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Regulamin do 18-11-2015

 

 

A contract between the Buyer and the Seller may occur in two ways.

 

The buyer has the right before ordering to finalise the terms of the agreement with the Seller, including changing records following terms and conditions. These negotiations should be conducted in writing and sent to the address of the Seller (BOTLAND B. DERKACH PARTNERSHIP, os. Renaissance, 8, 63-600 Kępno).

 

If you have decided for a Buyer, the opportunity to enter into a contract by individual negotiations, the following conditions apply and the relevant laws.

 

RULES



§1 Definitions

1. Postal address - the name and surname or name of institution, location (in the case of the city, divided by the streets: street, house number, apartment number or room; in the case of the city integral to the streets for the city's name and sequence number), postcode and town.


2. Address of complaint:

BOTLAND B. DERKACH PARTNERSHIP

os. Revival 8

63-600 Kępno


3. Price list of supplies is located at http://botland.com.pl/content/1-dostawa a list of available shipping options and their cost.

BOTLAND B. DERKACH PARTNERSHIP

os. Revival 8

63-600 Kępno
e-mail:
biuro@botland.com.pl
phone: 593 62 10 54


4. Delivery – kind trucking services along with identification of the carrier and the amount stated in the price list of supplies , located at: http://botland.com.pl/content/1-dostawa


5. Proof of purchase – an invoice, an invoice or a receipt issued in accordance with the Law on tax from goods and services of 11 March 2004, as amended and other applicable laws.


6. Map of product – specific sub-website of the store that contains information about a single product.


7. Customer – an adult natural person having full legal capacity, legal person or organizational unit not having legal personality and possessing legal capacity, those have the Seller buy directly related to business activities.


8. Civil code – act civil code dated 23 April 1964, as amended.


9. The code of good practice – a set of rules of conduct and, in particular, ethical and professional standards, referred to in article 2 paragraph 5 of the Law " on combating fraudulent market practices of 23 August 2007 as amended.


10. User – an adult natural person with full legal capacity, those have the Seller to buy, not connected with entrepreneurial activity.


11. Basket – list of products compiled from the offer in store products on the basis of the choice of the Buyer.

12. The buyer , as a Consumer, as a Client.

13. Place of issue thingsthe postal address or the point of reception indicated in the order for Buyer.

14. The time of issuance of things – the moment when the Buyer or specified for the third party will cover the thing over.

15. Payment – method of payment for the item and the shipping listed on the website http://botland.com.pl/content/1-dostawa


16. The consumer's right – the law on consumer rights of 30 may 2014.

17. Product – minimum and uniform amount of thingsthat can be the subject of the orderthat is specified in the Seller as the unit of measurement for determining his prices (price/piece).


18. The subject of the contract – the goods and shipping, which is the subject of the contract.


19. The subject of the provision is the subject of the contract.


20. The receiving – place of issue things that are not email address listed in the table share of the Seller in the store.

21. Thing – thing movable, capable of being or is the subject of the contract.

22. Shop service for address http://botland.com.pl/, through which the Buyer can make a order.

24. Seller:
Contact details:
Address of complaint:

BOTLAND B. DERKACH PARTNERSHIP

os. Revival 8

63-600 Kępno
INN: 619-202-35-94, OKPO: 362180160,
was visible under the KRS number: 0000570034
BANK ACCOUNT: 58 1140 2004 0000 3402 7579 4276

1. System – group of interacting information devices, and software that provides processing and storage, as well as the transmission and reception of data through telecommunication networks using appropriate for the type of network end device, colloquially referred to as the Internet.


2. The deadline is specified in the product card the number of hours or days.


3. Contract – an agreement concluded outside the premises of the entrepreneur or at a distance in accordance with the Act on consumer rights dated 30 may 2014 in case of Consumers the contract of purchase and sale in the understanding of article 535 of the civil code Act of 23 April 1964 in the case of Buyers.


