1. General Provisions
2. Electronic services in the internet store
3. Conditions of sale
4. Methods and terms of payment for products
5. Costs, methods, and terms of deliver or pick up of product
6. Product returns
7. Extrajudicial methods of returning and receiving compensation and principles of access to these procedures
8. The right to withdraw from the contract (Regarding contracts of sale constituted from 25 of December 2014)
9. Considerations regarding businesses
10. Final provisions
11. Form to waive the contract of sale
The internet store available at the electronic address www.ministerstwodobregomydla.pl is run by Bieluń & Bieluń sp. z o.o. filed in the Central Registry and Information on Business of the Republic of Poland (CEIDG), run by the minister in charge of economic affairs, containing the address where business is conducted and the address for deliveries: ul.Sosnowa 6C, 71-468 Szczecin, Tax ID number (NIP) 8513223904, REGON 369533555, e-mail address: firstname.lastname@example.org.
WORKDAY – one day from Monday to Friday, with the exception of state holidays.
REGISTRATION FORM – a form available on the internet store for the purpose of opening an account.
ORDER FORM – Electronic service, an interactive form available in the internet store facilitating Orders, specifically by placing products in the electronic basket and beginning the terms of the Contract of Sale, such as the type of shipping and payment.
CLIENT – Any one of the following who have or are going to conclude a Contract of Sale with the vendor: (1) a physical person possessing full legal capacity and, in cases provided for in the appropriate regulations, also physical persons with limited legal capacity (2) a juridical person; or (3) an organization which does not possess legal personality, and which is the law provides legal capacity.
CIVIL LAW CODE – The law of the civil code, from 23 April 1964, (Dz.U. 1964 nr 16, poz. 93 ze zm.)
ACCOUNT – An electronic service with an individual identifier (login) and password provided by the recipient of services to the database in the ICT system of the service provider, in which all personal data is gathered and saved, including information about previous Orders in the Internet Store.
NEWSLETTER – An electronic service distributed and provided by the Service provider through the use of electronic mail (e-mail), which allows all those who use the Services to automatically receive cyclical editions of the newsletter from the Service provider, including information about Products, news, and promotions in the Internet Store.
PRODUCT – a movable thing on sale in the Internet Store, which is the object within the Contract of Sale between the Client and Vendor.
INTERNET STORE – the service provider’s internet store is available at: www.ministerstwodobregomydla.pl.
VENDOR/SERVICE PROVIDER – Bieluń & Bieluń sp. z o.o., filed in the Central Registry and Information on Business of the Republic of Poland (CEIDG), run by the minister in charge of economic affairs, containing the address where business is conducted and the address for deliveries: ul. Sosnowa 6C, 71-468 Szczecin, Tax ID number (NIP) 8513223904, REGON 369533555, e-mail address: email@example.com
CONTRACT OF SALE – contract of the sale of a Product concluded or engaged between a Client and a Vendor through the medium of the Internet Store.
ELECTRONIC SERVICE – A service provided electronically by the Service Provider for the Service Receiver through the Internet Store
SERVICE RECEIVER – Any one of the following who have or are going to conclude a Contract of Sale with the vendor: (1) a physical person possessing full legal capacity and, in cases provided for in the appropriate regulations, also physical persons with limited legal capacity (2) a juridical person; or (3) an organization which does not possess legal personality, and which is the law provides legal capacity.
LAW ON CONSUMER RIGHTS – Polish law of 30 May, 2014 on consumer rights (Dz.U. 2014 poz. 827 ze zm.)
ORDER – Statement of the will of the Client submitted through the Order Form and beginning the Contract of Sale of a Product with the Vendor.
2. ELECTRONIC SERVICES IN THE INTERNET STORE
In the Internet Store the following Electronic Services are available: Account, Order Form, and Newsletter.
Account – one can use the Account after the Service Receiver completing the following three steps: (1) completion of the Registration Form, (2) clicking on the “create an account” button, and (3) confirming your willingness to open an Account by clicking through the link sending a confirmation email to the email address provided by the Account holder. In the Registration Form it is imperative that the Service Receiver provide the following information to the Service Provider: name and surname, email address and password.
