Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email.
- The Order confirmation email shall include:
- confirmation of all relevant Order details,
- agreement withdrawal form,
- these Terms and Conditions containing information on the right of withdrawal.
- After receiving the confirmation email, as set forth under point 4 of this paragraph, the Sales Agreement between the Customer and the Seller is finally concluded.
- Each Sales Agreement will be confirmed by a proof of purchase (invoice), which will be attached to the Product and / or sent by email to the email address provided by the Customer in the Order Form.
METHODS OF PAYMENT
- The following payment options are made available by the Seller:
- electronic payment via electronic payment systems (Przelewy24.pl, PayPal.com, PayU.pl, Apple Pay, Google Pay),
- via Klarna or PayPo.
- All electronic payments must be completed before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks.
- The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 15 minutes from the moment of its conclusion, unless indicated otherwise in the Sales Agreement.
- In the case of payment set forth under point 1.1. of this section the Product shall be dispatched only after payment is received.
DELIVERY COST, TIME AND METHOD
- Product delivery costs, covered by the Customer, are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.
- The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
- the time for completing the Products is 3 business days (except for pre-order Products, where the time of completing and delivering to the Customer is indicated in the Product card on the Store’s website) from the moment of positive transaction authorization by the electronic payment system,
- the delivery of Products that are movable items by the carrier takes place within the period declared by the carrier, i.e. 2 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
- Products purchased in the Store are shipped via a courier company.
- Digital Content not saved on a durable medium is sent to the email address provided by the Customer in the Order Form.
- Manufacturer’s Warranty
- All Products sold through the Shop are covered under the manufacturer’s warranty which is applicable in the territory of the Republic of Poland.
- The warranty period for the Products sold through the Shop is 12 months and it is counted from the date of delivery of the Product to the Customer.
- The document entitling to warranty protection is the proof of purchase.
- The warranty does not exclude the rights of the Consumer and the entities referred to in § 10 hereof, resulting from the warranty for physical and legal defects of the Product, specified in the Civil Code.
- Statutory warranty
- The legal basis and the extent of the Seller’s liability to the Consumer-Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April 1964 (Dz. U. No. 16, item 93, as amended).
- Notice of a Product defect and all relevant demands should be submitted via email to the following address: email@example.com or in writing to the following address: ul. Jana Kasprowicza 97B, 34-520 Poronin (Poland).
- The notice, submitted electronically or on paper, should contain sufficient details about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
- Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: ul. Jana Kasprowicza 97B, 34-520 Poronin (Poland).
- A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt.
- In the case of complaints submitted by the Consumer-Customer or the entity referred to in § 10 hereof – the Seller’s failure to consider the complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favor. If a complaint is decided in favor of the Consumer-Customer or the entity referred to in § 10 hereof, the Seller shall bear the costs and expenses incurred in connection with the pick-up, delivery and replacement of the defective Product with one free from defects.
- The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.
RIGHT TO WITHDRAW
- With the reservation of point 10 of this section, the Consumer-Customers or the entity referred to in § 10 hereof, has the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the Consumer-Customer must notify the Seller of their decision to withdraw from the agreement by an unequivocal statement (e.g. by submitting the sample withdrawal statement provided by the Seller).
- In the case of withdrawal from a Seles Agreement, the agreement is considered null and void. In case of withdrawal from the Agreement, the Customer or the entity referred to in § 9 hereof, must return the Product to the Seller or any person authorized by the Seller without delay and no later than within 14 days from the withdrawal date, unless the Seller offered to collect the Product from the Customer. To comply with the time limit, it is sufficient that the Product is dispatched on time.
- In case of withdrawal from a Sales Agreement the Product should be sent to the following address: ul. Jana Kasprowicza 97B, 34-520 Poronin (Poland),
- The Consumer or the entity referred to in § 10 hereof shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
- With the reservation of points 6 and 8 of this section, the Seller shall reimburse to the Consumer all payments received from them, including the cost of delivery. The refund shall be made using the same method of payment initially used by the Consumer or the entity referred to in § 10 hereof, unless the Consumer has expressly agreed otherwise; in any event the Consumer will not incur any fees as a result of such reimbursement. Subject to point 7 of this section, the return will take place immediately, and no later than within 14 days of receipt of a statement of withdrawal from the Sales Agreement by the Seller.
- The Seller shall not be required to reimburse the supplementary costs resulting from the type of delivery chosen by the Consumer or the entity referred to in § 10 hereof other than the least expensive type of standard delivery offered by the Shop.
- If the Seller does not offer to pick up the Product from the Consumer or the entity referred to in § 10 hereof himself, the Seller may withhold reimbursement until he has received the Product back or the Consumer has supplied evidence of having sent back the Product, whichever occurs first.
- The Consumer or the entity referred to in § 10 hereof who withdraws from a Sales Agreement under point 1 of this section, must only bear the direct cost of returning the Product to the Seller.