4. Drawback – as a physical defect, and the lack of a legal entity.


5. The lack of physical – inconsistency of the sold thing with the contract and, in particular, if a thing:

 

  1. it has no properties that a thing of this kind should keep in mind the aim indicated in the contract or resulting from circumstances or purposes;

  2. does not have the properties about which the Seller assured the Consumer,

  3. not suitable for the purposes that the Consumer has informed the Seller at the conclusion of the contract, and the Seller has not informed objection of her appointment;

  4. was the Consumer taken to the incomplete status;

  5. in the case of improper installation and start-up, if these steps were taken by the Seller or a third party for which Seller is responsible, or the Consumerwho received the instructions received from the Seller;

  6. it has no properties, which is assured by the manufacturer or his representative or the person that is a benefit to marketing in the sphere of their business activities, as well as the person that by posting on things, sold his name, trademark or another designation, distinguishing itself as manufacturer, if the Seller assurances these do not know and by judging reasonably, could not know, or they could not have influence on the decision of the Consumer on conclusion of the contract, or when their content was sprostowana before the conclusion of the contract.

 

6. The lack of a legal entity – a situation when a thing sold is the property of a third party or encumber the right of a third party, and if the restriction of the use of or rozporządzaniu thing follows from decisions or orders of the competent authority.


7. Order – Declaration of will of the Buyer filed through the store clearly defining: the type and quantity of products; delivery; payment; issuance of goods, the data of the Buyer and aimed directly for the conclusion of the contract between the Buyer and the Seller.

§2 General Conditions

1. The agreement signed in the Russian language in accordance with the law and these rules.


2. Place of issue things should stay on the territory of the Republic of Poland.


3. The seller agrees and undertakes to render the services and to put things, free from drawbacks.


4. All prices shown on the Seller given in Polish currency and are gross prices (including VAT). Prices of goods do not include cost of deliveryspecified in the price list of supplies


5. All deadlines are calculated in accordance with article 111 of the civil Code, that is the period indicated in days ends with the expiry of the last day, and if the beginning of the period indicated in days, some events are not taken into account in calculating the period of day in which this event occurred.


6. Confirmation, separation, fixing, protection of all essential terms of the contract , to access this information in the future comes in the form of:


. confirmation of the order by sending to the specified e-mail address: order, proforma invoice, information about the right to cancel the agreement, this regulation, in version pdf a sample form of cancellation of the agreement in pdf format, links for individual download rules and sample withdrawal from the contract;


b. to join the made order, sent to the specified places of delivery of things , printed proof of purchase, information about the right to withdraw from the contract hereunder, a sample form of waiver agreement.


7. The seller does not charge a fee for communicating with him through means of distance communication, the Buyer will incur costs in the amount resulting from the agreement which he made with the third party providing in his favor this service, allowing long distance communication.


8. Equipmentedający guarantees to the Buyer that use of the system, the correct operation of the store in the following browsers: IE version 7 or later, FireFox version 3 and higher, Opera version 9 and later, Chrome version 10 or later, Safari installed the latest versions of JAVA and FLASH, ekr8. anach, with a horizontal resolution above 1024 px. Using third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the online store, so to get the full functionality of the store botland.com.plall of them must be disable.


9. Topujący can use the option of data storage in the store in order to ease the process of filing another order. With this purpose, the Buyer must specify the username and password required to access your account. Username and password are string depends on the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties. the Buyer has the opportunity at any time review, correct, update data and delete the account in the store.
The seller refers to the code of good practice.

 

§3 Conclusion of contract and implementation


1. Orders can be placed 24 hours a day.


2. For registration of the order , the Buyer must perform at least the following steps, some of which can be repeated:

  1. add to cart product;
  2. select the type of delivery;
  3. select the type of payment;
  4. the choice of the place of issue of things;
  5. Assembly in the shop order using the button "Order with payment obligation".

 

3. The conclusion of the contract with the Consumer comes from the Assembly order.


4. Execution of the order, the Consumer pay in Moscow is carried out promptly, and the order paid by Bank transfer or via electronic payment system after the payment confirmation of the Consumer at the expense of the Seller, which should occur within 30 days of the order, if the Consumer was not able to meet the benefits is not their fault, and reported it to the Seller.


