Rules of on-line store bebobi.pl

UPDATE ON 26.09.2024 CONCERNED:

 Addition of information regarding the use of the Tawk.to tool

THE LAST UPDATE ON 09.09.2024 CONCERNED:

DEFINITIONS: addition of provision 3.4. Entrepreneur with Consumer Rights – A Client who is a natural person entering into a Sales Agreement directly related to their business activity, where the content of the Sales Agreement indicates that it does not have a professional character for this Entrepreneur, especially in regard to the subject of their business activity, made available based on the regulations of the Central Registration and Information on Business.

PLACING ORDERS: information on the payment method: imoje, operated by ING Bank Śląski S.A.

RETURN OF GOODS: information indicating that it also applies to Entrepreneurs with Consumer Rights.

COMPLAINTS: information indicating that it also applies to Entrepreneurs with Consumer Rights.

 

Updated on 26.09.2024

§ 1 General provisions and information about the Seller

 

This Regulation defines:

1.     General terms of sale of goods in the online store located on the www.bebobi.pl platform, operated by Agnieszka Przybyszewska conducting business under the name BeBobi Agnieszka Przybyszewska, with its registered office in Poznań, 60-195 Poznań, ul. Janiny Porazińskiej 19, with NIP number 529 169 84 32, REGON 368511221.

2.     Rules for registration in the Store;

3.     Conditions for placing orders for Goods offered in the Store by registered or unregistered Customers;

4.     Rules for delivering the ordered Goods to the Customer and paying the sale price by the Customer;

5.     The Customer's right to withdraw from the contract;

6.     Rules for submitting and processing complaints.

I. DEFINITIONS

1. Customer - a natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, using the Store (including as an unregistered or registered Customer), especially making a purchase of Goods;

2. Civil Code - the act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);

3. Consumer - a Customer who is a natural person using the Store, especially making a purchase of Goods not directly related to their economic or professional activity. In the scope indicated by the Consumer Rights Act, the provisions of the Regulations regarding the consumer apply to a natural person entering into a contract directly related to their business activity when the content of this contract indicates that it does not have a professional character for this person, arising in particular from the subject matter of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity;

4. Entrepreneur with Consumer Rights – A Client who is a natural person entering into a Sales Agreement directly related to their business activity, where the content of the Sales Agreement indicates that it does not have a professional character for this Entrepreneur, especially in regard to the subject of their business activity, made available based on the regulations of the Central Registration and Information on Business.

5. Customer Account - a part of the Store assigned to a given Customer, through which the Customer can perform specific actions within the Store;

6. Cart - Store functionality allowing the display of selected Goods for purchase by the Customer, as well as entering and modifying order data such as: the number of Goods, delivery address, method of delivery, invoice data, payment method;

7. Payment processing entity - an entity external to the Store mediating in the payment processing via bank transfer or credit card payment;

8. Copyright - the act of February 4, 1994 (Journal of Laws No. 24, item 83, as amended) on copyright and related rights;

9. Regulations - this document;

10. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (referred to as "GDPR" or "General Data Protection Regulation");

11. Store - an online store available at www.bebobi.pl;

12. Seller – Agnieszka Przybyszewska, conducting business activity under the name BeBobi Agnieszka Przybyszewska, with its registered office in Poznań (60-195 Poznań), ul. Janiny Porazińskiej 19, NIP: 529 169 84 32, REGON: 368511221, registered in the Central Registration and Information on Business (CEIDG), registry maintained by the Minister of Development and Technology, conducting this Store.

13. Goods - each product presented in the Store;

14. Sales Agreement - an agreement for the sale of Goods concluded between the Seller and the Customer;

15. Services - services provided by the Seller to the Customer electronically within the meaning of the provisions of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

16.  Data Protection Act - the act of May 10, 2018 (Journal of Laws of 2018, item 1000, as amended) on the protection of personal data;

17. Consumer Rights Act - the act of May 30, 2014, on consumer rights (Journal of Laws of 2014, No. 827, as amended);

18. Act on the provision of electronic services - the act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

19. Order - the Customer's declaration of will submitted through the Store, directly aimed at concluding a Sales Agreement, specifying in particular the type and quantity of Goods, method of delivery, method of payment, place of delivery of the Goods, data for the delivery of the Goods.

20. E-receipt - is an electronic fiscal document, the scope of which is regulated by the Act on Goods and Services Tax of March 11, 2004, the Regulation of the Minister of Finance on cash registers, and the Regulation of the Ministry of Finance and Development on the criteria and technical conditions that cash registers must meet.

