Terms and Conditions

UPDATE ON 26.09.2024:

Addition of information that the store uses the live communication tool Tawk.to

LAST UPDATE ON 09.09.2024 CONCERNED:

DEFINITIONS: addition of the following: 3.4. Entrepreneur with consumer rights – a Customer who is a natural person concluding a Sales Agreement directly related to their business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register and Information on Economic Activity

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

RETURN OF GOODS: information that it also applies to entrepreneurs with consumer rights

COMPLAINTS: information that it also applies to entrepreneurs with consumer rights

Updated 26.09.2024

§ 1 General provisions and information about the Seller

 

These Terms and Conditions define:

1.general terms and conditions for the sale of goods in the online store located on the online platform www.bebobi.pl, operated by Agnieszka Przybyszewska, conducting a sole proprietorship under the name BeBobi Agnieszka Przybyszewska with its registered office in Poznań, 60-195 Poznań at: ul. Janiny Porazińskiej 19, 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 ordered Goods to the Customer and for the Customer to pay the sale price of the Goods;

5.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 logged-in Customer), in particular purchasing Goods;

2.Civil Code – 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, including in particular purchasing Goods for a purpose not directly related to their business or professional activity. To the extent indicated by the provisions of the Consumer Rights Act, the provisions of the Regulations concerning consumers apply to a natural person entering into a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register and Information on Economic Activity;

4.Entrepreneur with consumer rights – a Customer who is a natural person concluding a Sales Agreement directly related to their business activity, when the content of the Sales Agreement indicates that it is not of a professional nature for this Entrepreneur, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register and Information on Economic Activity

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

6.Shopping Cart – a Store functionality that allows displaying the Goods selected by the Customer for purchase, as well as entering and modifying order data such as: number of Goods, delivery address and method, invoice data, payment method;

7.Payment processor – an entity external to the Store that acts as an intermediary in processing payments via bank transfer or payment card;

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

9.Regulations – this document;

10.RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 "RODO" or "General Data Protection Regulation").

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

12. Seller - Agnieszka Przybyszewska, conducting a sole proprietorship under the name BeBobi Agnieszka Przybyzewska with its registered office in Poznań (60-195 Poznań), ul. Janiny Porazińskiej 19, NIP: 529-169-84-32, REGON:368511221, entered into the Central Register and Information on Economic Activity, the register is maintained by the Minister of Development and Technology, operating this store.

13.Goods – any product presented in the Store;

14.Sales Agreement – a contract 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 Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

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

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

18.Act on Providing Services by Electronic Means – Act of July 18, 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended);

19.Order – a declaration of will by the Customer submitted through the Store, directly aiming at concluding a Sales Agreement, specifying in particular the type and number of Goods, delivery method, payment method, place of delivery of Goods, data for delivery of Goods.

20.E-receipt - a fiscal document in electronic form, 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 Development, Labour and Technology on criteria and technical conditions that cash registers must meet.

II.INFORMATION ABOUT THE SELLER

1.Contact with the Seller

Contact details of the Seller, 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

 

2.Rules for using the Store

 

2.1.To use the Store, including browsing its assortment, an end device with Internet access and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in its current version is required. To use certain functionalities of the Store, including registration 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 manner that does not disrupt its functioning and is not burdensome for other Customers and the Seller;

2.2.2.use all content placed within the Store only to the extent of permitted personal use;

2.2.3.use the Store in a manner consistent with the provisions of Polish law, the Regulations, and the general rules of using the Internet;

2.2.4.refrain from any activities that may negatively affect the functioning of the Store, such as, among others: sending or posting unsolicited commercial information (spam) within the Store;

2.2.5.not to provide or transmit unlawful content, i.e., content that violates the law or good customs, in particular, e.g., content promoting violence, defaming or infringing the personal rights and other rights of third parties.

2.3.Through the Store, the Seller provides free Services, which are 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 by the Customer for Goods in the Store's assortment is possible after registration and logging in, or without registration ("buy as a guest") - after providing the necessary and correct personal and address data enabling the Order to be fulfilled.

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

2.7.The Seller ensures that the opinions published on the Store's website come only from Customers who have used or purchased a given Product, in such a way that:

a) The Seller allows only registered Customers whose account was used to purchase a given Product to provide opinions;

b) The Seller publishes only opinions that it has proactively requested from its Customers.

