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REGULATIONS OF THE ONLINE STORE
1. These Regulations define the general conditions, rules and method of sales conducted by Bryczek Design Sp. z o.o. with its registered office in Lublin, via the Sklep-Drzewny.pl online store (hereinafter referred to as: "Online Store") and define the terms and conditions for the provision of free electronic services.
§ 1. Definitions
1. Working days - means the days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means the actual activity consisting in the delivery to the Customer by the Seller, through the Supplier, of the Goods specified in the order.
3. Supplier - means the entity with which the Seller cooperates in the scope of Delivery of Goods:
a) DPD courier company;
b) Poczta Polska S.A. with its registered office in Warsaw;
c) InPost Paczkomaty Sp. z o.o. with its registered office in Krakow, providing Delivery and service of the PO Box system (Parcel Locker).
4. Password - means a string of letters, digits or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer - means an entity for which, in accordance with the Regulations and legal provisions, services may be provided electronically or with which a Sales Agreement may be concluded.
6. Consumer - means a natural person who concludes a legal transaction with an entrepreneur not directly related to his business or professional activity.
7. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer registers and concludes the contract for the provision of the Customer Account Management service.
8. Login - means an individual designation of the Customer, determined by him, consisting of a string of letters, digits or other characters, required together with the Password to set up a Customer Account in the Online Store. The login is the correct e-mail address of the Customer.
9. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
10. Regulations - means these regulations.
11. Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
12. Seller - means the company Bryczek Design Sp. z o.o., Juranda 10 lok.175 ,
NIP: 712 32 77 027, e-mail: bryczekdesign@gmail.com, who is also the owner of the Online Store.
13. Store Website - means websites under which the Seller runs the Online Store, operating in the Sklep-Drzewny.pl domain.
14. Goods - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.
15. Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to information in the future for a period of time appropriate for the purposes of this information, and which allows the reproduction of the stored information in an unchanged form.
16. Sales Agreement - means a distance sales agreement, on the terms set out in the Regulations, between the Customer and the Seller.
§ 2. General provisions and use of the Online Store
1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its Internet domain, the Store Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and photos presented on the Store Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and their use may take place only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. The Seller shall make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements enabling the use of the Store Website are a web browser in at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an Internet connection with a bandwidth of at least 256 kbit/s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
3. The Seller uses the mechanism of "cookies", which when Customers use the Store Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is aimed at the proper operation of the Store Website on Customers' end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customers' end devices or in the software installed on these devices. Each Customer may disable the "cookies" mechanism in the web browser of his end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.
4. In order to place an order in the Online Store via the Store Website and in order to use the services provided electronically via the Store Website, it is necessary for the Customer to have an active e-mail account.
5. It is forbidden for the Customer to provide illegal content and to use the Online Store, the Store Website or free services provided by the Seller by the Customer in a manner contrary to the law, morality or violating the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customers' data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus and identity protection programs that use the Internet. The Seller never asks the Customer to provide him with a Password in any form.
§ 3. Registration
1. In order to create a Customer Account, the Customer is obliged to register free of charge.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form provided by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. When filling out the registration form, the Customer has the opportunity to read the Regulations by accepting its content by marking the appropriate field in the form.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by ticking the appropriate box in the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known Seller or anticipated recipients of this data.
6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account Management service by electronic means. The consent may be withdrawn at any time by submitting an appropriate statement of the Customer to the Seller. The statement may, for example, be sent to the Seller's address via e-mail.
7. After sending the completed registration form, the Customer receives immediately, by e-mail to the e-mail address provided in the registration form, a confirmation of Registration by the Seller. At this moment, a contract for the provision of the Customer Account Management service by electronic means is concluded, and the Customer gains the opportunity to access the Customer Account and make changes to the data provided during Registration.
§ 4. Order
1. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Store Website 7 days a week, 24 hours a day.
3. The Customer placing an order via the Store Website, completes the order by selecting the Goods he is interested in. Adding the Goods to the order takes place by selecting the "ADD TO CART" command under the given Product presented on the Store's Website. After completing the entire order and indicating in the "BASKET" the method of Delivery and the form of payment, the Customer places an order by sending the order form to the Seller, selecting the "Order and pay" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
4. Placing an order constitutes the Customer's submission to the Seller of an offer to conclude a Sales Agreement for the Goods being the subject of the order.
5. After placing an order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
6. Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for execution. Information on the acceptance of the order for execution is the Seller's statement on the acceptance of the offer referred to in §4 section 4 above and upon its receipt by the Customer, a Sales Agreement is concluded.
7. After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.
§ 5. Payment
1. Prices on the Store's Website placed next to a given Goods constitute gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing an order.
2. The Customer may choose the following forms of payment for the ordered Goods:
a) bank transfer to the company's account (in this case, the execution of the order will begin after the Seller sends the order confirmation to the Customer);
b) cash on delivery, payment to the Supplier upon delivery (in this case, the execution of the order will begin after the Seller sends the order confirmation to the Customer).