 

II. INFORMATION ABOUT THE SELLER

 

Contact with the Seller

Seller's contact details enabling the Customer to contact the Seller:

1.1. postal address: ul. Senatorska 37, 60-326 Poznań

1.2. phone number: (+48) 574-611-811;

1.3. email address: hello@bebobi.pl

 

Rules for using the Store

2.1. To use the Store, including browsing the Store's assortment, it is necessary to have an end device with access to the Internet and an internet browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari in the current version. To use some functionalities of the Store, including registration in the Store and placing Orders for Goods, an active email account is also required.

2.2. The Customer is obliged in particular to:

2.2.1. use the Store in a way that does not disrupt its functioning and is not inconvenient for other Customers and the Seller;

2.2.2. use any content posted within the Store only for permissible personal use;

2.2.3. use the Store in accordance with the provisions of the applicable law in the territory of the Republic of Poland, the provisions of the Regulations, and the general principles of using the Internet;

2.2.4. refrain from any activities that could negatively affect the functioning of the Store, such as sending or placing unsolicited commercial information (spam) within the Store;

2.2.5. not deliver or transfer unlawful content, i.e. content that violates the law or good manners, in particular content promoting violence, slandering, or violating the personal rights and other rights of third parties.

2.3. The Seller enables the use of free Services through the Store, provided by the Seller 24 hours a day, 7 days a week. The Store accepts Orders around the clock, every day of the year.

2.4. Browsing the Store's assortment does not require registration.

2.5. Placing Orders for Goods in the Store's assortment is possible after registration and logging in or without registration ("buy as a guest") - after providing necessary and correct personal and address data enabling the Order's fulfillment.

2.6. The fulfillment of an Order placed on Sunday and/or a holiday will commence on the first working day following the day of placing the Order. The Store is obliged to deliver the Goods promptly, but no later than within 30 days from the conclusion of the Sales Agreement.

2.7. The Seller ensures that the opinions published on the Store's website come exclusively from Customers who have used or purchased the specific Goods, in the following manner:

a) The Seller allows the reviewing of Goods only to registered Customers who made a purchase of the specific Goods from their accounts;

b) The Seller publishes only opinions for which they proactively asked their Customers.

2.8. To ensure the best possible service and to tailor the website's functionality to users' preferences, we use the Tawk.to tool. This tool enables live communication with users and tracks their activity on the website. Details regarding the processing of personal data related to the use of Tawk.to can be found in the Privacy Policy

 

§ 2 Customer Account

 

1.     The service of maintaining a Customer Account in the Store is available after registration.

2.     Registration is done by completing and accepting the registration form available on the Store's website at: https://bebobi.pl/logowanie?back=my-account. After registration in the Store, an indefinite-term agreement to provide an electronic service consisting of maintaining a Customer Account in the Store is concluded.

3.     After registration, each login to the Customer Account occurs using the data contained in the registration form or changed later using the Customer Account settings.

4.     Registration in the Store allows the Customer to:

a) enter, edit, or delete Customer data, including addresses for Goods delivery,

b) place Orders in the Online Store using the data entered by the Customer,

c) track the status of the placed Order,

d) view the Order history.

5. The Customer is obliged to keep confidential the data used to register the Customer Account and not to provide these data to third parties.

6. Registration in the Store, as well as the service of maintaining a Customer Account and deleting the Customer Account, are free of charge.

7. Termination of the agreement for the provision of an electronic service consisting of maintaining a Customer Account in the Store occurs when the Customer deletes the Account by sending a request to delete the Account to the above-mentioned contact email address of the Seller or by using the "Delete Account" button available in the Customer Account.

8.  In the event of at least two violations by the Customer of the provisions of the generally applicable law, including the provisions of the Regulations, the Seller shall be entitled to block the Customer Account, after prior ineffective call on the Customer to cease violations. In such a case, the agreement for maintaining the Customer Account is terminated immediately.**

 

§ 3 Placing and Fulfillment of Orders

 

1. Information about Goods

1.1. The Goods offered in the Store are brand new, free from physical and legal defects. The Goods offered in the Store are protected by copyright for their creators.

1.2. Information about Goods available in the range of the Online Store, including in particular the description of the Goods and their prices, does not constitute an offer but an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code.

1.3. Prices for all Goods visible on the pages of the Online Store:

a) include VAT and are expressed in Polish zlotys (PLN),

b) include delivery costs within Poland; delivery costs outside the territory of Poland depend on the delivery method, the value, and size of the Order and are provided when choosing the delivery method by the Customer. The total cost of the Order (i.e., the price of the Goods with delivery costs) is indicated in the Cart before placing the Order by the Customer.

