RULES AND REGULATIONS OF THE ONLINE SHOP
These Rules and Regulations define the terms on which you can use the Internet Shop run by the Seller at the following address: http://www.brunonowi.com/
These Rules and Regulations do not exclude or limit the rights of a Consumer stipulated by the valid laws which cannot be changed or revoked by means of an agreement.
§1 DEFINITIONS
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Internet Shop (Shop) – Internet service available at http://www.brunonowi.com/ which enables the Buyer to place an Order for available Products;
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Postal address– name and surname or name of an institution, location in the town/city (if the town/city is divided into streets: street, number of the building, number of the flat or office; if the town/city is not divided into streets: name of the town and name of the real estate), post code and place.
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Delivery pricelist – available in overlap at: http://www.brunonowi.com/wysylka/
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Delivery – type of shipment service, defining the carrier and costs, mentioned in the delivery pricelist available at: http://www.brunonowi.com/wysylka/
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Proof of purchase – an invoice, bill or receipt issued in line with the Act on Tax on Goods and Services of 11th March 2004, as amended, and other relevant provisions of law.
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Product chart– a single, sub-chart of the Shop, containing information on a single product.
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Client – an adult individual person, who enjoys full capacity to perform legal activities, a legal person or an organizational unit which does not have legal personality, which have capacity to perform legal activities, making at the Seller the purchase related to their economic or professional activity.
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Civil Code– The Civil Code Act of 23rd April 1964, as amended.
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Code of Good Practice– a collection of regulations governing conduct, especially ethical and professional norms, mentioned in Article 2 point 5 of the Act on Counteracting Unfair Market Practice of 23rd August 2007, as amended.
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Consumer– an adult individual person who enjoys full capacity to perform legal activities, who makes at the Seller the purchase which is not related directly to their economic or professional activity.
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Basket – an integral part of the Internet Shop and the purchase system, in which the Buyer confirms the terms of Order, that is the type and quantity of products, delivery or invoice data, method of payment.
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Buyer– bothConsumer and Client.
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Place of delivery of goods – postal address indicated in the Order by the Buyer.
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Time of delivery of goods – a moment, when the Buyer or a third person indicated by them to receive the goods comes into possession of the goods.
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Payment – a method of making payment for the object of the contract and delivery mentioned at the following address: http://www.brunonowi.com/platnosc/
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Consumer Law – the Act on Consumer’s Rights of 30th May 2014.
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Product/Goods –minimal and indivisible quantity of goods which may be the subject of order and which is stated by the Seller’s shop as a measure unit when defining its price (price/unit).
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Object of the contract – products and delivery which constitute the object of the contract.
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Object of the service–object of the contract.
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Thing – a movable thing that could be or is the object of the contract.
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Seller:
BLEND OF ANNA WIŚNIOWSKA, 33-311 Wielogłowy 152
NIP (Tax Identification Number): 734-323-18-43., REGON (National Business Register Number): 122960116,
Registered and visible at the CEDIG (Central Register and Information on Economic Activity) register at the following address:
https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=ddea2441-79dd-431b-bdba-783334f53f34
BANK ACCOUNT:
– 53 1050 1722 1000 0092 0186 8487 – ING BANK ŚLĄSKI – if payment is made in the territory of Poland,
– PL 53 1050 1722 1000 0092 0186 8487 – ING BANK ŚLĄSKI – if payment is made outside Poland, but in PLN,
– IBAN: PL 53 1050 1722 1000 0092 0711 8127, SWIFT/BIC: INGBPLPW – ING BANK ŚLĄSKI – if payment is made outside Poland, but in EUR,
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System– a system of cooperating IT appliances and software, ensuring processing, storing, sending and receiving data via telecommunications networks using appropriate terminal appliance, commonly referred to as the Internet.
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Date of delivery, time of order processing – determined in §5 section 3.
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Contract – a contract concluded outside the entrepreneur’s office or at distance, as understood in the Act on Consumer Rights of 30th May 2014 in case of Consumers and a contract of sale as understood by Article 535 of the Civil Code of 23rd April 1964 for the Buyers.
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Defect – bothphysical defect andlegal defect.