An Electronic Service Account is provided free of charge for an unspecified period of time. Service Receiver has the ability, at any time and without reason to delete the Account (delete account) by sending such a request to the Service Provider, specifically via email to hello@ministerstwodobregomydla or by mail to ul. Sosnowa 6C, 71-468 Szczecin.
Order Form – using the Order Form begins at the moment when the Client places their first Product into the electronic basket in the Internet Store. Submission of the Order occurs after the Client takes the following two steps – (1) after completing the Order Form and (2) clicks on the button “Order and Pay” on the page of the Internet Store after completing the Order Form – up to this moment the possibility exists to freely modify the data entered (to do this, one must follow the information provided on the page of the Internet Store). In the Order Form it is imperative that the Client provide the following data with regard to the Client: name and surname, address (street, house/apartment number, postal code, city/town, country), email address, telephone number and data regarding the Contract of Sale, that is the Products, number of Products, place and method of shipping, and method of payment. In the case of Clients who are not the consumers, it is required that the name of the company and Tax ID number (NIP) be provided.
The Order Form Electronic Service is provided free and has a single use character, ending with the moment of Order submission through its instrumentation or at the moment of ceasing to submit the Order through its instrumentation by the Service Receiver.
Newsletter – is provided free of charge for an unspecified period of time. The Service Receiver has the option to, at any moment and without reason, unsubscribe from the Newsletter (resignation from Newsletter) by sending the appropriate request to the Service Provider, specifically through the medium of email to firstname.lastname@example.org or via mail to: ul. Sosnowa 6C, 71-468 Szczecin.
The Service Receiver is required to use the Internet Store in keeping with the law and common sense bearing in mind respect for the personal property, copyright and intellectual property of the Service Provider and third persons. The Service Receiver is required to provide correct information. Providing false information is forbidden.
to the physical address ul. Sosnowa 6C, 71-468 Szczecin;
electronically through the use of electronic mail at: email@example.com;
Returns are submitted by the Service Receiver in the return description: (1) information and circumstances regarding the subject of return, in particular the type and date of the appearance of any improprieties; (2) requests of the Service Receiver; and (3) contact information of the return submitter – this eases and speeds up the process of investigating the return by the Service Provider. Required information in the previous sentence constitute only the form of the request and do not influence the results of the return process submitted regardless of the description of the return.
Attempts to return items through the Service Provider proceed immediately, no later than 14 calendar days from the day of its submission.
3.CONDITIONS OF ENTERING INTO A CONTRACT OF SALE
The Price of Products visible on the Internet Store is provided in Polish zloty (PLN) or EURO and include taxes (VAT). The Client is informed about the total cost including taxes as a subject of the Order, as well as the cost of shipping (including transport costs, delivery and postal services) and other costs – and when the costs of these fees cannot be determined, about the responsibility to pay them, on the Internet Store during submission of the Order, and also in the moment that the Client consents to the Contract of Sale.
4. METHODS AND TERMS OF PAYMENT FOR PRODUCT
THE MERCHANT PROVIDES THE CLIENT THE FOLLOWING METHODS OF PAYMENT FOR THE CONTRACT OF SALE:
FOR INTERNATIONAL CLIENTS:
RETURN OF FUNDS:
IN THE CASE OF THE NECESSITY OF RETURN OF FUNDS FOR A TRANSACTION CARRIED OUT BY A CLIENT WITH A CARD, THE SELLER RETURNS FUNDS TO THE BANK ACCOUNT ASSOCIATED WITH THE CARD OF THE PURCHASER.
5. COST, METHODS AND TIME PERIOD OF DELIVERY
DELIVERY OF PRODUCTS IS AVAILABLE ON THE TERRITORY OF THE REPUBLIC OF POLAND AND THE COUNTRIES OF THE EUROPEAN UNION.
DELIVERY OF PRODUCTS TO THE CLIENT IS PAID, UNLESS OTHERWISE STATED IN THE CONTRACT OF SALE. COSTS OF DELIVERY (INCLUDING FEES FOR TRANSPORT, DELIVERY AND POSTAL FEES) ARE PRESENTED TO THE CLIENT ON THE PAGES OF THE INTERNET STORE IN THE SECTION “DELIVERY COSTS” AND WHEN SUBMITTING THE ORDER, ALSO AT THE MOMENT WHEN THE CLIENT AGREES TO THE TERMS OF THE CONTRACT OF SALE.
