TERMS AND CONDITIONS OF THE ONLINE STORE
These terms and conditions define the rules of making purchases in the BAYLABEL online store run by the Seller at www.baylabel.pl. The owner of the Store: HBL INVESTMENTS Julia Górecka NIP tax ID: 6462972634, Turzyn 71, 42-235 Turzyn, Poland, email: baylabel@baylabel.pl
You can contact the Service Provider:
using the e-mail address:baylabel@baylabel.pl
- 1 Definitions
- Terms and Conditions – these Terms and Conditions. With regard to services provided by electronic means, the Terms and Conditions are those referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144, item 1204 as amended).
- Customer – a natural person, a legal person or an organizational unit without legal personality and having the capacity to perform legal actions, who, under the terms of these terms and conditions, places an Order in the Online Store.
- Consumer – a customer who is a natural person, using the Online Store for purposes not directly related to his or her business or professional activity.
- Service Provider – an entity providing sales services through the Online Store on the terms specified in these Terms and conditions.
- Subject of transaction – Goods listed and described on the website of the Online Store.
- Goods – a movable item, presented in the Online Store, to which the Sales Contract applies.
- Additional service – a service provided by the Service Provider to the Customer outside the Online Store in connection with the nature of the Goods sold.
- Sales Contract – a contract for the sale of Goods within the meaning of the Civil Code Act, concluded between the Service Provider and the Customer, using the Store’s website.
- Online Store (Store) – BAYLABEL website available at the address baylabel.pl through which the Customer may place an Order.
- Order – a declaration of will of the Customer specifying unambiguously the type and quantity of the Goods, with the direct purpose of concluding the Sales Contract.
- ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for a given type of network.
- 2 General rules
- These Terms and Conditions define the rules of use of the online store available at the address baylabel.pl
- The condition for placing an Order in the Online Store by the Customer is that he or she has read these Terms and Conditions and accepts their provisions during the performance of the Order.
- The BAYLABEL online store conducts retail sales via the Internet.
- All Goods offered in the BAYLABEL store are free from physical and legal defects.
- Within the technical requirements necessary to cooperate with the ICT system used by the Service Provider to carry out purchases, the Customer should have an active e-mail account (e-mail) and a device connected to the Internet
- The Customer is obliged not to provide content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties.
- 3 Placing orders
- All prices given in the Internet store are gross prices in Polish zloty. The prices do not include shipping costs.
- Orders are accepted through the website and by e-mail.
- Orders can be placed via the website 24 hours a day, 7 days a week, all year.
- An order is deemed effective if the Customer correctly fills in the order form and correctly provides contact details, including the exact address to which the Goods are to be sent and the telephone number and e-mail address.
- In case the data provided are not complete, the Seller shall contact the Customer. If the contact with the Customer is not possible, the Seller has the right to cancel the Order.
- In the process of placing an order, the customer may express willingness to receive a fiscal receipt or a VAT invoice, which may be attached to the shipment being sent or sent electronically, to the indicated e-mail address in the form of an electronic image of settlement documents, in particular such as: VAT invoices with schedules, corrective VAT invoices with schedules and forms. This consent also authorizes the Seller to issue and send VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of 20 December 2012 on sending invoices in electronic form, the rules for their storage and the procedure for making them available to the tax authority or tax inspection authority.
- In the course of placing an Order, the Customer may consent to the inclusion of personal data in the database of the Seller’s Online Store in order to process them in connection with the execution of the Order. If consent is granted, the Customer has the right to inspect his or her data, correct it and demand its removal.
- The Customer may use the option of storing his data by the system in order to facilitate the process of placing another Order. For this purpose, the customer should provide the login and password necessary to access his account. The Customer’s login is the e-mail address provided by the Customer. A password is a sequence of characters determined by the Customer. The Customer’s password is not known to the Seller and the Customer is obliged to keep it secret and protect it from unauthorised access by third parties.
- After placing an effective order, the Customer shall receive an automatic response from the store confirming receipt of the order.
- After placing an order by the Customer, the Online Store cannot change the conditions of sale, including the price of the goods, delivery costs or physical characteristics of the goods.
- In the case of selection by the Customer:
- payment by bank transfer, electronic payment or payment card – the Customer is obliged to make payment within… calendar days from the date of conclusion of the Sales Contract – otherwise the order shall be cancelled.
- payment on delivery – the Customer is obliged to make payment on delivery of the parcel.
- payment in cash upon personal collection of the parcel – the Customer is obliged to make payment upon collection of the parcel within… days from the date of receiving information about the parcel being ready for collection.
- The start time of the order shall be the moment the payment is received on the bank account specified in the order confirmation in case of payment by bank transfer or card or the moment the order is made in case of choosing the option “payment on delivery”.
- 4 Shipping costs and time
- The Customer may use the following methods of delivery or collection of the ordered Product:
- GLS courier service
- InPost courier service
- InPost parcel stations
- In some cases agreed upon by the parties, it is possible to collect the goods personally at the seller’s premises.
- The goods are sent to the address indicated in the order form or provided by phone or e-mail. The store shall immediately inform the customer about an incorrectly completed order form, which prevents or may delay the shipment.
- The goods are delivered by specialised courier companies.
- Shipments are sent from 1 to 10 business days from the receipt of payment/recorded payment at the most (usually we realize orders within 24-72h). In special cases (i.e. holidays, vacation, etc.), the order completion time is extended to 14 business days from the moment the funds are credited to the bank account or when the ordered products are completed.