5. The conclusion of the contract with the Client from the moment of acceptance of the order via the Seller, what he shall inform the Customer within 48 hours from the time of ordering.


6. The implementation of the order of the Customer paid on delivery is carried out immediately after the conclusion of the contract, orders paid by transfer or via electronic payment system after the conclusion of the contract and the payment the Client on account of Seller.


7. The implementation of the order of the Client may depend on the payment fully or partially the cost of ordering or obtaining the limit of trade credit, at least in the amount of the order or consent of the Seller to send order cash on delivery (payable upon receipt).


8. The transfer of the subject of the contract is carried out within the period specified on the tab product, and for orders consisting of many products in the longest period of time indicated on the card products. The course period starts from the date of implementation of the order.


9. Purchased the subject of the contract with the selected Buyer the document of purchase and sale is sent to the selected Buyer, the type of delivery to the specified Purchaser in ordering the place of issue of things, together with the attached attachments, referred to in §2, paragraph 6b.


10. After the completion of the delivery of the purchased goods in the framework of the contract with the Buyer is obliged to send the Buyer an e-mail invitation to complete the questionnaire with the purpose of learning his opinion about the transaction. The buyer gets a right but not an obligation to fill it.

§4 Right to withdraw from the contract

 

1. The consumerhas the right under article 27 of the Law about protection of the rights of consumers the right to cancel the distance contract, without giving reasons and without costs, except for costs indicated in article 33, article 34 of the Law on consumer protection.


2. The cancellation of a contract concluded at a distance within 14 days from the date of issue of things, and to meet the deadline, it is sufficient to send a statement before expiry of its validity.


3. The disclaimer of the agreement the Consumer may apply for a form, a sample of which is Annex No. 2 to the Law on consumer protection, in the form located at: http://botland.com.pl/content/80-zwrot or in another written form in accordance with the Law on protection of consumer rights.


4. The seller immediately confirms to the Consumer by e-mail (specified at the conclusion of the contract and even if it was specified in the statement) the receipt of the application for waiver of the contract.


5. In case of cancellation of the agreement, the agreement is considered void.


6. The consumer is obliged to return the thing to the Seller immediately, but not later than 14 days from the day in which to cancel the agreement. To meet the deadline is enough to send things to the expiry of its validity.


7. Consumer return items, subject to the Treaty, refused at his own expense and risk.

8. The consumer is responsible for the reduction of the cost of the case which is the subject of the contract and resulting from its use in the manner that go beyond what is necessary to identify the nature, characteristics and functioning of things.


9. The seller immediately, but not later than within 14 days from the date of receipt of the application for waiver of a contract made by the Consumer to compensate the Consumer all payments made by him, including the cost of shipping things, and if the Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller does not return to the Consumer the additional costs in accordance with article 33 of the Law on consumer protection.


10. The seller will refund using the same method of paymentthat is used by the Consumerif the Consumer explicitly agreed on another method of paymentwhich is not connected to him any cost.


11. The seller may suspend return of payment received from the Consumer at the time of receiving the items back or delivery from the Consumer evidence of its return, depending on which event occurs first.


12. The consumer in accordance with article 38 of the Law on protection of consumer rights is not entitled to cancel the contract:

  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 prior to the expiration of the waiver agreement;
  2. in which the subject provide thing nieprefabrykowana made according to the specifications of the consumer or his maid meet individual needs;
  3. in which the subject provide thing ulegająca perishable or having a short shelf life;
  4. in which the subject of provision is a thing delivered in a sealed packaging which after opening can not be returned due to health protection or hygiene reasons if the packaging was opened after delivery;
  5. in which the subject of providing things that after delivery, considering their own character, they are inextricably linked with other things;
  6. in which the subject of provision of recording audio or visual, or computer programs delivered in a sealed packaging, if the packaging was opened after delivery;
  7. on the delivery of digital content that are not recorded on a tangible medium if the performance of rendering began with the consent of the Consumer before the deadline to withdraw from the contract and after informing his owner about the loss of the right to withdrawal from the contract;
  8. on the provision of journals, periodicals or magazines with the exception of the contract for the subscription.