THE MERCHANT PROVIDES THE CLIENT WITH THE FOLLOWING METHODS OF DELIVERY:
UPS Courier package
The time period of delivery of Product to the Client IS UP TO 7 WORKING DAYS, UNLESS OTHERWISE STATED IN PRODUCT DESCRIPTION OR DURING ORDERING A SHORTER TERM IS STATED. IN THE CASE OF PRODUCTS WITH DIFFERENT DELIVERY TIMES, THE DELIVERY PERIOD IS THE LONGEST GIVEN TERM WHICH, HOWEVER, CANNOT EXTEND BEYOND 7 WORK DAYS. THE TERM OF DELIVERY IS COUNTED IN FOLLOWING WAY:
6. PRODUCT RETURNS
The base and range of responsibilities of the merchant vis-a-vis the Client, if a product is sold with physical defects or legal (within warranty) universally accepted legal statutes, in particular the civil law code. For Contracts of Sale conducted up to 24 December 2014 the base and range of responsibilities of the Merchant towards the Client as a physical person who receives a Product for personal use, on the basis of the fact that a Product is not consistent with the Contract of Sale described under universally accepted legal statutes, in particular the law of 27 July 2002 on the specific conditions of consumer sale and amendment to the Civil Code (Dz.U. 2002 nr 141, poz. 1176 ze zm.).
The Merchant is obligated to deliver the Product to the Client without defects. Specific information regarding the responsibilities of the Merchant vis-a-vis Product defects and the rights of the Client are outlined on the Internet Store page in the section “Product returns.”
Returns can be submitted by the Client for example:
In writing to the address: Bieluń & Bieluń sp. z o.o., UL. NIEMIERZYŃSKA 29A , 71-436 SZCZECIN or electronically to the address: firstname.lastname@example.org;
In the return description the Client must provide: (1) information and circumstances regarding the subject of return, in the particular the type and date of the appearance of a defect; (2) request of the method to correct the Product so that it meets the Contract of Sale or a request to lower the price or resign from the Contract of Sale; and (3) contact information of the person requesting a return – this eases and speeds up the process of Returns for the Merchant. The above requirements are simply a form of request and do not affect the results of the submitted return, with the exception of the actual description of the return.
The Merchant will respond to the Client’s return immediately, no later than 14 calendar days from its submission. In the absence of a response from the Merchant in the term outlined above indicates that the Merchant has accepted the return as justified.
A Client who executes such an action under warranty is required to return the Product at the cost of the Merchant to the address: Bieluń & Bieluń SP. Z O.O. UL. NIEMIERZYŃSKA 29A , 71-436 SZCZECIN. If returning the product would be too difficult due to the type of product or its makeup, then the Client is required to make the product available in the place where it is.
7. EXTRAJUDICIAL METHODS OF CONSIDERATION FOR RETURN AND INVESTIGATION OF CLAIMS, AND THE RULES FOR ACCESS TO THESE PROCEDURES
Detailed information regarding the possibility for Clients as consumers to take advantage of extrajudicial methods of consideration for return and investigation of claims, as well as the rules for access to these procedures, are available in offices of, as well as the internet pages of, local consumer groups, social organizations charged with consumer protections, Provincial Commercial Inspectors and at the following addresses of the Office for Protection of Competition and Consumers: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php, and http://www.uokik.gov.pl/wazne_adresy.php.
The Client as a consumer possesses the following exemplary possibilities to take advantage of extrajudicial conditions for return and investigation of claims:
The Client has the right to call upon a permanent arbitral consumer court, which is based on article 37 of the law from 15 December 2000 on Commercial Inspection (Dz.U. 2001 nr 4 poz. 25 ze zm.), with a petition for a resolution of the conflict stemming from the Contract of Sale. The regulations for the organization and functioning of the permanent arbitral consumer courts are explained in the decree of the Ministry of Justice from 25 September 2001 specifying the regulations for the organization and functioning of permanent arbitral consumer courts. (Dz.U. 2001, nr 113, poz. 1214)
The Client has the right to call upon the provincial inspectorate for Commercial Inspection, in line with article 36 of the law from 15 December 2000 on Commercial Inspection (Dz.U. 2001 nr 4 poz. 25 ze zm.), with a petition to begin a mediation process in the case of an end to arbitration between the Client and Merchant. Information on the subject of the rules and operation of the mediation process carried out by the provincial inspectorate for Commercial Inspection is available in the offices of and on the internet pages of the appropriate provincial inspectorates for Commercial Inspection.