1.4. The price given for the Goods is binding until the stock is exhausted.

1.5. The Seller reserves the right to change the prices of Goods. This right does not affect Orders placed before the date of the price change.

1.6. In each case of informing about a reduced price of the Goods, the Seller also highlights information about the lowest price of that Goods, which applied within 30 days before the reduction was introduced. If a particular Goods is offered for sale for a period shorter than 30 days, information about the lowest price of that Goods, which applied from the day the Goods were offered for sale until the day of the reduction, is also displayed.

1.7. The Seller reserves the right to conduct and cancel promotional campaigns, as well as to change their content, based on rules determined separately for all these campaigns collectively or separately for each of them. Discounts and promotions offered in the Store do not combine with other promotional campaigns.

 

2. Placing Orders

2.1. The Customer can place Orders for Goods available in the Store 7 days a week, 24 hours a day.

2.2. Placing Orders for Goods available in the Store is possible after registration and logging into the Customer Account or without registration - after providing necessary personal data (name and surname) and address data (data for Goods delivery) as well as email address and contact phone number enabling Order fulfillment.

2.3. To place an Order after registration, the Customer should:

2.3.1. log into the Store;

2.3.2. select the Goods/-s subject to the Order and then click the "Add to Cart" button;

2.3.3. enter the ordering party's data (including name, surname, email address, contact phone) and data for Goods delivery ("delivery data");

2.3.4. enter invoice data if different from the data and/or data for Goods delivery ("delivery data");

2.3.5. choose the method of Goods delivery;

2.3.6. if the Customer wishes to receive an invoice - select this option by clicking the CHECK-BOX "Please issue an invoice"

2.3.7. If the checkbox for an invoice is not selected, an e-receipt is issued for the order. The e-receipt is issued to the Customer through the system and repository of electronic fiscal receipts eparagony.pl (Spark). Issuance of the e-receipt occurs through and at the moment of successful recording of the document in the document repository of the eparagony.pl system, to which the Customer gains access through a readable view via a unique hyperlink sent to the email address provided by the Customer in the order. In case of issues accessing the readable document view, the Customer should check the SPAM folder and promptly contact the Seller.

2.3.8. choose the payment method;

2.3.9. click the "Order with an obligation to pay" button

2.4. The following forms of payment for the Goods are possible, and the choice of the payment form belongs to the Customer:

a) bank transfer (prepayment);

b) through the PayU, PayPal, Paynow, Blik, SumUp, Przelewy24, PayPO, ApplePay, GooglePay electronic payment system, imoje, operated by ING Bank Śląski S.A. with its registered office in Katowice

2.5. If a registered Customer places another Order in the Store, they can use previously saved personal data, data for Goods delivery, and invoice data. The Customer is obliged to verify these data each time and keep them up to date.

2.6. In case of providing untrue, incomplete, or incorrect data during registration or in the purchase form - we will try to contact the Customer using the provided contact details to supplement or correct them. If contact is not possible, we will cancel the order within 5 working days of receiving it. The Customer will be informed about this fact to the email address provided.

2.7. To place an Order without registration, follow the steps in point 3 as indicated in points 2.3.2 - 2.3.8.

2.8. Placing an Order means submitting an offer to the Seller by the Customer to conclude a Sales Agreement. An offer made in electronic form binds the Customer, provided that the Seller sends a confirmation of accepting the Order for execution to the email address provided no later than within max. 48 hours. Confirmation of accepting the Order for execution constitutes acceptance of the Customer's offer, and from the moment it is received by the Customer, a Sales Agreement is concluded.

2.9. Until the Store sends a confirmation of accepting the Order for execution, the Customer can make corrections to their Order or cancel the Order.

2.10. Placing an Order implies acceptance by the Customer of the rules of this Regulation and the Privacy Policy.**

 

3. Order Fulfillment and Goods Delivery

3.1. Immediately after making the payment and crediting it to the Store's account (in the case of choosing the Paynow, PayU, PayPal, Blik, bank transfer, Przelewy24, PayPO, SumUp system, ApplePay or GooglePay), the Store begins to fulfill the Order and dispatch the Goods.

3.2. During the sales transaction, communication between the Store and the Customer will take place via email or telephone. The Store electronically informs about all significant stages of the transaction that occurred on the Store's side (acceptance of the Order for processing/payment confirmation/shipping of the Goods / Issuance of an invoice or e-receipt).

