The BOO-KA-BOO online store, available at www.bookaboo.com.pl, is run by Agata Gągała running a business under the name BOO-KA-BOO Agata Gągała entered into the Central Register and Information on Economic Activity (CEIDG) kept by minister responsible for Economy, NIP 8393192301, REGON 366417883, hereinafter referred to as the “Store”.
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
I Basic Concepts
1. Explanation of the basic concepts:
2. Personal data administrator – Seller.
3. Working days – days of the week from Monday to Friday, excluding public holidays.
4. Delivery – means delivery of the Product to the Customer by the Seller.
5. Supplier – an entity with which the Seller cooperates, and whose task is to carry out the delivery (detailed information on suppliers and supplier’s forms are specified on the Seller’s website).
6. Registration form – an electronic service, a form available in the Store enabling the creation of a Customer Account.
7. Contact form – an interactive form available in the Store that allows customers to contact the Seller.
8. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
9. Customer / User – an entity that plans to purchase or purchases the product / s, i.e. a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person, as well as an organizational unit without legal personality, which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller, hereinafter also referred to as the User.
10. A consumer is a natural person who makes a purchase for purposes that are not directly related to his business / professional activity.
11. Account – created by the Customer, it contains data provided by the Customer and information about Orders placed by him in the Store.
12. Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Newsletter – an electronic service provided by the Seller via e-mail, which allows customers to subscribe and automatically receive cyclical, free information by e-mail, e.g. about new products, promotions.
14. Purchase offer – an offer to conclude a Sales Agreement sent by the Customer at the time of placing an order in the Store.
15. Entrepreneur with the rights of a consumer – a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on Central Register and Information on Economic Activity.
16. Product / Goods – this is a product offered by the Seller on the website, which may be the subject of a sales contract.
17. Physical product – a product subject to physical shipment by post / courier or which can be picked up in person.
18. Regulations – these Sales Regulations.
19. Store / website – the website where the products are sold by the Seller.
20. Seller – a natural person running a business under the name BOO-KA-BOO Agata Gągała, in Bięcina at ul. Bięcino 49, postal code 76-231 Damnica, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for of the economy, NIP: 8393192301, REGON: 366417883.
21. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
22. Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
23. Electronic service – a service provided electronically by the Seller to the Customer via the Online Store.
24. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
II General provisions
1. The Regulations are continuously available on the website www.bookaboo.com.pl in a way that allows each User to obtain, reproduce and record its content by printing or saving on a carrier at any time.
2.The Customer undertakes to use the Online Store and the services offered by the Seller through it, complying with the provisions of law in force in the territory of the Republic of Poland and the conditions provided for in these Regulations, with respect for the principles of social coexistence, with respect for personal rights, copyrights and property intellectual property of the Seller and third parties.
3. Products offered by the BOO-KA-BOO online store are made by hand. Each item is unique. The products included in the sets may differ slightly from each other while maintaining a uniform character.
4. In fact, the colors of the products may slightly differ from those shown in the photos in the store, depending on the monitor or display settings.
5. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller.
6. Personal data is processed for the purposes, scope and on the basis of the principles set out in the Privacy Policy continuously available on the Store’s website.
7. Consent forms, the so-called checkboxes relating to the personal data of customers are available in a visible place in the store during the purchase process, to be accepted by the customer each time. Customers may at any time update, modify and withdraw consent to the processing of their personal data that has been made available to the Seller.
8. The Customer agrees to the collection, storage and processing of personal data by the Seller for purposes directly related to the implementation of the service or product ordered in the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the Privacy Policy of the Online Store.
9. The purchase of the Goods may only be made by the Customer who has his place of residence or registered office in a country located in the European Union.
10. All information contained in the Seller’s Online Store, relating to the Goods and Services (including: descriptions, prices of the Goods), do not constitute an offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract specified in Art. 71 of the Civil Code
11. Using the Online Store means any activity of the User that leads to the User becoming familiar with all the content posted on the website of the Online Store.
12. The Seller, in order to secure and ensure the protection of electronic messages, as well as digital content, implements and applies appropriate technical and organizational measures. In order to secure and minimize the risks that may arise from using the Internet, the Customer should apply appropriate technical safeguards.
13. The use of the Online Store by the Client / User shall mean any activity of the Client which leads to him / her getting acquainted with all the content posted on the Store’s website.