The Client can receive help free of charge in order to resolve a conflict between a Client and Merchant, taking advantage thus of free help from the county (or city) representative for consumers (such as Federation of Consumers [Federacja Konsumentów], Union of Polish Consumers [Stowarzyszenie Konsumentów Polskich]). Advice can be given by the Federation of Consumers via email email@example.com, or by telephone from Union of Polish Consumers at 800 889 866.
8. RIGHT TO RESIGN FROM CONTRACTS
(REGARDING CONTRACTS OF SALE EXECUTED FROM 25 DECEMBER 2014) ↑
in writing to: Bieluń & Bieluń SP. Z O.O. UL. NIEMIERZYŃSKA 29A , 71-436 SZCZECIN;
or electronically to: firstname.lastname@example.org;
The starting point to resign from the contract begins:
for a contract in which the Merchant delivers the Product, requiring a movement of property (e.g. Contract of Sale) – from the reception of the Product in the possession of the consumer or third person other than courier indicated by him/her, and in the case of a contract which (1) contains many Products which are to be delivered separately, partially or in parts – from the reception of the last Product, or part, or (2) relying on regular delivery of the Products during a given time – from reception of the first of the Products;
for remaining contracts – from the day the contract is entered into.
In the case of resigning from a contract entered into remotely, the contract is considered cancelled.
The Merchant has the responsibility to immediately return all payments received to the consumer, not later than within a 14-day term from the day of the consumer’s declaration of resignation from the contract, including the costs of Product delivery (with the exception of extra costs due to the method of shipping chosen by the Client that may differ from the least expensive normal method available in the Internet Store). The Merchant returns payment using the same method of payment which the consumer used, unless the consumer expressly agreed to a different method of payment, which will not incur any additional costs for the consumer. If the Merchant did not propose that he/she will himself pick up the Product form the consumer, he/she can then withhold repayment until he/she receives the Product or evidence that the Product has been shipped, depending on which of these occurs first.
The consumer has a responsibility to, immediately, no later than within a period of 13 calendar days from the day in which he/she resigned from the contract, return the Merchant’s Product or give it to a person empowered by the Merchant for pick up, unless the Merchant proposed that he/she will pick up the product themselves. In order to meet the deadline the Product must be sent before its end. The consumer can return Products to: Bieluń & Bieluń SP. Z O.O. UL. NIEMIERZYŃSKA 29A , 71-436 SZCZECIN
The consumer is responsible for the decreasing value of the Product resulting from use of it in a way that extends beyond necessities of its stated character, qualities, and functioning of the product.
The consumer is responsible for any costs that may arise from resignation from the contract:
If the consumer chose a Product delivery method which differs from the cheapest usual method of delivery available in the Internet Store, the Merchant is not responsible to return any extra costs incurred to the consumer.
The consumer is directly responsible for the costs of returning the Product
In the case when a Product in question is a service provided which – on the stated request of the Consumer – began before the end of the period in which one resigned from the contract, the Consumer who is exercising their right to resign from the contract after expressing such a request, is responsible for paying for services rendered to the point when the consumer resigned from the contract. The amount owed is calculated proportionally to the amount of services provided with respect to the price or compensation agreed upon in the contract. If the price or compensation is inordinate, then the basis for the calculation of the amount is the market value of the service provided.