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Physical defect– inconsistency between the given thing and the contract, especially if the thing:
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does not have properties which such a thing should have due to the purpose defined in the contract or resulting from circumstances or destination;
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does not have the properties of whose existence the Seller assured the Buyer,
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is not fit for the purpose of which the Buyer informed the Seller when concluding a contract, and the Seller did not make any objections as to such use of the thing;
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was given to the Buyer incomplete;
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in case it was improperly installed or started, if those activities were performed by the Seller or a third person for whom the Seller is responsible, or by the Buyer, who followed the instructions received from the Seller;
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it does not have the properties of which the producer or its representative or a person launching it on the market or a person representing himself as the producer by placing their name, logo, trademark or other mark assured, unless the Seller knew those assurances or, acting reasonably, could know them, or could have any influence on the Consumer’s decision to conclude a contract, or when their content was rectified before concluding the contract.
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Legal defect– a situation when a thing sold is a property of a third person or in encumbered with the rights of a third person, also when the limitation in using such a thing results from the decision or judgment of a relevant authority.
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Order – a declaration of will of the Buyer made via the Shop, clearly defining: the type and quantity of goods, type of delivery, method of payment, place of delivery, Buyer’s data, which directly aims at concluding a contract of sale.
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Contact data:
BRUNO NOWI
Anna Wiśniowska
Wielogłowy 152
33-311 Wielogłowy
POLSKA
phone: 661 261 132
Cost of call: according to your telecommunications operator’s pricelist.
e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
§ 2. GENERAL PROVISIONS
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These Rules and Regulations determine the terms of using the Internet Shop, especially the terms of placing and modifying an Order, making payments and other rights and obligations of the Buyer and the Seller.
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Via the Internet Shop we offer in the territory of the Republic of Poland a retail sale of Products/Goods, especially clothes and accessories, via the Internet. The Internet Shop also provides free services offered electronically, especially in form of making the Shop functionality available, including the interactive placement of an Order.
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All prices quoted by the Seller are in Polish currency and are gross prices (include VAT tax). Prices of products do not contain costs of delivery, which is specified in the delivery pricelist.
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The Seller does not provide theBuyer with guarantee as understood in Article 577 of the Civil Code.
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These Rules and Regulations are provided free of charge before concluding a contract on the Internet Shop website, and also – at the Buyer’s request – in a way that makes it possible to obtain, copy and save the content of these Rules by means of a tele-information system.
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You can only use the Internet Shop having read and accepted these Regulations.
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The Seller does not charge any money for communication with them using distant communication means, whereas the Buyer will incur the costs of such communication resulting from contracts concluded by them with a third person providing a given distant communication service for them.
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In order to use the Internet Shop and to process an Order, the following minimal technical requirements must be met:
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An appliance with Internet access,
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Installed and updated Internet browser version: Internet Explorer, Chrome, FireFox, Opera, Safari with activated JavaScript,
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Active e-mail account (e-mail),
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Recommended minimum screen resolution 1024×768 pixels.
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The Buyer is forbidden to:
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provide content forbidden by the law, infringing personal interests and other rights of third persons;
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acting in a way that violates the law or circumvents the law or in contrast to principle of social cohabitation or good manners;
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use the Internet shop in a way that disturbs its operations or which is uncomfortable for the Seller and other Buyers.
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The Seller ensures protection of electronic message by using technical and organizational means in order to safeguard data against access of unauthorized persons. Simultaneously, the Seller indicates that the use of the Internet and electronically provided services may be threatened by harmful software attacking tele-information systems and appliances of the user or unauthorized access to the Buyer’s data, including personal data, by third persons. In order to minimize the risks, the Buyer should use proper technical securities, such as anti-virus software or software preventing identification of the user in the Internet.
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The Buyer may use the option of remembering their data by the shop in order to facilitate the process of placing next orders. To do so, the Buyer should provide a login and password necessary to gain access to their account. The login and password are sequences of signs determined by the Buyer, who is obliged to keep them secret and to protect them against unauthorized access of third persons. The Buyer may view, correct, update their data and close the account at the shop at any time.