3.3. In case of non-receipt of payment to the Store's account (applies to bank transfers or electronic payments), the Order will be canceled after 5 business days from the date of placing the Order, and the Customer will be notified at the provided email address.

3.4. Goods ordered in the Store are delivered by courier companies. The shipping cost depends on the total weight of the ordered Goods and is provided during the Order placement.

3.5. The fiscal e-receipt is sent to the specified email address, unless, according to the prior choice of the Customer, a VAT invoice is issued. Placing an Order by the Customer is equivalent to authorizing the Store to issue an electronic invoice without the need to obtain the Customer's signature.

3.6. Upon receiving the shipment, the Customer should carefully check the package, the received Goods. The Customer is obliged to assess the condition of the Goods and their compliance with the Order at the time of delivery by the Courier and in their presence. In case of damage to the Goods, a complaint protocol containing a description of the damage should be drawn up in the presence of the Courier. The complaint protocol serves as the basis for the Goods complaint.

3.7. In case of discovering damage to the Goods at a later time, the Customer should follow the complaint procedure described in paragraph 3 below.

3.8. The Customer is requested to evaluate the transaction after receiving the Goods.

 

4. Return

4.1. In accordance with the Consumer Rights Act, a Client (Consumer and Entrepreneur with Consumer Rights) who has entered into a distance contract has the right to withdraw from the Sales Agreement within 14 days (in words: fourteen) without providing any reason, from the date of the contract, based on the Act of May 30, 2014 (Journal of Laws 2014, item 827 as amended).

The right mentioned above also applies to a natural person – an Entrepreneur with Consumer Rights – entering into a contract directly related to their business activity, where the content of the contract indicates that it does not have a professional character for this person, especially in regard to the subject of their business activity, made available based on the regulations of the Central Registration and Information on Business

4.2. If the right mentioned in the preceding paragraph is exercised, the Consumer is obliged to inform the Seller by submitting a statement of withdrawal from the contract independently or using the form provided by the Seller, which is Annex 1 to the Regulations.

4.3. The statement of withdrawal from the contract can be sent by mail to the Seller's address or electronically to the address: zwrot@bebobi.pl. A statement of withdrawal from the contract submitted after the deadline mentioned in paragraph 4.1. does not have legal effects.

4.4. The form of the statement of withdrawal from the contract (Annex 1 to the Regulations) and information regarding the exercise of the right to withdraw from the contract (Annex 2 to the Regulations) constitute an integral part of the Regulations and, together with it, are available on the Store's website in the "Regulations" tab.

4.5. After receiving the statement of withdrawal from the contract, the Seller will immediately send a confirmation of receiving the statement of withdrawal from the contract in the form of an email message to the Consumer's email address.

4.6. The Consumer is obliged to return the Goods immediately, but not later than within 14 days from the date on which they withdrew from the contract. To meet the deadline, it is enough to send back the Goods before its expiration. The returned Goods must be complete and must not show signs of use exceeding normal management of the item. The returned Goods should be packaged, if possible, in the original packaging, or at least in a way that ensures no damage during transport.

4.7. If the delivered Goods are incomplete or show signs of use beyond normal management, the Seller reserves the right to refuse to accept the shipment or to reduce the refunded amount by the equivalent of the established damage.

4.8. The direct cost of returning the Goods is borne by the Consumer. If the Consumer has chosen a method of delivering the Goods other than the cheapest method offered by the Seller, the Seller is not obliged to refund the Consumer the additional costs incurred by them.

4.9. The right to withdraw from a distance selling contract does not apply to the Consumer in relation to contracts whose subject is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs.

4.10. In the event of withdrawal from a distance selling contract, the contract is considered not concluded. What the parties provided is subject to return in an unchanged condition unless a change was necessary to determine the nature, characteristics, and functionality of the Goods.

4.11. In the event of withdrawal from the contract, all payments made by the Consumer will be transferred to the Consumer's bank account immediately upon receiving the returned Goods or providing proof of its return by the Consumer, depending on which event occurs earlier.

4.12. The Seller declares that the refund mentioned in point 4.11 will be made using the same payment method that the Consumer used. The Seller, in agreement with the Consumer, may establish another method of refund that does not involve additional costs for the Customer.

4.13. By entering into a Sales Agreement, the Consumer confirms that they have read the content of these Regulations, including confirming that they have been informed about the right to withdraw from a distance selling contract within 14 days from the date of receiving the Goods.

 

 

§ 4 Complaints

 

1.     In the event of the Customer (Entrepreneur and Entrepreneur with Consumer Rights) discovering non-compliance of the purchased Goods with the Agreement, the Customer has the right to demand the Goods to be brought into compliance with the Agreement through free repair or replacement of the Goods with a new one, unless repair or replacement is impossible or would require excessive costs.