2.8.To ensure the best possible service and adapt the website functionalities to user preferences, we use the Tawk.to tool. This tool enables live communication with users and tracking their activity on the site. 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 Customer Account service 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 the Customer's registration in the Store, an electronic service agreement for maintaining a Customer Account in the Store is concluded for an indefinite period.

3.After registration, each login to the Customer Account is done using the data contained in the registration form or subsequently changed via the Customer Account settings.

4.Registration in the Store allows the Customer to:

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

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

c)track the status of a placed Order,

d)view Order history.

5.The Customer is obliged to keep confidential the data used for registration to the Customer Account and not to disclose this data to third parties.

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

7. The termination of the electronic service agreement for maintaining a Customer Account in the Store occurs when the Customer deletes the Account by sending a request to delete the Account to the Seller's contact email address provided above or by using the "Delete Account" button available in the Customer Account.

8.In the event of at least two breaches by the Customer of generally applicable law, including the provisions of the Regulations, the Seller shall be entitled to block the Customer Account, after prior unsuccessful request to the Customer to cease the breaches. In such a case, the Customer Account agreement is terminated with immediate effect.

§ 3 Placing and fulfilling 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 the Goods available in the assortment of the Online Store, including in particular information regarding the description of the Goods and their price, do not constitute an offer, but merely an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

1.3.Prices of 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 Poland depend on the delivery method, value, and size of the Order and are provided when the Customer selects the delivery method for the Goods. The total cost of the Order (i.e., the price of the Goods plus delivery costs) is indicated in the Shopping Cart before the Customer places the Order.

1.4.The price given for the Goods is valid until stocks run out.

1.5.The Seller reserves the right to change the prices of Goods. The above right does not affect Orders placed before the date on which the price of the Goods was changed.

1.6.In each case of informing about a price reduction of a Product or next to the information about the reduced price, the Seller also displays information about the lowest price of this Product that was in effect 30 days before the reduction was introduced. If a given Product is offered for sale for a period shorter than 30 days, next to the information about the reduced price, information about the lowest price of this Product that was in effect from the date of beginning to offer this Product for sale until the date of introducing 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, on terms specified separately for all these campaigns jointly or individually 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 may place Orders for Products available in the Store 7 days a week, 24 hours a day.

2.2.Placing Orders for Products available in the Store is possible after registration and logging in to the Customer Account or without registration – after providing the necessary personal data (first name and surname) and address data (delivery data for the Product) as well as an e-mail address and contact phone number enabling the Order to be fulfilled.

2.3.To place an Order after registration, you must:

2.3.1.log in to the Store;

2.3.2.select the Product(s) that are the subject of the Order and then click the "Add to Cart" button;

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

2.3.4.enter invoice details, if different from the data and/or Product delivery details ("shipping details");

2.3.5.choose the Product delivery method;

2.3.6.if the Customer wishes to receive an invoice – select this option by clicking the "Please issue an invoice" checkbox;

2.3.7.If the invoice checkbox is not selected, an e-receipt is issued for the order. The e-receipt is issued to the Customer via the eparagony.pl (Spark) system and repository of electronic fiscal receipts. 4. The e-receipt is issued through and at the moment of successful recording of the document in the eparagony.pl system's document repository, to which the Customer gains access via a unique hyperlink sent to the Customer's e-mail address provided in the order. In case of problems with accessing the readable view of the document, the Customer should check the SPAM folder and contact the Seller immediately.

2.3.8.choose the payment method;

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

2.4.The following payment methods for the Product are available, and the choice of payment method belongs to the Customer:

a)bank transfer (prepayment);

b)via PayU, PayPal, Paynow, blik, SumUp electronic payment, Przelewy24, PayPO, ApplePay, GooglePay, 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 may use previously saved personal data, Product delivery data, and invoice data. The Customer is obliged to verify this data each time and update it regularly.

2.6.In case of providing false, incomplete or incorrect data during registration or in the purchase form – we will try to contact the Customer using the provided contact details to complete or correct them. If contact is not possible, we will cancel the order within 5 business days of its receipt. The Customer will be informed about this fact via the indicated email address.

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

2.8.Placing an Order means that the Customer submits an offer to the Seller to conclude a Sales Agreement. The offer made in electronic form is binding on the Customer if the Seller immediately, no later than within 48 hours, sends a confirmation of acceptance of the Order for processing to the provided email address. The confirmation of acceptance of the Order for processing constitutes the acceptance of the Customer's offer, and upon its receipt by the Customer, the Sales Agreement is concluded.