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The contract is concluded in Polish, in line with the Polish law and these Rules and Regulations.
§ 3. ORDERS
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Orders may be placed electronically via the sale system of the Shop, 24 hours a day, 7 days a week, all year round, provided their processing takes place on working days until 16.00.
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The Buyer makes an Order by virtually adding Products to their Basket. Effecting adding results in changing the Product indicator in the Basket overlap. When entering the Basket overlap you can see Products on the Order list and modify them freely.
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Having confirmed the choice of Products, the Buyer indicates in the Order form delivery data and delivery method.
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Delivery data determine recipient’s data and address at which Products are to be delivered. In case of choosing the courier delivery, the Buyer may additionally enter their phone number for contact with the courier.
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If the Buyer wishes to receive a VAT invoice, they enter invoice data.
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Having completed the Order and filled in the Order form, the Buyer confirms them and sends to the Seller by activating the “Pay” button.
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Each time, before the Order is sent to the Seller, the Buyer is shown a summary of the Order in order to confirm the Order, that is binding price (that is price of Product and shipment costs) as well as detailed information of the Order.
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In the process of placing an Order, until activating the “Pay” button, there is a chance of finding and correcting errors in the Order by the Buyer or modifying the Order, including resignation from the whole or part of Products constituting an Order.
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Having activated the “Pay” option, the Buyer may modify the Order (including resignation from the whole or part of Products constituting an order) or correct errors in entered data until the shipment with the Product comes (Processing status will be sent to the Client’s e-mail account), by direct, immediate (by phone or e-mail) contact with the Seller.
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In case of resignation (full or partial) from an order, if payment was made in advance, the return of the purchase price (corresponding part of purchase price) will be made within 14 days of receiving Buyer’s resignation by the Seller.
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Information presented in the Internet Shop constitutes an invitation to make offers by Buyers. Placing an Order by the Buyer is tantamount to making a declaration of will to conclude a Contract of Sale. Concluding a Contract of Sale takes place when a confirmation of accepting an Order for processing is sent by the Seller to the e-mail address indicated in the Order.
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The Order is valid when the Buyer, having completed the Order, properly fills in the Order form and provides correct delivery data, including correct address to which the Product is supposed to be sent. The Seller will contact the Buyer if the data are not complete. If at least two contacts with the Buyer are not possible, it is assumed that this service is impossible to render, and the Seller may cancel the Order. The Buyer will receive a confirmation of making changes or cancellation of the order to the e-mail provided by them when completing the order.
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Saving, protecting and providing access to the content of the concluded Contract is performed via the sale system and is attached to the Product sent,
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In case the Seller cannot perform their obligations due to temporary inability to perform the service, the Buyer may demand: partial processing of the Order, cancelling the whole Order and demanding return of pre-payment, freezing the processing of the Order until the missing Product is completed.
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Utrwalanie, zabezpieczanie i udostępnianie treści zawieranej Umowy następuje za pośrednictwem systemu sprzedażowego oraz dołączane jest do wysyłanego Produktu.
§ 4. PRICES AND PAYMENT
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Prices quoted on the Internet Shop website are gross prices (include all customs duties and taxes, including VAT), are given in Polish zloty or Euro and do not contain the delivery costs, which depend on the choice made when completing the Order by the Buyer.
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The binding price (the price of a product plus costs of shipping the product) is indicated in the Order summary at the moment of sending it to the Seller by activating the “Pay” button.
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Then the number of the order appears, followed by the bank account number to which the bank transfer must be made. The order processing starts after entering the payment in the Seller’s accounting books. The Seller informs electronically the Buyer of the acceptance of the order by sending an e-mail to the address given in the Order.
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Each Product sold has a separate sale document in form of a receipt or a VAT invoice. The proof of purchase is a confirmation of vital elements of the order placed.
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Prices quoted in the Internet Shop may change (for example as aresult of a promotional campaign or sale of Products) Terms of the Order cannot be changes as concerns the Buyer who made an offer indicated in § 3 of these Regulations before maing price changes.
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Shop promotions cannot be combined.
§ 5. SHIPMENT
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The necessary condition for sending the Products to the Buyer is to receive payment for the value of the Order.