13. The consumer does not bear the cost of delivery of digital content that are not recorded on a tangible medium, if not expressed consent to the implementation of the grant before the deadline to withdraw from the contract or had not been informed about the loss of the rights granted to him to withdraw from the contract at the time of issuance of such permit or the employer has not provided confirmation in accordance with article 15 paragraph 1 and article 21 paragraph 1. Legislation on consumer protection.

 

§5 Liability


1. The seller on the basis of article 558§1 of the civil Code fully excludes any liability in respect of Customers for defects in natural and legal persons (the guarantee).


2. The seller is responsible to Consumers on the conditions stipulated in article 556 of the civil Code and the following disadvantages (liability for defects).

 

3. In the case of a contract with a Consumer , if the lack of physical discovered prior to the expiration of years from the date of issue of things, it is believed that it existed at the time of transfer of risk to the Consumer.


4. The consumer, if the thing sold has the disadvantage, maybe:
. apply pressure to reduce prices;
b. apply for waiver of the contract;

I think the Seller immediately and without excessive inconvenience to the Consumer thing will replace the faulty free from defects or defect remove. However, if the item has already been replaced or repaired through the Seller , or the Seller has not made it mandatory to substitute things for free from defects or remedy the defect, he has no right to change things or remedy the defect.


5. The consumercan be, is offered on the Seller remedy the defect and demand a replacement things for free from defects or instead of replacing things require the removal of defect, if bringing things in line with the path of the Consumer is impossible or it would require excessive costs in comparison with the method proposed by the Seller, in this case the rating nadmierności value takes into account the value of a thing free from defects, the type and value if the disadvantages, and also takes into consideration the inconvenience which narażałby Consumers another way of satisfaction.


6. The consumer cannot withdraw from the contractif the defect is insignificant.


7. The consumer if the item sold has a defect, can also:


requiring replacement things for free from defects;
to demand elimination of the defect.


8. The seller is obliged to replace the faulty thing free from defects or eliminate the defect within a reasonable time and without undue inconvenience to the Consumer.


9. The seller may refuse to compensate the demand of the Consumer, if brought into conformity with the agreement things defective by the method chosen by the buyer is impossible or in comparison with another possible way of bringing it into conformity with the agreement would require excessive costs.

 

10. In the case that the defective thing has been established, the Consumer may require the Seller of dismantling and re-Assembly after replacing for free from defects or deficiencies, however, obliged to assume part of the costs to exceed the price of the sold thing or may claim from the Seller compensation of the cost of dismantling and re-Assembly in the amount of prices of sold items. In the case of default by the Seller, the Consumer has the right to perform these actions at the expense and risk of the Seller.


11. The consumerwho exercises powers under the guarantee, he shall for account of the Seller to deliver the item is faulty at the address of the claim, and if such things or how to hook it up to deliver things to Consumers will be extremely difficult, the Consumer is obliged to provide the item to the Seller at the place where the thing is. In case of default of obligations on the Seller, the Consumer has the right to return the thing at the expense and risk of the Seller.

 

12. The cost of replacement or repair carries the Seller, with the exception of the situation described in §5 , paragraph 10.


13. The seller is obliged to accept from the Consumer a thing faulty in case of replacement things for free from defects or to cancel the agreement.
14. The seller within fourteen days have to give the answer:


. statements about pressure to reduce prices;
b. the disclaimer of the contract;
c. requiring replacement things for free from defects;
d. to demand elimination of the defect.


Otherwise, it is considered that it justified the application or request of the Consumer.


15. The seller is responsible for the warranty, if the physical defect is found before the expiration of two years from the date of issue of the items to the Consumer, and if the subject of the sale is the thing that is used before a year elapsed from the date of issue things to the Consumer.


16. Requirements of the Consumer about the repair or replacement of the items sold on are free from defects przedawnia over years, counting from the day of detection of defects, but not earlier than the expiration of two years from the date of issue of the items to the Consumer, and if the subject of the sale is the thing that is used before a year elapsed from the date of issue things to the Consumer.