The right to resign from a contract entered into at a distance is not extended to consumers with respect to the following contracts:
(1) for the provision of services if the Merchant carried out these services in full in agreement with the expressed agreement of the consumer, being informed before services began that after the rendering of services by the Merchant, the consumer loses the right to resign from the contract; (2) in which the price or compensation is reliant on the changes of the financial market, over which the Merchant has no control, and which can appear before the period of resignation from the contract; (3) a case in which the subject of the service is a non-prefabricated Product, produced according to the specifications of the Consumer or serving his or her specific individual needs; (4) a case in which the subject of the order is a Product that spoils or expires quickly; (5) a case in which the subject of the order is a Product delivered in a sealed package which cannot be returned after opening for health and safety reasons if the package was opened after delivery; (6) a case in which the subjects of the order are products which after delivery, because of their makeup, are irreversibly joined to other things; (7) a case in which the subjects of the order are alcoholic drinks, the price of which was agreed upon when the Contract of Sale was concluded, and the delivery of these products can only be undertaken after 30 days, and the value of which is reliant on the changes of the market, over which the Vendor has no control; (8) a case in which the consumer clearly requests that the Vendor come to the consumer in order to carry out urgent repairs; if the Vendor offers additional services other than those which the consumer requested, or delivers Products other than those replacement parts necessary to carry out repairs, the right to resign from the contract belongs to the consumer in relationship to the additional services or Products; (9) a case in which the subjects of the order are sound or video records, or computer programs delivered in a sealed package, if the package was opened after delivery; (10) delivery of periodicals, with the exception of subscription contracts; (11) contracts concluded before public auction; (12) on the provision of accommodation services, other than living quarters, hauling of things, rental cars, prepared food, services related to: vacationing, entertainment, sporting or cultural events, if a day or period is set within the contract for the provision of services; (13) on the delivery of digital items that are not saved on a physical medium, if the fulfilling of services began with the expressed consent of the consumer before the end of the term to resign from the contract and after being informed by the Vendor of the loss of their right to resign from the contract.
9. CONSIDERATIONS CONCERNING BUSINESSES
The vendor has the right to resign from the Contract of Sale entered into with a Client who is not a consumer in the period of 14 calendar days from the day the contract began. Resignation from the Contract of Sale in this case can take place without explanation and does not cause any claim to arise from the side of the Client, who is not a consumer, in relation to the Vendor.
In the case of Clients who are not consumer, the Vendor has the right to limit the available methods of payment, and to also require pre-payment in part or in whole, independent from the chosen method of payment by the Client and the fact of entering into the Contract of Sale.
From the moment the Vendor hands over the Product to a delivery service, advantages and burdens related with the Product and potential to contingent loss or damage of the Product. The Vendor, in that case, is not responsible for the loss or damage of the Product arising from delivery until the Client receives it, and for delay in delivery of the package.
In the case of sending a Product to the Client through the medium of a delivery service, the Client who is not a consumer is responsible for investigating the time and method the package was accepted, with packages of this type. If it turns out that in the time of delivery, damages have occurred to the Product, the Client is responsible for taking all steps necessary to establish the responsibility of the Delivery service.
In keeping with Art. 558 § 1 of the Civil Law Code, the Vendor is not responsible for a warranty of the Product towards a Client who is not a consumer.
In the case of Receivers of Service who are not consumers, the Service Provider can resign from the contract providing an Electronic Service with immediate effect and without naming reasons vis-a-vis sending Service Receivers the appropriate declaration.
Responsibility of the Service Provider/Vendor in relation to the Service Receiver/Client who is not a consumer, without regard for its legal basis, is limited – both in terms of a single claim, and for all kinds of claims – to the amount paid and costs of deliver from the title of Contract of Sale, however, not more than the amount of one thousand Polish zloty (PLN). The Service Provider/Vendor is only responsible for typical damages expected in the moment of entering into the contract and does not carry responsibility for any losses in relation to a Service Receiver/Client who is not a consumer.
All disagreements arising between the Vendor/Service Provider and Client/Service Receiver who is not a consumer are handed over to the appropriate court with regard to home office of the Vendor/Service Provider.
10. CONCLUDING CONSIDERATIONS
Contracts concluded through the Internet Store are incorporated in Polish.
11. SAMPLE FORM: RESIGNATION FROM CONTRACT
(This form should be filled out and sent only when one wishes to resign from contract) – Addressor: Bieluń & Bieluń SP. Z O.O. UL. NIEMIERZYŃSKA 29A , 71-436 SZCZECIN
– I/We(*), with the following letter, inform you that I/We(*) are resigning from the contract of sale of the following items(*), contract of delivery of the following items(*), work contract for the execution of the following things(*)/provision of the following services(*)
– Date of entrance into the contract(*)/reception(*)
– First name and surname of the consumer/s(*)
– The address of the consumer/s (*)
– Signature of the consumer/s(*)
(*)Cross that which is not appropriate