2.     The Store is responsible for the non-compliance of the Goods with the Agreement only if it is revealed before the expiration of two years from the moment of delivering the Goods to the Customer.

3.     In the event of discovering a defect in the purchased Goods, the Customer is obliged to report it to the Store at the email address hello@bebobi.pl. In the report, the Customer should provide their contact details (name, address, email, contact phone number), precisely describe the Goods and its defect, provide the purchase date, and specify their request.

4.     In the response, the Customer will receive information about sending the defective Goods to the Store. If possible, proof of purchase should be attached to the returned Goods.

5.     In case of deficiencies in the content of the submitted complaint, the Store will call on the Customer to complete it to the necessary extent promptly, but no later than 7 days from the date of receiving the complaint from the Customer.

6.     Differences resulting from the individual settings of the Customer's computer (proportions, color, etc.) cannot be the basis for a complaint.

7.     The Store will respond to the Customer's request within 14 days from the date of filing the complaint. If the complaint is acknowledged, the damaged Goods will be repaired or replaced with another fully functional one. If this is not possible (for example, due to stock depletion) or would require excessive costs, the Store will refund the Customer the equivalent of the Goods' price in whole or in part (due to a price reduction) or offer other available Goods in the Store for the Customer to choose from.

8.     The Customer bears the shipping costs of the complained Goods. The Store refunds the shipping costs of the complained Goods immediately upon receiving the shipment and acknowledging the complaint as valid.

9.     It is possible to send the complained Goods through the InPost Sp. z o.o. "szybkie zwroty" (quick returns) website. On the www.szybkiezwroty.pl website, select BeBobi store from the list, then fill out the form, and after the Store approves the return, place the received return code on the packaged parcel. Then, independently place the parcel in the selected parcel locker. Sending the parcel is free of charge for the Customer - these costs are fully covered by the Store.

10.  When the implementation of the Customer's complaint requests involves the delivery of a new or repaired Goods, all delivery costs are covered by the Store.

11.  The scope of the Seller's liability for the lack of conformity of the Goods with the Agreement and the detailed rights granted to the Consumer in this regard, not specified in this paragraph, are determined by the Consumer Rights Act.

 

§ 5 Personal Data Protection

 

1.     Customer's personal data processed by the Store are handled in accordance with the principles indicated in the Store's Privacy Policy and are protected in accordance with applicable legal regulations. Customer's personal data is obtained as a result of registration on the www.bebobi.pl internet platform or in connection with placing an order in the Store (shopping without logging in).

2.     The Administrator of customers' personal data is Agnieszka Przybyszewska.

3.     The Customer has the right to access the personal data processed by the Store and to supplement or correct them. More information is available in the Store's Privacy Policy.

 

§ 6 Out-of-court methods of handling complaints and pursuing claims

 

1. A Customer who is a Consumer has, among other options, the following possibilities to use out-of-court methods of handling complaints and pursuing claims:

a. by applying to the permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded sales agreement;

b. by applying to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable resolution of a dispute between the Customer and the Seller;

c. by obtaining free assistance in settling a dispute between the Customer and the Seller, including using the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection;

d. by submitting a complaint through the EU ODR platform, available at: http://ec.europa.eu/consumers/odr/.

 

2. Any disputes arising between the Seller and the Entrepreneur (i.e., a Customer who is not a Consumer) will be resolved by the court having jurisdiction over the Seller's registered office.

 

§ 7 Final Provisions

 

1. The Seller reserves the right to:

a. Change prices, with effect from the moment of making the change,

b. Change the Store's offer;

c. Possibility of fulfilling the Order in installments, in the case of ordering more than one item of Goods. The shipping fee will be charged to the Customer only once. In such a case, the period for withdrawing from the contract, as mentioned in point 4.1 of the Regulations, starts from the possession of the last item, its batch, or part.

2. Matters not regulated by this Regulation are governed by Polish law, in particular, the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services.

 

3.     Attachments to the Regulations constitute its integral part.

4.     The Seller reserves the right to change this Regulation for valid reasons, e.g., changes in legal regulations or technological changes. Each change to the Regulation will be published on the store's website www.bebobi.pl and applies to Orders placed after its effective date.

5.     This Regulation in its current from September 9, 2024.

 

Attachments:

Declaration of withdrawal from the contract form (Attachment No. 1 to the Regulation)

Information regarding the exercise of the right to withdraw from the contract (Attachment No. 2 to the Regulation