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REGULATIONS

BottleBox / REGULATIONS

REGULATIONS

 

  • 1 Definitions
  1. Personal Data Administrator:

STER Tomasz Stotko

Opole, street Pleasant 5

45-920 Opole

NIP: 9910387360, REGON: 160269301

  1. Postal address – name and surname or name of the institution, location in the town (in case of

city ​​divided into streets: street, building number, apartment or flat number; in case of

town not divided into streets: name of town and property number), zip code

and city.

 

  1. Complaint address:

info@bottlebox.eu

  1. Price list for deliveries – a list of available delivery types and their available at

costs.

  1. Contact details:

STER Tomasz Stotko

Opole, street Pleasant 5

45-920 Opole

e-mail: info@bottlebox.eu

phone: 781297408

  1. Personal data – any information regarding an identified or identifiable one

natural person. Information shall not be considered to enable a person’s identity to be determined if

this would require excessive costs, time or activities.

 

  1. Sensitive data – this is personal data containing information about racial origin or

ethnic, political views, religious or philosophical beliefs, belonging

denominational, party or trade union information, as well as health data, genetic code,

addictions, sex life, convictions, punishments and fines, and

other decisions issued in judicial or administrative proceedings.

 

  1. Delivery – type of transport service together with the carrier and cost, specified in

delivery pricelist located at

 

  1. Proof of purchase – invoice, bill or receipt issued in accordance with the Law on tax

goods and services of March 11, 2004, as amended and other applicable laws

rights.

 

  1. Product card – a single store subpage containing information about a single product.

 

  1. Customer – an adult natural person with full legal capacity, person

legal entity or organizational unit without legal personality but having the capacity to

legal acts, making a purchase directly from the Seller related to her

business or professional activity.

 

  1. Civil Code – the Civil Code Act of April 23, 1964, as amended.

 

  1. Code of good practices – a set of rules of conduct, in particular ethical standards and

professional, referred to in Article 2 point 5 of the Act on counteracting unfair practices

market dated August 23, 2007, as amended.

 

  1. Consumer – an adult natural person with full legal capacity,

making a purchase from the Seller not directly related to its business activities

or professional.

 

  1. Basket – a list of products made from products offered in the store based on the choices

Buyer.

 

  1. Buyer – both Consumer and Customer.

 

  1. Place of delivery – 45-920 Opole, ul. Pleasant 5

 

  1. The moment of handing over the item – the moment when the Buyer or the Buyer indicated by him for pickup

a third party will take possession of the item.

 

  1. ODR internet platform – an EU website based on the Regulation

(EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the Internet

consumer dispute resolution system and amendments to Regulation (EC) No 2006/2004 and

Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr

 

  1. Payment – the method of payment for the subject of the contract and delivery listed at bottlebox.eu

 

  1. Authorized entity – an entity authorized to settle disputes out of court

consumer within the meaning of the Act on extrajudicial resolution of consumer disputes of

September 23, 2016, as amended.

 

  1. Privacy policy – the principles of processing personal data by the Administrator

personal Buyers, the rights of Buyers and the obligations of the Data Administrator that it finds

at: bottlebox.eu

 

  1. Consumer law – the Act on consumer rights of 30 May 2014.

 

  1. Product – the minimum and indivisible quantity of items that may be the subject of the order and which

it is given in the Seller’s store as a unit of measure when determining its price

(Price / unit).

 

  1. Subject of the contract – products and delivery subject to the contract.

 

  1. Subject of the service – subject of the contract.

 

  1. Collection point – place of delivery of the item which is not a postal address, listed in

statement provided by the Seller in the store.

 

  1. Registry of the OCCP – a register of authorized entities kept by the Office of Competition Protection

and Consumers under the Act on the out-of-court resolution of consumer disputes of

September 23, 2016, as amended, and available at:

https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php

 

  1. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

on the protection of individuals with regard to the processing of personal data and in

the free movement of such data and repealing Directive 95/46 / EC

 

  1. Item – a movable item that may or may be the subject of a contract.

 

  1. Store – website available at bottlebox.eu via,

which the Buyer may place an order.

 

  1. Seller:

STER Tomasz Stotko

Opole, street Pleasant 5

45-920 Opole

NIP: 9910387360, REGON: 160269301

registered and visible in the CEIDG record at:

https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=e10de053-0e79-465f-aa4e-2060f0b14cc7

BANK ACCOUNT: 51 1050 1504 1000 0090 6915 0440

 

  1. System – a set of cooperating IT devices and software,

ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for a given type of network,

commonly referred to as the Internet.