(c) online payment by card via an external payment system PayPal (in this case, the execution of the order will begin after the Seller sends the order confirmation to the Customer and after the Seller receives information from the PayPal system about the payment made by the Customer);
3. The Customer is each time informed by the Seller on the Store's Website about the date on which he is obliged to make a payment for the order in the amount resulting from the concluded Sales Agreement.
4. If the Customer fails to pay within the time limit referred to in §5 section 3 of the Regulations, the Seller shall set an additional deadline for the Customer to make the payment and inform the Customer about it on a durable medium. The information about the additional deadline for making the payment also contains information that after the ineffective expiry of this period, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the second deadline for payment, the Seller will send the Customer on a durable medium a statement of withdrawal from the contract pursuant to Article 491 of the Civil Code.
§ 6. Delivery
1. The Seller carries out the Delivery on the territory of the Republic of Poland and the European Union.
2. The Seller is obliged to deliver the Goods being the subject of the Sales Agreement without defects.
3. The Seller publishes on the Store's Website information about the number of Business Days needed for Delivery and order processing.
4. The date of Delivery and order processing indicated on the Store Website is counted in Business Days in accordance with §5 section 2 of the Regulations.
5. The date of Delivery and execution of the order indicated on the Store Website is counted in Business Days from the date of conclusion of the Sales Agreement in the event of the Customer choosing the "cash on delivery" payment option.
6. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
7. On the day of sending the Goods to the Customer, information confirming the shipment by the Seller is sent to the Customer's e-mail address.
8. The Customer is obliged to examine the delivered parcel at the time and in the manner adopted for shipments of a given type. In the event of a loss or damage to the shipment, the Customer is obliged to request the Supplier's employee to write an appropriate damage report. Complaints without a Damage Report will not be considered.
9. The Seller, in accordance with the Customer's will, may attach a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery. The customer can also download the VAT invoice himself by logging in to the Online Store website.
10. In the event of the Customer's absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier's employee will leave a notification or attempt to contact us by phone to determine the date on which the Customer will be present. In the case of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer electronically or by phone, setting again with the Customer the date and cost of Delivery.
§ 7. Warranty
1. The Seller ensures the Delivery of Goods free of physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Customer may:
a) submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with goods free from defects or removes the defect;
b) This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with goods free from defects or to remove defects. The Customer may, instead of removing the defect proposed by the Seller, demand replacement of the Goods with one free from defects or instead of replacing the Goods, demand removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found, and the inconvenience to which the Customer would otherwise be exposed are taken into account.
c) demand replacement of the defective Goods with goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
d) The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the second possible way of bringing them into conformity with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
3. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
4. The Seller is liable under the warranty if a physical defect is found within two years from the release of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with a defect-free one expires after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on price reduction due to a defect in the Goods. If the Customer demanded replacement of the Goods with goods free from defects or removal of the defect, the deadline for withdrawal from the Sales Agreement or submission of a statement on price reduction begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
5. The Seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§ 8. Complaints
1. Any complaints related to the Goods or the implementation of the Sales Agreement, the Customer may submit in any form. We prefer the written form to the address of the Seller's registered office indicated in § 1 section 12. Rules.
2. Within 14 days from the date of the request containing the complaint, the Seller shall respond to the complaint of the Goods or the complaint related to the implementation of the Sales Agreement reported by the Customer.
3. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address sklep@sklep-drzewny.pl. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with a response.
§ 9. Warranty
1. Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of the Goods or distributor.
2. In the case of Goods covered by the guarantee, information on the existence and content of the guarantee is each time presented on the Store's Website.
§ 10. Withdrawal from the Sales Agreement
1. The Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 30 days without giving a reason.
2. The period for withdrawal from the Sales Agreement begins to run from the moment the Consumer takes possession of the Goods.
The consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller's address, via e-mail to the Seller's address. The statement may be submitted on the form, the template of which has been posted by the Seller on the Store's Website at: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry.
3. In the event of withdrawal from the Sales Agreement, it is considered null and void.
4. If the Consumer made a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until he receives the Goods back or until the Consumer provides proof of returning the Goods, whichever occurs first.
6. If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller's address before the expiry of this period.
8. In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
9. If, due to their nature, the Goods cannot be returned by post in the usual way, the Seller informs the Consumer about the costs of returning the item on the Store's Website.
10. The Consumer shall be liable for any decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
12. The right to withdraw from the Sales Agreement is not entitled to the Customer who is a Consumer in relation to contracts in which the Goods are delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
§ 11. Free services
1. The Seller provides free of charge services to Customers electronically:
a) Contact form;
b) Newsletter;
c) maintaining the Client's Account;
d) Posting Feedback.
2. The services indicated in §11 section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services, about which it will inform the Customers in a manner appropriate for the amendment of the Regulations.