2.9.Until the Store sends confirmation of acceptance of the Order for processing, the Customer may correct or cancel their Order.

2.10.Placing an Order means the Customer's acceptance of the terms of these Regulations and the Privacy Policy.

 

3.Order fulfillment and Product delivery

3.1.Immediately after payment and crediting the payment to the Store's account (in the case of selecting Paynow, PayU, PayPal, blik, bank transfer or SumUp, Przelewy24, PayPO, ApplePay, GooglePay respectively), the Store proceeds with order fulfillment and Product shipment.

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

3.3.In the absence of payment to the Store's account (applies to bank transfer or electronic payments), the Order will be canceled after 5 business days from the date of placing the Order, and the Customer will be informed about this via the indicated email address.

3.4.The Seller delivers the Product ordered in the Store via courier companies. The shipping cost depends on the total weight of the ordered Product and is provided when placing the Order.

3.5.The fiscal receipt is sent to the indicated email address in the form of an e-receipt via the e-paragony.pl platform, unless, according to the Customer's earlier choice, 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 for the Customer's signature.

3.6.Upon receipt of the shipment, the Customer should carefully check the package and the received Product. The Customer is obliged to assess the condition of the Product and its 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 must be drawn up in the presence of the Courier. The complaint protocol constitutes the basis for the Product complaint.

3.7.In case of discovering Product damage at a later time, please proceed in accordance with the complaint procedure described in paragraph 3 below.

3.8.The Customer is requested to evaluate the transaction after the Product has been delivered.

 

4.Return of Goods

4.1.In accordance with the Consumer Rights Act, the Customer (Consumer and Entrepreneur with consumer rights), who has concluded a distance contract, has the right to withdraw from the concluded Sales Agreement within 14 (fourteen) days from the date of conclusion of the contract without stating a reason, pursuant to the Act of May 30, 2014 (Journal of Laws 2014, item 827 as amended). The right referred to above also applies to a natural person – an Entrepreneur with consumer rights, entering into a contract directly related to their business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.

4.2.In the event of exercising the right referred to in the preceding paragraph, the Consumer is obliged to inform the Seller by submitting a declaration of withdrawal from the contract, formulated independently or using the form provided by the Seller, which constitutes Appendix No. 1 to the Regulations.

4.3.The declaration of withdrawal from the contract may be sent by post to the Seller's address or electronically to the address: zwrot@bebobi.pl. A declaration of withdrawal from the contract submitted after the deadline referred to in paragraph 4.1. shall have no legal effect.

4.4.The form for the declaration of withdrawal from the contract (Appendix No. 1 to the Regulations) and information regarding the exercise of the right of withdrawal from the contract (Appendix No. 2 to the Regulations) constitute an integral part of the Regulations and are available with them on the Store's website in the "Regulations" tab.

4.5.Upon receipt of the declaration of withdrawal from the contract, the Seller will immediately send a confirmation of receipt of the declaration of withdrawal from the contract in the form of an e-mail to the Consumer's e-mail address.

4.6.The Consumer is obliged to return the Product immediately, but no later than within 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to send back the Product before its expiry. The returned Product must be complete and must not bear signs of use beyond ordinary management of the item. The returned Product should be packaged, if possible, in its original packaging, or at least in an appropriate manner, ensuring no damage during transport.

4.7.If the delivered Product is incomplete or bears signs of use exceeding ordinary management of the item, the Seller reserves the right to refuse to accept the shipment, or to reduce the returned amount by the equivalent of the confirmed damage.

4.8.The direct cost of returning the goods shall be borne by the Consumer in the event of withdrawal from the contract. If the Consumer has chosen a method of delivering the Product other than the cheapest delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by them.

4.9.The right to withdraw from a distance contract does not apply to a Consumer in relation to contracts for which the subject of the service is an unmanufactured item, produced according to the consumer's specifications or intended to satisfy their individualized needs.

4.10.In the event of withdrawal from a distance contract, the contract is considered null and void. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics, and functionality of the Product.

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 after the Seller receives the returned Product back or the Consumer provides proof of its shipment, whichever occurs first.

4.12.The Seller declares that the refund of payments referred to in point 4.11 will be processed using the same payment method as used by the Consumer. The Seller, in agreement with the Consumer, may establish a different refund method that will not involve additional costs for the Customer.