 

  1. Completion date – the number of hours or working days specified on the product card.

 

  1. Contract – a contract concluded off premises or remotely within the meaning of the Act on

consumer rights of 30 May 2014 in the case of Consumers and sales contract in

meaning of art. 535 of the Civil Code of April 23, 1964 in the case of Buyers.

 

  1. Defect – both a physical defect and a legal defect.

 

  1. Physical defect – non-compliance of the item sold with the contract, and in particular if the item:
  2. it has no properties that this kind of thing should have because of the purpose in the contract

marked or resulting from circumstances or destination;

  1. does not have properties that the Seller has provided to the Consumer,
  2. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion

the contract, and the Seller has not objected to its intended use;

  1. it was delivered to the Consumer in an incomplete state;
  2. in the event of incorrect installation and commissioning, if these activities have been carried out

by the Seller or a third party for which the Seller is responsible, or

by a Consumer who followed the instructions received from the Seller;

  1. it does not have the property provided by the manufacturer or his representative or a person who

introduces the item to trading in the scope of his business and a person who through

placing your name, trademark or other sign on the item sold

distinguishes itself as a producer, unless the Seller did not know these assurances

nor, judging reasonably, he could not know or they could not influence the decision

The consumer about the conclusion of the contract, or when their content was corrected before the conclusion

agreement.

 

  1. Legal defect – a situation when the item sold is the property of a third party or is

encumbered by the rights of a third party, and also if a restriction on use or disposal

thing results from the decision or ruling of the competent authority.

 

  1. Order – Buyer’s declaration of intent made through the store specifying

clearly: the type and quantity of products; type of delivery; payment method; place of publication

things, Buyer’s data and directly aimed at concluding a contract between the Buyer and the Seller.

 

  • 2 General conditions
  1. The contract is concluded in Polish, in accordance with Polish law and these regulations.

 

  1. Place of delivery: 45-920 Opole, ul. Pleasant 5

 

  1. The Seller is obliged and undertakes to provide services and provide items free of

defects.

 

  1. All prices provided by the Seller are expressed in the Polish currency and are gross prices

(including VAT). Product prices do not include the cost of delivery, which is specified in

delivery price list.

 

  1. All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the term marked in

days end with the end of the last day, and if the beginning of the period marked in days

there is an event that is not taken into account when calculating the date of the day on which the event occurs

occurred.

 

  1. Confirmation, access, consolidation, protection of all relevant provisions of the contract

in order to gain access to this information in the future, it takes the form of:

 

  1. order confirmation by sending to the e-mail address provided: orders, invoices

pro forma, information on the right to withdraw from the contract, these regulations in pdf version,

model withdrawal form pdf version, self-download links

regulations and pattern of withdrawal from the contract;

 

  1. attach to the completed order, sent to the indicated place of issue

printed items: proof of purchase, information about the right to withdraw from the contract,

of these regulations, the model withdrawal form.

 

  1. The Seller informs about known guarantees granted by third parties for products

in the store.

 

  1. The Seller does not charge any fees for communication with him using the means

distance communication, and the Buyer shall bear its costs in the amount resulting from the contract

which he has entered into with a third party providing him with a specific enabling service

distance communication.

 

  1. The Seller provides the Buyer using the system that the store operates correctly in

following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version

9 or newer, Chrome version 10 or newer, Safari with the latest JAVA versions installed

and FLASH, on screens with horizontal resolution above 1024 px. Using third-party software

third parties affecting the functioning and functionality of browsers: Internet Explorer,

FireFox, Opera, Chrome, Safari can affect the correct display of the store, therefore in order

for full functionality of the Bottle Box store, turn them all off.

 

  1. The buyer may use the option of saving his data by the store to facilitate the process

placing another order. For this purpose, the Buyer should provide the login and password necessary for

gain access to your account. Login and password are a string of characters set by

The buyer who is obliged to keep them secret and protect against unauthorized use

third party access. The buyer has the right to inspect, amend and update at any time

data and deleting the account in the store.

 

  1. The Seller applies to the code of good practice.

 

  1. The buyer is obliged to:

 

A.A. not to provide or transfer content prohibited by law, e.g. content

propagating violence, defaming or violating personal rights and other rights

third parties,

A.B. use the store in a way that does not interfere with its operation, in particular

by using specific software or devices,

a.c. refrain from actions such as sending or placing within the store

unsolicited commercial information (spam),

A.D. use the store in a way that is not burdensome for other Buyers and for the Seller,

a.e. use all content posted as part of the store only to the extent

own personal use,

  1. F. use the store in a manner consistent with the provisions in force in the territory

Republic of Poland law, the provisions of the regulations, as well as with general principles

netiquette.