14. The online store has the right to organize occasional contests and promotions, the terms of which will be provided each time on the website of the online store.
15. Promotions of the Goods organized via the Online Store cannot be combined, unless the regulations of a given promotion state otherwise.
III. The most important information on Sales Agreements
1. The terms of the sale contract are specified in the Regulations and a detailed description indicated in the product description.
2. All Prices listed on the Online Store website are given in Polish zlotys (PLN) or in euro (EUR) and are gross prices (including tax, customs and other components). The prices do not include information on delivery costs or other costs that the customer will be obliged to incur and which costs will be informed when placing the order.
3. The contract for the sale of products between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store and is concluded when the Seller confirms that the order is accepted for execution. After concluding the contract, the Seller also sends the Customer its terms and conditions.
4. The message summarizing and confirming the Order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, the total price to be paid with delivery costs and the amount of discounts granted (if applicable).
5. The Seller may refuse to accept the Purchase Offer without giving any reason at its sole discretion. The reason for not accepting the Purchase Offer may be, among others, the unavailability of a given product, restrictions related to its shipment, the inability to send the payment by the Customer, failure by the Customer to meet the criteria set out in the Regulations.
IV. Rules for purchasing the product
1. Product orders may be placed 7 days a week, 24 hours a day.
2. Payment for the product can be made by traditional transfer, electronic transfer and via the PayPal system.
3. Payments will be made via the tpay service.
4. The Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
5. In order to purchase products:
1) select the product (s) that are the subject of the Order, and then click the “add to cart” (or equivalent) button.
2) after selecting the products, complete the Order Form and indicate the required information (e.g. delivery method and payment method),
3) before accepting the order, the Customer is informed about the total price for the selected products, including delivery and other additional costs resulting from the order,
4) after reading the above-mentioned information about the order, the customer should confirm that he is placing the order.
5) The customer makes the payment for the order in accordance with the selected payment method.
V Creating a User Account
1. In order to create a User Account, the User performs a free Registration by completing the Registration Form and setting an individual password for the Account.
2. If the User agrees to create an Account when placing an order, the Service Provider creates a User Account for the User when placing the order. For this purpose, the User provides an e-mail address to which a message will be sent, which includes, inter alia, an automatically generated password for the Account. After receiving this message, the User should immediately change the password.
3. The User may submit a request to delete the Seller’s User Account, but in the event of a request to delete the Account by the Seller, it may be deleted up to 14 days from the request. For this purpose, the user sends an e-mail to the Seller about the termination of the contract. The same applies to the termination of the contract by the Seller.
4. Registration is not necessary to place an order.
5. Registration is not necessary to use the products.
VI. Term of the contract. When will i receive the physical product?
1. The choice of the supplier made by the customer when placing the order has a direct influence on the time of order fulfillment.
2. The order fulfillment period is from 1 to 8 business days. Unless a different date is specified in the description of a given Good or when placing an Order.
3. The goods will be shipped by the Seller within the time limit indicated in its description, in the manner chosen by the Customer when placing the Order.
4. In the case of ordering Goods with different delivery dates, the delivery date is the longest given date.
5. In the case of ordering Goods with different delivery times, the Customer may request delivery of the Goods in parts or delivery of all Goods after completing the entire order. This option is only possible if the customer agrees to deliver the goods in parts and pays for each additional shipment.
6. The beginning of the period of delivery of the Goods to the Customer is counted from the date of crediting the Seller’s bank account,
7. In the event of exceptional circumstances or the inability to fulfill the order within the time limit indicated to the Customer, the Seller shall immediately contact the Customer in order to determine the further procedure, including setting a different date for the order, changing the delivery method or canceling the order.
8. In the event of problems with the delivery of the parcel by the Supplier, such as the Customer’s absence at the indicated address, the Supplier leaves a notification at the indicated address or by phone sets another date within which it will be possible to deliver the order. If the order is not collected within the prescribed period, the order will be sent back to the Seller. After returning, a new delivery date will be agreed with the Customer and the costs of re-delivery will be determined. The cost of returning the unclaimed goods to the Seller shall be borne by the customer.
9. The Customer should examine the received order upon receipt of the shipment, and in the event of any irregularities – has the right to request the Supplier to draw up an acceptance report.