4.13.By concluding the Sales Agreement, the Consumer confirms that they have read the content of these Regulations, including confirming that they have been informed of the right to withdraw from the distance contract within 14 days from the date the Product was delivered to them.

§ 4 Complaints

 

1.In the event that the Customer (Consumer and Entrepreneur with consumer rights) finds the purchased Product to be inconsistent with the Agreement, the Customer has the right to demand that the Product be brought into conformity with the Agreement through free repair or replacement of the Product with a new one, unless repair or replacement is impossible or would involve excessive costs.

2.The Store is responsible for the Product's non-conformity with the Agreement only if it is revealed within two years from the moment the Product was delivered to the Customer.

3.In case of discovering a defect in the purchased Product, the Customer is obliged to report it to the Store at the e-mail address hello@bebobi.pl. In the report, the Customer should provide their contact details (first name and surname, correspondence address, e-mail address, contact phone number), accurately describe the Product and its defect, provide the purchase date, and specify their request.

4.The customer will receive information regarding sending the defective product to the Store in a return message. If possible, a proof of purchase should be attached to the returned Product.

5.In the event of omissions in the content of the submitted complaint, the Store will request the Customer to supplement it to the necessary extent immediately, but no later than within 7 days from the date of receiving the complaint from the Customer.

6.Differences resulting from individual Customer computer settings (proportions, color, etc.) cannot be grounds for a complaint.

7.The Store will respond to the Customer's request within 14 days from the date of submitting the complaint. If the complaint is accepted, the damaged Product will be repaired or replaced with another, fully functional one, and if this is not possible (for example, due to out of stock) or would involve excessive costs, the Store will refund the Customer the equivalent of the Product's price in whole or in part (due to a price reduction) or will offer other Products available in the Store for selection.

8.The costs of shipping the complained Product are borne by the Customer. The Store reimburses the costs of shipping the complained Product immediately upon receipt of the shipment and acceptance of the complaint as justified.

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

10.When the fulfillment of the Customer's complaint requests involves the delivery of a new or repaired Product, all delivery costs shall be covered by the Store.

11.The scope of the Seller's liability for the non-conformity of the Product with the Agreement and the specific rights of the Consumer in this regard, to the extent not defined in this paragraph, are specified by the Consumer Rights Act.

 

§ 5 Personal Data Protection

1.Customers' personal data in the Store are processed in accordance with the principles indicated in the Store's Privacy Policy and are protected in accordance with applicable legal provisions. We obtain Customer's personal data as a result of registration on the www.bebobi.pl website or in connection with placing an order in the Store (purchases without logging in).

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

3.The customer has the right to access personal data processed by the Store and to supplement or correct it. More information can be found in the Store's Privacy Policy.

 

§ 6 Out-of-court complaint resolution methods

and claim enforcement

1. A Customer who is a Consumer has, among other things, the following options to use out-of-court complaint and claim resolution methods:

a. by applying to a permanent consumer arbitration court operating at the Trade Inspection Authority for a resolution of a dispute arising from the concluded Sales Agreement;

b. by applying to the provincial inspector of the Trade Inspection Authority for the initiation of mediation proceedings for an amicable resolution of a dispute between the Customer and the Seller;

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

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

2. Any disputes arising between the Seller and an Entrepreneur (i.e., a Customer who is not a Consumer) shall be resolved by the court locally competent for the Seller's registered office.

§ 7 Final Provisions

1.The Seller reserves the right to:

a.Change prices, effective from the moment of change,

b.Change the Shop's offer;

c.The possibility of fulfilling Orders in batches, 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, referred to in point 4.1 of the Regulations, begins from taking possession of the last item, its batch or part.

2.In matters not regulated by these Regulations, the provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act, and the Act on the provision of electronic services.

3.Appendices to the Regulations constitute an integral part thereof.

4.The Seller reserves the right to amend these Regulations for important reasons, e.g., changes in legal provisions or technological changes. Each amendment to the Regulations will be published on the shop's website www.bebobi.pl and is binding for Orders placed after its effective date.

5.These Regulations in their current form are valid from September 9, 2024.

 

Appendices:

 

1)Form of declaration of withdrawal from the contract (Appendix No. 1 to the Regulations)

2)Information on exercising the right to withdraw from the contract (Appendix No. 2 to the Regulations (Consumer and Entrepreneur with Consumer Rights)