 

  • 3 Conclusion of the contract and implementation
  1. Orders can be placed 24 hours a day.

 

  1. To place an order, the Buyer should perform at least the following steps, from

some of which can be repeated many times:

  1. adding a product to the basket;
  2. choosing the type of delivery;
  3. choosing the type of payment;
  4. choosing the place of delivery;
  5. placing an order in the store by using the “Order with obligation

payments”.

 

  1. The conclusion of the contract with the Consumer takes place upon placing the order.

 

  1. The implementation of the Consumer order paid on delivery is immediate, and

orders paid by bank transfer or via the electronic payment system after

crediting the Consumer payment to the Seller’s account, which should take place within 30

days from placing the order, unless the Consumer was unable to fulfill the payment

fault and informed the Seller about it.

 

  1. The conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller,

which he informs the Customer within 48 hours of placing the order.

 

  1. The Customer’s cash on delivery order will be processed immediately after conclusion

contracts, and orders payable by bank transfer or via the payment system

electronic after the conclusion of the contract and posting the Customer’s payment to the Seller’s account.

 

  1. The implementation of the Customer’s order may depend on making a payment in whole or in part

the value of the order or obtaining a trade credit limit at least about the value of the order

or the Seller’s consent to sending the order on delivery (payable on delivery).

 

  1. The subject of the contract is sent within the time limit specified on the product card, and for

orders composed of many products in the longest time specified on the cards

products. The period begins when the order is processed.

 

  1. The purchased subject of the contract is together with the sales document chosen by the Buyer

sent by the type of delivery selected by the Buyer to the one indicated by the Buyer in

ordering the place of delivery of the item, with attached attachments, referred to in §2 point

6b.

 

  • 4 Right to withdraw from the contract

 

  1. The consumer is entitled pursuant to art. 27 Consumer Law right of withdrawal

from a distance contract, without giving a reason and without incurring costs, except for

costs specified in art. 33, art. 34 Consumer Law.

 

  1. The withdrawal period from a distance contract is 14 days from the date of delivery of the item, a

to meet the deadline, it is enough to send a statement before its expiry.

 

  1. A declaration of withdrawal from the contract may be made by the consumer on a form whose specimen

constitutes Annex 2 to the Consumer Law, on the form available at

www.bottlebox.eu or in another form consistent with consumer law.

 

  1. The Seller will immediately confirm to the Consumer by e-mail (provided when concluding the contract and

other if it was given in the submitted statement) receipt of the statement on withdrawal from

agreement.

 

  1. In the event of withdrawal from the contract, the contract is considered void.

 

  1. The consumer is obliged to return the item to the Seller immediately, but not later than 14

days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to return the items before

its expiry.

 

  1. The consumer sends back the items that are the subject of the contract from which he withdrawn at his own expense.

 

  1. The consumer shall not bear the costs of providing digital content that is not saved on the medium

material, if he did not agree to the performance before the deadline

withdraw from the contract or has not been informed about the loss of his right

withdraw from the contract at the time of granting such consent or the entrepreneur has not provided

confirmation in accordance with art. 15 paragraph 1 and art. 21 paragraph 1. Consumer law.

 

  1. The consumer is responsible for reducing the value of the item being the subject

contracts resulting from using it in a way that goes beyond what is necessary for

statements about the nature, characteristics and functioning of things.

 

  1. The Seller shall immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all made

by him payments, including the costs of delivering things to the Consumer, and if the Consumer

chose a delivery method other than the cheapest regular delivery method offered by

Seller, the Seller will not refund the consumer additional costs in accordance with Article 33

Consumer Law.

 

  1. The Seller shall refund the payment using the same method of payment as he used

The consumer, unless the consumer has expressly agreed to a different payment method which is not binding

for him at no cost.

 

  1. The Seller may withhold the refund of payment received from the Consumer until

receipt of the item or proof of sending it back by the Consumer, in

depending on which event occurs first.