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The goods are sent to the address indicated in the Order form. The Seller contacts the Buyer immediately if an incorrectly filled form makes it impossible for them to deliver the Order.
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Shipments in Poland and abroad are performed by the Polish Post or by independent courier firm.
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The time of Goods delivery is up to 4 (four) working days, that is weekdays from Monday to Friday, excluding national holidays, in which the shipment will be sent. The order processing starts after entering the payment into our accounts and is counted from the moment of shipping the order by the Seller.
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The above information is the approximate time calculated from the moment of accepting the order for processing to the moment of sending the object of the order to the Buyer through the Post Office or a courier company. The time of delivery is given taking into account completion of all ordered Products. Delivery time depends on availability of a given product.
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The Buyer covers the costs of delivery in line with the pricelist available in the overlap: http://www.brunonowi.com/wysylka/. The costs of sending the Product in the territory of Poland are incurred by the Seller, whereas abroad – the Buyer. These costs are added to the Order value in the summary.
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If before handing the shipment it turns out that tere is something missing or damaged in it, the Cartier is obliged to determine immediately in a protocol the conditio of the shipment and the circumstances of the damage. The carrier should do this also at the request of the Buyer, if the Buyer claims the shipment has been messed with.
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The Seller is not responsible for extended delivery time or lack of delivery due to the incorrect or incomplete data by the Buyer, including incorrect or incomplete delivery address.
§ 6. THE RIGHT TO RENOUNCE THE CONTRACT
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The Consumer, on the basis of Article 27 of Consumer Law is entitled to renounce the contract concluded over distance, without stating the reasons and incurring the costs, except for the costs defined in Articles 33 and 34 of Consumer Law.
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The deadline for renouncing the contract concluded over distance is 14 days from the day when you came into possession of the product or when the third person, other than a carrier, indicated by you came into possession of the product. To observe the deadline it is sufficient to send a statement before the deadline to the following e-mail address: e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
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The statement concerning the renouncement of the contract can be placed by the Consumer in a form, a sample of which can be found in the overlap: http://www.brunonowi.com/wp-content/uploads/2014/10/BRUNONOWI_formularz_zwrotu.pdf or in any other written form consistent with Consumer Law.
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Information for Buyers concerning the execution of the right to renounce the contract is available on the website: http://www.brunonowi.com/ in the overlap: http://www.brunonowi.com/zwroty/.
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The Seller excludes the possibility of making a statement concerning renouncement of the contract in other than written form.
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The Seller will immediately confirm to the Buyer to their e-mail account (given when concluding the contract or another one if it was given in the submitted statement) that they received the statement concerning renouncement of the contract.
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In the event of renouncing the contract, the contract is deemed not to have been concluded.
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The Consumer is obliged to return the product to the Seller immediately, not later than 14 days from the day of concluding the contract. In order to observe this deadline it is sufficient to send the product before the deadline.
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The Consumer sends the goods being the object of the contract which they renounced at their own cost and risk.
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The Consumer does not cover the costs of providing digital content which is not stored on a material carrier if they did not express their consent for performing the service before the end of the period in which to renounce the contract, or if they have not been informed of the right to renounce the contract at the moment of granting such consent, or if the entrepreneur did not provide the confirmation in line with Article 15 section 1 and Article 21 section 1 of Consumer Law.
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The Consumer is responsible for the decreased value of the product being the object of the contract, resulting from using it in a way that exceeded the necessary use aimed at checking its nature, features and function.
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The Seller will immediately, not later than within 14 days after receiving a statement concerning renouncement of the contract made by the Consumer, return all the payments made by the Consumer, including the costs of delivering products, and if the Consumer chose a delivery method which is not the cheapest delivery method offered by the Seller, the Seller will not return additional costs to the Consumer, as stipulated by Article 33 of Consumer Law.
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The Seller return the payment using the same payment method as the Consumer, unless the Consumer agrees clearly to accept another payment method which does not involve any costs for them.
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The Seller may refrain from returning the payment to the Consumer until they receive the product or until the Consumer sends a proof of dispatching the product, depending which event occurs earlier.