17. In the case when is determined by the Seller or manufacturer shelf life things to use ends on the expiry of two years from the date of delivery of the goods to the Consumer, the Seller is responsible for warranty for defects of the thing claimed before the expiration of the term.


18. In the terms specified in §5, para 15-17 , the Consumer may file a statement of withdrawal from the contract or reduce the price because of a defect in the physical item sold, and if the Consumer demanded replacement things for free from defects or remedy the defect, the period for filing the disclaimer from the contract or reduce the price starts from the moment when the ineffective expiry of the term for the exchange of the thing or of the defect.


19. In the case of the investigation before the court or the court polubownym one of the rights under the guarantee the period of execution of other powers granted to the Consumer , in respect to subject to suspension until the moment of final cessation of production. Accordingly, also apply to mediation in this period to perform other permits, guarantees provided by the Consumer, shall commence from the date of refusal by the court to approve the settlement agreement before a mediator or ineffective termination of the mediation.


20. To exercise the powers of the guarantee for legal defects of sold things apply §5, p. 15-16, that the limitation period starts from the day when the Consumer learned of the existence of the defect and if the Consumer learned of the existence of the defect only as the result of the claim of the person
third – the date when the judicial decision given in a dispute with a third party in force.


21. If because of defects of the thing, the Consumer filed a statement of withdrawal from the contract or lower the price, he may demand compensation for the damage suffered because signed a contract, not knowing about the existence of the defect, although unfortunate, was a result of circumstances for which the Seller is not responsible, in particular, may require a refund of the cost of contract, cost of acquisition, transportation, storage and insurance things return made capital expenditures to the extent which did not made them good, and has not received reimbursement from a third party and the reimbursement process. It does not violate the rules on the obligation to pay damages on a common basis.


22. The omission of any period for discovery of defects does not exclude the implementation of the rights under warranty if the Seller insidiously the lack of hid.


23. The seller about how much is required to provide or providing financial in favor of the Consumer to perform them without undue delay, not later than the law stipulated term.

 

§6 privacy Policy and security of personal data

1. The database administrator information that is provided to Consumers shop is a Seller.

2. The seller undertakes to protect personal data in accordance with the Law on personal data protection of 29 August 1997 and the Law on electronic services of 18 July 2002. The buyer, indicating when ordering your personal information 4. The seller agrees to their processing by the Seller for the execution of the order. The buyer has the opportunity at any time review, correct, update, and delete their personal data.

4. Detailed rules for the collection, processing and storage of personal data used in the implementation of the orders through the store was described in the privacy Policy, which is located at: http://botland.com.pl/content/99-polityka-prywatnosci

 

§7 final Provisions

 

1. None of the provisions of this regulation does not aim at a violation of the rights of the Buyer. May not also be so interpreted, as in the case of non-compliance of any part of the Statute with the applicable law , the Seller declares absolute subordination and the application of this law in the place of the challenged provision of the rules.

2. About changes of rules and their region, registered Buyers will be notified by e-mail (specified when registering or ordering e-mail). Notifications will be sent at least 30 days prior to the entry into force of the new regulations. The changes will be in order to bring the Charter in its current legal status.

3. The current version of terms is always available to the Buyer in the rules section (http://botland.com.pl/content/3-regulamin). In the course of implementation of the order and throughout the period of care support the Buyer has a regulation adopted them when ordering. With the exception of the situation when the Consumer finds it less favorable from the current and inform the Seller about the selection of current as the current.

4. In matters not covered by these regulations, apply the appropriate regulatory requirements. Controversial issues if the Consumer expresses such a will, decides on the path of mediation before the Regional Inspektoratach Trade Inspection or process in court polubownym at Regional Inspectorate of Trade Inspection or on the way equivalent and legitimate methods przedsądowego or extrajudicial settlement of disputes referred to the Consumer. Ultimately the case resolved by the court, the jurisdiction and on the merits.

Version 1.1 (Kępno, 2015-08-14)



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