 

  1. The consumer, in accordance with Article 38 of Consumer Law, shall not be entitled to withdraw from

agreement:

 

  1. in which the price or remuneration depends on fluctuations in the financial market over which

The seller has no control, and which may occur before the deadline to

withdrawal from the contract;

  1. in which the subject of the service is a non-prefabricated item, manufactured according to

consumer specifications or to meet his individual needs;

  1. in which the subject of the service is an item subject to rapid deterioration or having a short

expiry date;

  1. in which the subject of the service is an item delivered in a sealed package,

which after opening the package cannot be returned due to health protection or reasons

hygiene reasons, if the packaging has been opened after delivery;

  1. in which the subject of the service are items which after delivery, due to their own

character, they are inseparably connected with other things;

  1. in which the subject of the service are sound or visual recordings or programs

computer delivered in a sealed package, if the package has been opened

after delivery;

  1. for the supply of digital content that is not recorded on a tangible medium if fulfilling

benefits began with the express consent of the consumer before the deadline to

withdrawal from the contract and after informing him by the entrepreneur about the loss of the right to withdraw

from contract;

  1. for delivering newspapers, periodicals or magazines, with the exception of subscription contracts.

 

  • 5 Warranty

 

  1. The seller pursuant to art. 558§1 of the Civil Code completely excludes liability

towards clients due to physical and legal defects (warranty).

 

  1. The Seller is liable to the Consumer on the terms set out in art. 556

Of the Civil Code and subsequent ones for defects (warranty).

 

  1. In the case of a contract with a consumer, if a physical defect was found before the expiry

one year after the item was released, it is assumed that it existed at the time of passage

dangers for the consumer.

 

  1. The consumer, if the item sold has a defect, may:

 

  1. submit a statement requesting a price reduction;
  2. submit a statement of withdrawal from the contract;

unless the Seller replaces the item immediately and without undue inconvenience to the Consumer

defective or free from defects. However, if the item has already been replaced or

repaired by the Seller or the Seller did not meet the obligation to replace

things free from defects or removing the defect, he is not entitled to exchange things or

remove the defect.

 

  1. The consumer may, instead of the defect removal proposed by the Seller, demand

exchange the item for a non-defective one or request the removal of the defect instead of the replacement, unless

bringing things into compliance with the contract in the manner chosen by the consumer

impossible or would require excessive costs compared to the proposed method

by the Seller, while the assessment of the excessive costs takes into account the value of the item

free from defects, the type and significance of the defect found, and the inconvenience is also taken into account,

which he would expose the Consumer to another way of satisfying.

 

  1. The consumer may not withdraw from the contract if the defect is irrelevant.

 

  1. The consumer, if the item sold has a defect, may also:

 

  1. demand replacement of the item with a non-defective one;
  2. demand removal of the defect.

 

  1. The seller is obliged to replace the defective item for a non-defective one or remove the defect in reasonable time without undue inconvenience to the consumer.

 

  1. The Seller may refuse to satisfy the Consumer’s request if it leads to

compliance with the contract of a defective item in the manner chosen by the buyer is impossible either in compared with the second possible way to bring compliance with the contract would require excessive costs.

 

  1. In the event that a defective item has been installed, the Consumer may request from

Seller disassembly and reinstallation after replacement for a defect-free one

or removing the defect, however, it is obliged to bear part of the costs associated with it

exceeding the price of the item sold or may require the Seller to pay parts

disassembly and reinstallation costs, up to the price of the item sold. In case

non-performance of the obligation by the Seller, the Consumer is authorized to make these

activities at the expense and risk of the Seller.

 

  1. The consumer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if due to the type of item or method its installation, delivery of goods by the Consumer would be excessively difficult,

The consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to sending items at the expense and risk of the Seller.

 

  1. The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 item 10.

 

  1. The Seller is obliged to accept a defective item from the Consumer if the item is exchanged for

free from defects or withdrawal from the contract.

 

  1. The Seller will respond within fourteen days based on art. 5615 of the Code

civil: statements about the demand to reduce the price, requests to exchange things for free from defects,

defect removal requests. Seller within thirty days (Article 7a of consumer law)

will respond to any other statement of the Consumer that does not apply specified in

Civil Code, fourteen days.

Otherwise, he is deemed to have justified the statement or request

Consumer.

 

  1. The Seller is liable under the warranty if a physical defect is found before its expiry

two years from the moment of handing over the item to the Consumer, and if the item is sold

used less than a year after the item was delivered to the Consumer.

 

  1. Consumer claim for the removal of a defect or replacement of the item sold for one free of defects

the limitation period is one year, counting from the day the defect was found, but not earlier than before

two years have passed since the item was handed over to the Consumer, and if the subject of the sale

the item is used within one year from the moment of handing over the item to the Consumer.