- Personalised shipments shall be sent out depending on the day on which the manufacturer shall print the material (this day may change) so the wait time for a personalised shipment is 3 to 20 business days.
- The Customer shall be charged with the costs of delivery (shipping) as specified in the price list for transport available on the store’s website.
- 5 Payments
- We issue a receipt or a personal proof of purchase (invoice) for each product sold.
- The Customer can use the following payment methods:
- PayPal electronic payment system
- Payment by bank transfer to the Seller’s account
- Payment through the przelewy24.pl payment system
- 6 Withdrawal from the contract
- According to the law, the customer has the right to withdraw from the contract within 14 calendar days from the date of delivery of goods, of which they are hereby informed. Providing a timely statement is sufficient to remain within the due date. The declaration may be submitted on a form, a specimen of which is attached to the Act on Consumer Rights of 30 May 2014. In case of withdrawal from the contract, the cost of delivery of the returned goods shall be borne by the Customer. The Customer has no right of withdrawal in the cases specified in Article 38 of the Consumer Rights Act, i.e. in the scope of, among others: a) The Customer has no right of withdrawal if the subject of the sales contract is an item of non-prefabricated goods, manufactured to the consumer’s specifications or to meet their individual needs – this applies to all personalized Baylabel brand products and engraved addresses.
- The period referred to in paragraph 1 shall start to run from the time when the goods are delivered to the Consumer or to a person other than the carrier indicated by them.
- In the case of a Contract which covers several Products which are delivered separately, in lots or parts, the time limit indicated in paragraph 1 shall run from the delivery of the last item, lot or part.
- The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. In order to meet the time limit for withdrawal from the Contract, it is sufficient for the Consumer to send a statement before the expiry of this limit.
- The statement may be sent by traditional mail or by e-mail by sending it to the e-mail address of the Seller.
- In case of sending the statement by the Consumer by e-mail, the Seller shall immediately provide the Consumer with a confirmation of receipt of the statement on withdrawal from the Contract to the e-mail address provided by the Consumer.
- In the case of withdrawal from a remote contract, the contract is considered as not concluded. What the parties provided is returned unchanged unless the change was necessary within the limits of ordinary management.
- Effects of withdrawal from the Contract:
- In case of withdrawal from the Distance Contract, the Contract shall be null and void.
- In case of withdrawal from the Contract, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, return the payments made by the Consumer.
- The Seller shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which shall not involve any costs for them.
- The Seller may withhold the return of payment until the returned Product is received or until proof of its return is provided, whichever occurs first.
- The Consumer should send the Product back to the address of the Seller specified in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer informed the Seller of their withdrawal from the Contract. The time limit shall be met if the Consumer sends back the Product before the 14-day limit.
- The Consumer shall bear the direct costs of returning the Product.
- Article 38 of the Act of 24 June 2014 (as amended) on Consumer Rights contains a list of goods and services to which the right of withdrawal is not applicable.
- 7 Complaint procedure
- In the case of non-compliance of the goods with the contract, the Customer should send back to the Store, at the expense of the Store, the goods subject to the complaint together with a description of the non-compliance.
- The Store shall respond to the Customer’s complaint within 14 business days of the return of the goods together with a description of the non-compliance.
- If honouring the justified complaint requires sending a new product to the Customer or removing the non-compliance, the delivery costs shall be borne by the Store.
- Individual settings of the Customer’s computer and monitor causing incorrect or distorted display of information about the goods (e.g. colours) cannot be the basis for a complaint.
- If the complaint is not honoured, the shipping costs shall be borne by the Buyer.
- 8 Privacy policy and personal data protection
- The controller of personal databases provided by customers of the online store in connection with purchases is the Service Provider.
- The personal data of the Customers collected by the controller via the online store are collected for the purpose of the implementation of the Sales Contract, and if the Customer agrees, also for marketing purposes.
- The recipients of personal data of the Customers of the Online Store may be:
- In the case of a Customer who uses the Online Store’s delivery method by mail or courier, the Controller shall make the collected Customer’s personal data available to a selected carrier or intermediary carrying out shipments at the Controller’s request.
- In the case of a Customer who uses an electronic payment method or a payment card in the Online Store, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
- The Customer has the right to access and correct their data.
- The provision of personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Contract results in the impossibility of concluding such a contract.
- 9 Amendments of the Terms and Conditions
- The Terms and Conditions shall come into force on the day of publication on the Store’s website.
- These Terms and Conditions may be amended.
- Changes to the Terms and Conditions shall be published on the Store’s website.
- Information about changes in the Terms and Conditions shall be sent to the Customer to the e-mail address indicated in the order.
- Amendments to the Terms and Conditions shall enter into force 14 days after the date of their publication in the manner specified in paragraph 3.
- The Store recognizes that the Customer has accepted the amendments to the rules if they have not terminated the contract by the end of the period indicated in paragraph 5.
- 10 Final provisions
- In matters not regulated by these Terms and Conditions, the provisions of the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22 item 271 as amended), the Act of 27 July 2002 on special conditions of consumer sales, the Act of 24 June 2014 on consumer rights and amending the Civil Code (Journal of Laws 2002 No. 141 item 1176 as amended), the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16 item 93 as amended) apply.
- Disputes arising from the application of these Terms and Conditions and in connection with the performance of the contracts concluded between the Store and the Customers shall be rules over by the court of proper jurisdiction in accordance with the provisions of the Act of 17.11.1964 Code of Civil Procedure (Journal of Laws No. 43 item 296 as amended).
Date of publication of the terms and conditions: 17.01.2017