- The “cooling-off” period expires 14 days after the day the Consumer or the entity referred to in § 10 hereof received the Product, or after the day of concluding an agreement for the provision of services.
- The right of withdrawal in any event does not apply to Sales Agreements:
- the subject of which are non-prefabricated products made to the Consumer’s specification or intended to fulfil their individual needs,
- the subject of which is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- the subject of which are things that after delivery, due to their nature, are inseparably connected with other things,
- the subject of which is a service, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller they will lose the right to withdraw from the contract,
- the subject of which is an item subject to rapid deterioration or having a short shelf life.
- Both the Customer and the Seller have the right to withdraw from the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.
TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
- This paragraph contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights, referred to in § 10 hereof.
- The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.
- The Seller has the right limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.
- The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Product shall pass to the business Customer when the Product is picked up from the Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.
- The business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Product is missing, wrong or damaged they should take all measures necessary to establish the liability of the carrier.
- The Service Provider may terminate the Electronic Service Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
- An entrepreneur conducting sole proprietorship (this paragraph does not apply to commercial companies) is protected by the Act on Consumer Rights, provided that the Sales Agreement it concludes with the Seller is not of a professional nature.
- A person conducting business activity, referred to in item 1 of this section, is protected only in the scope of:
- prohibited contractual provisions – the so-called abusive clauses,
- liability under the warranty for physical and legal defects of the Product, in accordance with § 7 hereof,
- the right to withdraw from a distance agreement, in accordance with § 8 hereof.
- The entrepreneur referred to in item 1 of this section loses his/her consumer protection rights in the event that the Sales Agreement he/she has concluded with the Seller is of professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
- Entrepreneurs referred to in item 1 of this section are not covered by institutional protection provided to Consumers by the President of UOKiK.
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
- concluding Product Sales Agreements,
- Website Account,
- These Terms and Conditions shall apply to all Electronic Services provided via bohemisoul.com.
- The Service Provider reserves the right to display advertising content at bohemisoul.com. Advertisements are an integral part of the online Shop and the materials presented therein.
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services set forth under § 11 point 1 hereof are free of charge.
- Term of the agreement:
- Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
- Electronic Services Agreements for Account management are concluded for an indefinite period of time.
- Electronic Services Agreements for the provision of Newsletter are concluded for an indefinite period of time.
- End-user hardware, network and software requirements for the ICT system used by the Service Provider:
- computer (or mobile device) with an active internet connection,
- access to email account,
- internet browser,
- The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner that does not infringe the personal rights and intellectual property rights of any third party.
- The User is obliged to provide accurate and complete information to the Service Provider.
- The User is prohibited from providing any unlawful or illegal content.
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
- Complaints regarding any Electronic Services provided via bohemisoul.com should be submitted via email to firstname.lastname@example.org
- All complaints should contain sufficient details about the subject of the complaint and the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
- All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
- A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
- Terminating an Electronic Services Agreement:
- Continuing and indefinite-term Electronic Services Agreements (e.g. Account, Newsletter) may be terminated.
- The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: email@example.com
- The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services Agreements in the event that the User violates any obligation under these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease-and-desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall come into effect within 7 days of serving an advance notice in writing (agreement termination period).
- The notice of termination leads to a cessation of legal relations with the effect for the future.
- Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.
- All content published at bohemisoul.com (with the stipulation of § 15 point 3 hereof as well as materials used under a license, assignment of copyrights or fair use) is protected by the copyright law and is the exclusive property of Agnieszka Balbierz trading as BOHEMI SOUL AGNIESZKA BALBIERZ, seat: ul. Jana Sawy 8/05, 20-632 Lublin, Poland, place of business and address for service: ul. Jana Kasprowicza 97B, 34-520 Poronin, Poland, tax identification number NIP: 7123120917, statistical number REGON: 061631167. The User shall bear all liability for damages to the Service Provider caused by any use of the content of the website located at bohemisoul.com without the consent of the Service Provider.
- Any use or reproduction of the content of the website located at bohemisoul.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
- All trade names, Product names, company names and their logos used on the Store’s website at bohemisoul.com belong to their owners and are used only for identification purposes, including registered trademarks. All materials, descriptions and photos presented on the Store’s website at bohemisoul.com are used for informational purposes.
- Agreements concluded via the Shop are construed in accordance with the laws of Poland.
- Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
- Any disputes between the Shop and the Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 5 of this section.
- Judicial dispute settlement procedures:
- Any disputes arising between the Service Provider and the User (Customer) or the entity referred to in § 10 hereof shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
- Any disputes arising between the Service Provider and the non-consumer User (Customer) referred to in § 9 hereof shall be settled by the court having jurisdiction over the Service Provider’s registered office, i.e. Aleja 3 Maja 31/4, 34-500 Zakopane.
- Consumer-Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalized, such as submitting a request for mediation or a request for arbitration to the competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts assigned to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organization for consumer protection. Alternative Dispute Resolution procedures are free of charge.
- The Consumers may submit complaints through the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.