10. The seller attaches the invoice for the order.
VII. Withdrawal from the contract (applies to Consumers and entrepreneurs with consumer rights).
When can I withdraw from the contract and how?
1. A customer who is a consumer or an entrepreneur operating on consumer rights has the right to withdraw from the contract within 14 days from the date of the contract / product delivery, subject to paragraph 2. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller about it by sending, for example, an e-mail or letter to the address indicated in the Regulations. More information about the right of withdrawal can be found in Annex 1 to the Regulations.
When is the right of withdrawal not applicable?
2. The User is not entitled to withdraw from the contract in which:
1) the subject of the service is a non-prefabricated item, manufactured according to the customer’s specification or serving to satisfy his individual needs;
2) the subject of the service is an item that deteriorates quickly or has a short use-by date;
3) the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
4) the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
5) contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
6) the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;
7) for the supply of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract
8) for the provision of services, if the Seller has fully performed the service with the express consent of the customer, who was informed before the commencement of the provision that after the performance of the service by the Seller, he will lose the right to withdraw from the contract;
9) the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
10) concluded through a public auction;
11) the subject of the service are items that after delivery, due to their nature, remain inseparably connected with other items;
VIII Rules for submitting complaints:
1. The seller cares about delivering high-quality products.
2. The customer may submit complaints regarding the purchased products.
3. The complaint should be sent to the Seller’s address indicated in the Regulations (correspondence or e-mail address).
4. The complaint should contain data enabling the Customer’s identification, the subject of the complaint and the requests related to the complaint. In the event of an incomplete complaint, the Seller will call the Customer to complete it under pain of leaving the complaint unrecognized.
5. The Seller shall immediately, but not later than within 14 days (in the case of Consumers and entrepreneurs operating on consumer rights) consider complaints, unless specific provisions provide otherwise. The answer will be sent to the Customer’s e-mail address or otherwise indicated by the Customer.
6. The liability for product quality is governed by the provisions of the Civil Code on warranty.
7. In addition to the rights resulting from the warranty, some products may be covered by the warranty. In this case, the information on guarantees will be determined, among others with the product description or in a separate document.
IX Technical conditions:
1. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
2. In order to place an order, it is necessary for the Customer to have an active e-mail account.
3. To access the purchased electronic products and services, it is necessary for the User to have a device with a current web browser supported by the manufacturer with Internet access and the Customer must have an active e-mail account.
X Final provisions:
1. The information contained on the Seller’s website does not constitute an offer of the Seller within the meaning of the Civil Code if, in accordance with the Regulations, the contract is concluded after sending the confirmation of the order, and only the invitation of customers to submit offers to conclude a sales contract in the manner described in these Regulations.
2. If the Customer is from outside the Seller’s country, he should inform the Seller, indicating his place of residence / seat, so that the tax can be settled in accordance with the applicable regulations.
3. As part of the use of products, it is forbidden to provide unlawful information or act in a manner that is against the law, decency or violates the personal rights of third parties.
4. Amicable settlement of disputes and examination of complaints. The consumer may turn to:
1) a permanent amicable consumer court with a request to resolve a dispute arising from the concluded contract.
2) the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the User and the Seller.
3) a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection and obtain assistance in the matter of a contract or has the right to
4) use the ODR platform. The platform is used to settle disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr
5. The Seller reserves the right to amend the Regulations. For contracts concluded before the entry into force of the new Regulations, the version of the Regulations in force on the date of the conclusion by the User of the Agreement shall apply.
6. For matters not regulated, the following applies, inter alia, The Civil Code, the Act – Consumer Rights, the Act on the provision of electronic services.
7. Rules regarding the protection of personal data is regulated in the Privacy Policy.
Annex 1 to the Regulations
NOTICE ABOUT THE WITHDRAWAL FROM THE CONTRACT
You can withdraw from the contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of the contract or within 14 days from the delivery of the Product.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
Our contact details: BOO-KA-BOO, Bięcino 49, 76-231 Damnica
You can use the model withdrawal form, but it is not obligatory. To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Consequences of withdrawal from the contract
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
Please send back or hand over the item to us immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from the contract. The deadline is met if you send us back the goods before the expiry of the 14-day period.
You will have to bear the direct cost of returning the goods.