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The Consumer, in accordance with Article 38 of Consumer Law does not have the right to renounce the contract in the following situations:
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when the price or remuneration depend on financial market fluctuations over which the Seller has no control and which may occur before the period of time in which one can revoke the contract;
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the object of the service is a non-fabricated product, produced to consumer’s specifications or serving satisfaction of their individualized needs;
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the object of the service is a product which quickly deteriorates or which has a short best before date;
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the object of the service is provided in a sealed package which cannot be returned after opening it due to health or hygiene reasons if the package was open after being delivered;
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the object of the service are products which, after being delivered, due to their nature, are inseparably connected t other products;
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the object of the service are sound or visual recordings or computer software provided in a sealed package, if the package was opened after being delivered;
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provision of digital content which is not stored on any material carrier, if performance of the service was started following a clear consent of the Consumer before the period of time in which to renounce the contract and after the Consumer has been informed by the Entrepreneur of the loss of the right to renounce the contract;
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provision of newspapers, magazines or journals, except for contracts for subscription.
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§ 7. COMPLAINTS
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The Seller on the basis of Article558§1of Civil Code completely excludes its responsibility to Clients concerning physical and legal defects (warranty).
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The Seller is responsible to Consumers on the basis of Article 556 and next of Civil Code for defects(warranty).
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In case of a contract with the Consumer,ifthe physical defectws discovered within one year from the moment of handing the product to the Consumer, it is assumed that it existed at the moment the risk was passed onto the Consumer.
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The Consumer, if the purchased product has a defect, may:
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make a statement in which they demand a lower price;
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make a statement of terminating the contract;
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unlessthe Seller immediately and without any inconvenience for the Consumer, exchanges the defective product for one free of defects or removes such defect. However, if such product has already been exchanged or repaired by the Seller or the Seller has not fulfilled his obligation to exchange the product for one that is free of defects or to remove the defect, the Seller is not allowed to exchange the product or remove the defect.
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The Consumer, in place of the removal of the defect proposed by the Seller, may demand the product to be exchanged for a defect-free one, or demand the removal of the defect instead of the above exchange, unless repairing the product so that it complied with the requirements of the contract in a way chosen by the Consumer would be impossible or would require excessive costs compared to the way proposed by the Seller. When assessing the excessiveness of costs, the value of a defect-free product and the type and significance of the discovered defect are taken into account as well as the inconvenience suffered by the Consumer if his claims were satisfied in a different way.
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The Consumercannot renounce from the contract if the defect is insignificant.
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The Consumer, if the product sold to them has a defect, may also:
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demand that the product be exchanged for one without defects;
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demand that the defect be removed.
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The Seller is obliged to exchange the product for one without defects or to romove the defect within a reasonable period of time and without causing excessive inconvenience to the Consumer.
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The Seller may refuse to fulfil the request of the Consumer if making the defective product comply with the contract in a way chosen by the Buyer is impossible or compared to another possible way of achieving such compliance it would be too costly.
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In case the defective product was installed, the Consumer may demand the the Seller dismantle the product and install it again, having exchanged it for a defect-free one or removing the defect, however, the Consumer is obliged to participate in part of the costs exceeding the price of the sold product or may demand that the Seller pays the costs of dismantling and installation up to the amount of the price of the sold product. In case the obligation is not met by the Seller, the Consumer is authorized to perform these activities at the cost and risk of the Seller.
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The Consumer, who executes their rights resulting from warranty, is obliged to deliver the defectiva product at the Seller’s cost to the claims/complaints address, and if because of the nature of the products such delivery would be too difficult, the Consumer is obliged to pro vide the product for the Seller in the place where it is located. In case of not fulfilling the obligation by the Seller, the Consumer is authorized to return the products at the cost and risk of the Seller.
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Address for claims/complaints:
BRUNO NOWI
Anna Wiśniowska
Wielogłowy 152
33-311 Wielogłowy
POLSKA
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The costs of exchange or repair are covered by the Seller, except for the situation described in§7point 10.
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The Sellerundertakes to accept the defective product from the Consumer in case of exchanging the defective product for one free of defects and in case of terminating the contract.