 

  1. In the event when the expiry date specified by the Seller or the manufacturer

use ends after two years from the date of delivery of the item to the Consumer,

The seller is liable under the warranty for physical defects of this item found before expiry

this term.

 

  1. Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from

contract or price reduction due to a physical defect in the item sold, and if the consumer demanded

replacing the item with a non-defective one or removing the defect, the deadline for submitting a statement about

withdrawing from the contract or reducing the price begins with the expiry of the deadline

to replace things or remove the defect.

 

  1. In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty

the time limit for exercising other rights which the Consumer is entitled to in this respect shall be subject to

suspension until the final termination of the proceedings. It also applies accordingly

for mediation proceedings, the deadline for exercising other rights under the warranty,

the Consumer is entitled to run from the day the court refuses to approve the settlement

concluded before the mediator or ineffective termination of mediation.

 

  1. To exercise the rights under the warranty for legal defects of the sold item, §5 points 15-16 shall apply, except that the period begins from the day on which the Consumer learned about the existence of a defect, and if the Consumer learned about the existence of the defect only as a result of an action third party – from the day on which the decision issued in the dispute with the third party happened final.

 

  1. If due to a defect in things, the Consumer has made a statement of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, no knowing the existence of the defect, even if the damage was a consequence of circumstances for which the Seller did not bears responsibility, and in particular may request reimbursement of the costs of concluding the contract, costs receiving, transporting, storing and insuring things, reimbursement of expenses made in such to the extent that he did not benefit from them and did not receive their return from a third party or refund process costs. This does not prejudice the provisions on the obligation to make good damage on terms general.

 

  1. The expiry of any period for identifying a defect does not preclude the exercise of rights under the warranty, if the Seller has fraudulently concealed the defect.

 

  1. The Seller insofar as he is obliged to provide or provide a financial benefit for

The consumer will perform them without undue delay, no later than the time limit provided by law.

 

  • 6 Privacy policy and personal data security

 

  1. The Personal Data Administrator is responsible for lawful processing of data

personal data, and the rules for collecting, processing and storing personal data, as well as

Buyer’s rights related to his personal data.

 

  1. The Personal Data Administrator processes Buyers’ personal data on the basis of

consent and in connection with the legitimate interests of the Seller.

 

  1. The Personal Data Administrator collects and processes personal data only to the extent that

this is justified by a contractual or legal obligation.

 

  1. The Buyer’s consent to the processing of personal data is voluntary, and

consent to the processing of data for a specific purpose may be withdrawn at any time.

 

  1. The following personal data are collected for the purposes of carrying out the Buyer’s order:

 

  1. postal address – necessary for issuing proof of purchase;
  2. place of delivery of the item – necessary to address the parcel;
  3. e-mail – necessary for communication related to the implementation of the order;
  4. telephone number – necessary if you choose certain types of delivery

 

  1. Detailed solutions for the protection of personal data related to submission

orders, but also the use of the store before and after placing the order includes

privacy policy.

 

  • 7 Final provisions

 

  1. None of the provisions of these Regulations is intended to violate the rights of the Buyer. No it can also be interpreted in this way, because in the event of any non-compliance

the Seller declares absolute parts of the regulations with applicable law compliance with and application of this right instead of the challenged provision regulations.

 

  1. Registered Buyers will be notified by road about changes to the regulations and their scope electronic (to the e-mail address provided during registration or ordering). The notification will remain sent at least 30 days before the new regulations come into force. Changes introduced will be in order to adapt the regulations to the applicable legal status.

 

  1. The current version of the regulations is always available to the Buyer in the regulations tab (bottlebox.eu/regulamin). During the contract and throughout the entire period of care

After-sales regulations of the Buyer are subject to the regulations accepted by him upon submission orders. Except when the Consumer finds it less favorable than the current one and will inform the Seller about the selection of the current one as binding.

 

  1. In matters not covered by these regulations, the relevant applicable shall apply

regulations. Disputed issues, if the consumer wishes to do so, are resolved on the road

mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a process before an arbitration court at the Provincial Inspectorate of Trade Inspection. Consumer it may also use equivalent and lawful pre-trial methods or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those in the register OCCP. The seller declares his intention and agrees to settle the dispute out of court consumer.

As a last resort, the matter is resolved by a court having local and factual jurisdiction.

Version 14.2 (Opole, 25 May 2018)