4. The Contact Form service consists in sending a message to the Seller using the form placed on the Store's Website.
5. Resignation from the free contact form service is possible at any time and consists in ceasing to send inquiries to the Seller.
6. The Newsletter service may be used by any Customer who enters their e-mail address using the registration form provided by the Seller on the Store Website. After sending the completed registration form, the Customer receives immediately, by e-mail to the e-mail address provided in the registration form, an activation link to confirm subscribing to the Newsletter. Upon activation of the link by the Customer, a contract for the provision of the Newsletter service by electronic means is concluded.
The Customer may additionally check the appropriate box in the registration form during Registration in order to subscribe to the Newsletter service.
7. The Newsletter service consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services in the Seller's offer. The newsletter is sent by the Seller to all Customers who have subscribed.
8. Each Newsletter addressed to Customer data contains in particular: information about the sender, a completed "subject" field specifying the content of the shipment and information about the possibility and method of resigning from the free Newsletter service.
9. The Customer may at any time resign from receiving the Newsletter by unsubscribing via the link included in each electronic message sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
10. The Customer Account Management service is available after Registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Store's Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.
11. The Customer who has completed the Registration may submit a request to delete the Seller's Customer Account, however, in the case of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the request.
12. The Posting Opinions service consists in enabling the Seller, Customers who have a Customer Account to publish on the Store Website individual and subjective statements of the Customer regarding, in particular, the Goods.
13. Resignation from the service Posting opinions is possible at any time and consists in ceasing to post content by the Customer on the Store Website.
14. The Seller is entitled to block access to the Customer Account and free of charge services in the event of the Customer acting to the detriment of the Seller or other Customers, violation by the Customer of the law or the provisions of the Regulations, as well as when blocking access to the Customer Account and free services is justified by security reasons - in particular: breaking the security of the Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 12. Responsibility of the Customer in the scope of the content posted by him
1. By posting content and making it available, the Customer voluntarily disseminates the content. The posted content does not express the views of the Seller and should not be identified with its activities. The seller is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
2. The Customer declares that:
a) is entitled to use the author's economic rights, industrial property rights and/or related rights to, respectively, works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content;
b) placing and making available as part of the services referred to in §11 of the Regulations, personal data, image and information concerning third parties took place in a legal, voluntary manner and with the consent of the persons to whom they relate;
c) agrees to inspect the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
d) consents to making arrangements of works within the meaning of the Act on Copyright and Related Rights.
3. The Customer is not entitled to:
a) posting, as part of the use of the services referred to in §11 of the Regulations, personal data of third parties and dissemination of the image of third parties without the consent or consent of the third party required by law;
b) posting, as part of the use of the services referred to in §11 of the Regulations, advertising and/or promotional content.
4. The Seller shall be liable for the content posted by the Customers, provided that it receives a notification in accordance with §13 of the Regulations.
5. It is forbidden for Customers to post, as part of the use of the services referred to in §11 of the Regulations, content that could in particular:
a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets or related to confidentiality obligations;
c) have an offensive character or be a threat directed at other people, would contain vocabulary that violates good manners (e.g. through the use of profanity or terms commonly considered offensive);
d) be contrary to the interests of the Seller;
e) otherwise violate the provisions of the Regulations, decency, applicable law, social or moral norms.
6. In the event of receiving a notification in accordance with §13 of the Regulations, the Seller reserves the right to modify or delete the content posted by Customers as part of their use of the services referred to in §11 of the Regulations, in particular with regard to content which, based on reports of third parties or relevant authorities, it was found that it may constitute a violation of these Regulations or applicable Law. The Seller does not control the content posted on an ongoing basis.
7. The Customer agrees to the free use by the Seller of the content placed by him as part of the Store Website.
§ 13. Report a threat or violation of rights
1. If the Customer or another person or entity considers that the content published on the Store Website violates their rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know-how, secret protected by law or on the basis of an obligation, they may notify the Seller of a potential violation.
2. The Seller, notified of a potential violation, takes immediate action to remove from the Store Website the content that is the cause of the infringement.
§ 14. Protection of personal data
1. The principles of Personal Data Protection are included in the Privacy Policy.
§ 15. Termination of the contract (does not apply to Sales Agreements)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned contract and the provisions below.
2. The Customer who has completed the Registration terminates the contract for the provision of electronic services by sending the Seller an appropriate declaration of will, using any means of distance communication, enabling the Seller to become acquainted with the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Customer to the e-mail address provided by the Customer during Registration.
§ 16. Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of losses actually incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store Website.
3. If a dispute arises on the basis of the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the settlement of any disputes arising under these Regulations is Polish law.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress methods. Rules for access to these procedures are available at the offices or on the websites of entities entitled to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available at the address of http://ec.europa.eu/consumers/odr/.
5. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are executed on the basis of the Regulations that were in force on the day of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Store Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the amendment of the Regulations by means of an electronic message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §15 of the Regulations.
6. Agreements with the Seller are concluded in Polish.
7. The Regulations enter into force on 01.12.2022.