IMMBOO.COM ONLINE STORE REGULATIONS
§ 1
GENERAL PROVISIONS
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The www.immboo.com store operates under the principles set out in these Regulations.
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The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.immboo.com Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of services electronically.
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Each Service Recipient is obliged to comply with the provisions of these Regulations upon taking steps to use the Electronic Services of the www.immboo.com Store.
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In matters not regulated in these Regulations, the following provisions shall apply:
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Act on the provision of services by electronic means of 18 July 2002,
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Act on Consumer Rights of 30 May 2014,
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Act on out-of-court resolution of consumer disputes of 23 September 2016,
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the Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.
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§ 2
DEFINITIONS IN THE REGULATIONS
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ORDER FORM – a form available on the website www.immboo.com enabling the placement of an Order.
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CLIENT – A Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
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CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to his or her business or professional activity.
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ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
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PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
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STATUTE - these Store regulations.
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STORE - The Service Provider's online store operating at www.immboo.com.
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SELLER , SERVICE PROVIDER – ………………………………………………………………………………………………
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SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
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ORDER - a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
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PRICE – value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ABOUT PRODUCTS AND ORDERING THEM
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The www.immboo.com store sells Products via the Internet.
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The products offered in the Store are new, compliant with the contract and have been legally introduced to the Polish market.
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The information on the Store's website does not constitute an offer within the meaning of applicable law. By placing an Order, the Customer is making an offer to purchase a specific Product under the terms specified in its description.
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The Product price displayed on the Store's website is given in Polish zloty (PLN) and includes all components. The price does not include shipping costs.
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Orders can be placed via the website using the Order Form (Shop www.immboo.com) – 24 hours a day, all year round.
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The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.
§ 4
CONCLUSION OF THE SALES AGREEMENT
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To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
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After placing the Order, the Seller immediately confirms its receipt.
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Confirmation of receipt of the Order referred to in point 2 of this paragraph binds the Customer to their Order. Confirmation of receipt of the Order is sent via email.
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Confirmation of receipt of the Order includes:
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confirmation of all essential elements of the Order,
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withdrawal form,
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these Regulations containing information on the right to withdraw from the contract.
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Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
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Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5
PAYMENT METHODS
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The Seller provides the following payment methods:
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payment by traditional transfer to the Seller's bank account,
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payment via electronic payment system.
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In case of payment by traditional transfer, payment should be made to the bank account number: ……..……………………………………………………………………………………………………. (Bank ……..… SA) ………………………………………………………………………………………………………………………………………………. In the transfer title please enter "Order No. ...".
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When paying via an electronic payment system, the Customer must make payment before the Order begins processing. The electronic payment system allows for payment by credit card or quick transfer from selected Polish banks.
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The Customer is obliged to pay the price under the Sales Agreement within ....... business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
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The product will only be shipped after payment has been received.
§ 6
COST, DATE AND METHODS OF PRODUCT DELIVERY
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The Product delivery costs covered by the Customer are determined during the Order placement process.
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The delivery time of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
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the time for completing the Products is 1 business day,
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delivery of Products constituting movable items by the carrier takes place within the time declared by the carrier, i.e. 2 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and public holidays).
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Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.
§ 7
PRODUCT COMPLAINT
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Complaint due to the lack of conformity of the Product with the contract.
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The basis and scope of the Seller’s liability towards the Customer who is a Consumer for the lack of conformity of the Product with the contract are specified in the Consumer Rights Act of 30 May 2014,
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the basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of 23 April 1964,
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The Seller is liable to the Customer who is a Consumer for any lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that time, unless the expiry date of the Product specified by the Seller or persons acting on his behalf is longer,
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Notification of the non-conformity of the Product with the contract and submission of an appropriate request can be made via e-mail to the following address: immboo@immboo.com or in writing to the following address: …………………………..
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In the above message, in written or electronic form, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and expedite the Seller's processing of the complaint.
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in order to assess the irregularities and non-conformity of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense,
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The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint,
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in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission shall be deemed to have been accepted,
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in connection with a justified complaint from a Customer who is a Consumer, the Seller shall:
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covers the costs of repair or replacement and re-delivery of the Product to the Customer,
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reduces the price of the Product (the reduced price must be in proportion to the price of the goods in accordance with the contract to the goods incompatible with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days of receiving the declaration of price reduction from the Consumer,
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In the event of a Consumer withdrawing from the contract, the Seller will refund the price of the Product no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obligated to immediately return the goods to the Seller at the Seller's expense.
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the response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.
§ 8
RIGHT OF WITHDRAWAL FROM THE CONTRACT
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Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving any reasons by submitting an appropriate declaration within 14 days.
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In the event of withdrawal from the contract, the Sales Agreement is deemed null and void, and the Consumer is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before its expiry.
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In the event of withdrawal from the Sales Agreement, the Product must be returned to the following address: …………………………………………………………………………………
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The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller fails to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right to withdraw from the contract and fails to provide them with a sample withdrawal form. In order to establish the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect the Products only in the same manner as they would in a brick-and-mortar store.
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Subject to points 6 and 8 of this section, the Seller will refund the value of the Product, including delivery costs, using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for them. Subject to point 7 of this section, the refund will be made immediately, and no later than 14 days from the Seller's receipt of the declaration of withdrawal from the Sales Agreement.
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If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse the additional costs incurred by him.
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If the Seller has not offered to collect the Product from the Consumer, he may withhold the reimbursement of payments received from the Consumer until he receives the returned goods or provides proof of having sent them back, whichever occurs first.
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The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
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The fourteen-day period within which the Consumer may withdraw from the contract is counted for the contract in the performance of which the Seller delivers the Product and is obliged to transfer its ownership - from the day on which the Consumer (or a third party indicated by him other than the carrier) took possession of the Product.
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The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Agreement, among others, where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet his individual needs.
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Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to fulfill its obligation within a strictly specified period.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
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The Service Provider enables the use of the Electronic Service via the Store, which is the conclusion of Product Sales Agreements.
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The provision of Electronic Services to Service Users in the Store takes place under the conditions specified in the Regulations.
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The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
§ 10
CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
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The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
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The agreement for the provision of Electronic Services consisting in enabling the placement of an Order in the Store is concluded for a fixed period and is terminated when the Order is placed or when the Service User ceases to place it.
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Technical requirements necessary for cooperation with the IT system used by the Service Provider:
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a computer (or mobile device) with Internet access,
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access to e-mail,
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web browser,
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enabling Cookies and Javascript in your web browser.
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The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, with respect for the personal rights and intellectual property rights of third parties.
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The Service Recipient is obliged to enter data consistent with the actual state of affairs.
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The Service User is prohibited from providing illegal content.
§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
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Complaints related to the provision of Electronic Services via the Store may be submitted by the Service User via e-mail to the following address: immboo@immboo.com
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In the above email, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity, and your contact details. This information will significantly facilitate and expedite the Service Provider's handling of the complaint.
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The complaint will be considered by the Service Provider immediately, no later than within 14 days from the date of submission.
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The Service Provider's response to the complaint is sent to the Service User's e-mail address provided in the complaint or in another manner specified by the Service User.
§12
FINAL PROVISIONS
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Contracts concluded through the Store are concluded in accordance with Polish law.
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In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Regulations.
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Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiation, with the intention of resolving the dispute amicably, in accordance with the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible or is unsatisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 4 of this section.
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Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
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The Customer who is a Consumer also has the right to use extrajudicial methods of resolving disputes, in particular by submitting, after the complaint procedure is completed, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223) . The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also seek free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
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In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr /.
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The document was created using an automatic generator available on the website www.lexlab.pl/generator-regulaminu