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The Seller, within 14 days will present their opinion on:
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statement concerning request for lowering the price;
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statement concerning termination of the contract;
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request to exchange the defective product for a defect-free one;
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request to remove the defect.
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Otherwise it will be assumed that the Seller found the statement or request of the Consumer justified.
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The Seller isliable as far as warranty is concerned, if the physical defekt was discovered within two years of the time of handing the product to the Consumer, and in case of secondo-hand foods – within one year of giving the product to the Consumer.
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The Consumer’s demand to remove the defect or to exchange the sold product for one free of defects is prescribed after one year, counting from the day the defect was discovered, however, not earlier than two years from the date of giving the product to the Consumer, and in case of second-hand products – one year from the date the product was given to the Consumer.
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In case the best before date defined by the Seller or producer ends after two years from the time of handing the product to the Consumer, the Seller is liable as far as warranty is concerned for physical defects of this product discovered before that date.
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Within dates defined in§7 points 15-17the Consumermay make a statement concerning termination of the contract or lowering the product price due to the physical defect of a sold product, and if the Consumer demanded that the product be exchanged for a defect-free one or that the defect be removed, the period of time in which to make statements concerning termination of the contract or lowering the price starts on the date the deadline for exchanging the product or removing the defect passes ineffectively.
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In case of pursuing before the court or court of arbitration one of the rights resulting from warranty, the deadline for executing other rights awarded to the Consumer is suspended until the time of valid conclusion of the court proceedings. This respectively applies to the mediation proceedings, but the deadline for executing other rights resulting from warranty and awarded to the Consumer starts on the day when the court refuses to confirm the settlement made before the mediator or ineffective end of the mediation.
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In order to execute the rights resulting from the warranty for legal defects of the sold product, §7 points15-16 apply, but the time period starts on the day when the Consumer learnt about the defekt, and if the Consumer learnt about the existence of the defect only as a result of a suit of a third person – on the day a court decision issued in the dispute with the third person became valid.
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If because of the defect of the product, the Consumer made a statement concerning termination of the contract or lowering the price, they may demand redressing the damage they suffered by concluding the contract without knowing of the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and may in particular demand the reimbursement of the costs of concluding the contract, costs of collecting, transporting, storing and insuring the product, the return of investments made in the scope in which he did not obtain benefits from them, and he did not receive their return from a third person as well as the return of the court proceedings costs. This does not prejudice the provisions concerning the obligation to redress damage on general principles.
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No end of time period required for discovering the defect excludes the execution of warranty rights if the Seller concealed the defect deceitfully.
§ 9. CHANGES TO RULES AND REGULATIONS
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The Seller may change these Regulations for important reasons, especially legal or technical ones.
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The Buyers will be informed of the changes to the Regulations and the reason for such chnges in a message displayed on the home page for 30 days prior to the implementation of such changes.
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The Buyer again accepts or refuses to accept the provisions of the Regulations.
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Orders placed before the changes to the Regulations are implemented are processed in line with the current content of the Regulations.
§ 10. FINAL PROVISIONS
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In matters not governed by these Regulations, provisions of common law are applicable, especially the Act of 24th May 2014 on Consumer Rights (Journal of Laws 2014, item 827) and the Act on the Amendments to the Civil Code (Journal of Laws from 2002, number 141, item 1176, as amended), the Act of 23rd April 1964 – Civil Code (Journal of Laws from 1964, number 16, item 93 as amended).
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All materials, including elements of graphics, composition of these elements, trademarks and others, available in the Internet Shop, constitute the subject of exclusive rights, and especially are subject of copyright and industrial property rights protection. The use of materials available in the Internet Shop in Any form requires obtaining the Seller’s consent each time.
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When determining the territorial jurisdiction of the court, one should follow the rules defined in the civil procedure code. Disputes arising between the Seller and the Client who is not a Consumer, are to be solved by the court relevant to the Seller’s head office.
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The Seller does not esclude the possibility of temporary suspension of the Internet Shop availability in case it is necessary to conduct some maintenance work, technical survey, exchange the equipment or to modernize or expand the Internet Shop.
Date of publishing the Regulations: 25th December 2014.