Dziki Bill Store Regulation
§ 1
Basic Provisions
1. The Dziki Bill online Store, available on the sklep.dzikibill.pl website, is run by Dziki Bill S.C. William Shaw Ryszard Sierotnik, 41-500 Chorzów, Rynek 11, NIP (tax identification number) 6762537517.
2. These Regulations concern both Consumers and Enterprises using the Store. It sets out the rules of using the online Store as well as the rules and procedures of concluding distance Sales Contracts with the Customer through the Store.
§ 2
Definitions
1. Consumer – a natural person concluding, with the Seller and within the Store, a contract the subject of which is not directly linked to their business or professional activity.
2. Seller – Dziki Bill S.C. William Shaw Ryszard Sierotnik, 41-500 Chorzów, Rynek 11, NIP (tax identification number) 6762537517.
3. Customer – any entity making purchases through the Store.
4. Enterprise – a natural person, legal entity or organizational unit not constituting a legal person which is given legal capability by a separate act, conducting economic activities on their own behalf and using the Store.
5. Store – online store run by the Seller on the sklep.dzikibill.pl website.
6. Distance Contract – contract concluded with the Customer within an organized distance contract conclusion system (within the Store) without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
7. Regulations – these Store regulations.
8. Order – Customer’s declaration of will submitted via the Order Form and leading directly to the conclusion of a Product(s) Sales Contract with the Seller.
9. Account – the Customer’s account at the Store. It stores the data provided by the Customer and information concerning Orders placed by them in the Store.
10. Registration Form – form available at the Store, enabling the creation of an Account.
11. Order Form – interactive form available at the Store, enabling the placement of an Order, particularly through adding Products to the Cart and determining the conditions of the Sales Contract, including delivery and payment method.
12. Cart – an element of the Store software displaying the Products selected by the Customer for purchase. It also enables the determination and modification of the Order data, particularly the quantity of Products.
13. Product – a movable good/service available at the Store, constituting the subject of the Sales Contract between the Customer and the Seller.
14. Sales Contract – contract of sales of Product(s) concluded between the Customer and the Seller via the online Store. The Sales Contract is also understood – In accordance with the Product features – as a service contract or a contract of commission.
§ 3
Contact with the Store
1. Seller’s Address: 41-500 Chorzów, Rynek 11.
2. Seller’s e-mail: ryszard@dzikibill.pl
3. Seller’s phone number: 698-209-753 from 1:00 p.m. to 5:00 p.m. CET.
4. Seller’s bank account number:
93 1050 1445 1000 0092 4894 8953 (ING)
5. The Customer can contact the Seller by using the addresses and phone numbers provided in this paragraph.
6. The Customer can contact the Seller by phone from 1:00 p.m. to 5:00 p.m. CET.
§ 4
Technical Requirements
To use the Store, including browsing the offer of the Store and placing Orders for Products, the following is necessary:
a. a terminal device with access to the Internet and an Internet browser
b. an active electronic mail (e-mail) account,
c. enabled support for cookies.
§ 5
General Information
1. To the fullest extent permitted by the law, the Seller is not liable for disruptions, including interruptions in the functioning of the Store caused by Force Majeure, tort by third parties or incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store offer does not require setting up an Account. Placing Orders for Products available in the Store offer by the Customer is possible either after setting up an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the processing of the Order without setting up an Account.
3. The prices shown in the Store are given in Polish zlotys and are gross prices (they include the VAT).
4. The final (ultimate) amount to be paid by the Customer consists of the price of the Product and the cost of delivery (including charges for transport, delivery and courier/postal services. The Customer is notified of the final amount on the Store pages during the placement of an Order – including the moment of expressing the will to conclude a Sales Contract.
5. In case of wholesale orders (that is, over 36 product items ordered by one customer/buyer), the arrangements made via e-mail or phone before purchasing the Products shall prevail. In the absence of any arrangements, the information provided by the system shall be binding – with the exception of the delivery cost, which shall be calculated individually and may differ from the amount stated in the Order.
§ 6
Setting up an Account in the Store
1. In order to set up an account at the Store, it is necessary to complete the Registration Form. The following data needs to be provided: name, surname/company name, address, e-mail address and phone number.
2. Setting up an Account at the Store is free of charge.
3. Logging in to access the Account is done by providing the login and password entered in the Registration Form.
4. The Customer is free to remove the Account at any time, with no obligation to provide justification and without penalty by sending an appropriate request to the Seller, in particular by means of electronic mail or by writing to the addresses provided in § 3. The Customer can also, within the limits of law, request the removal of all their data from the repositories storing this data (the right to be forgotten).
§ 7
Rules for Placing Orders
In order to place an Order, one should:
1. Log in to the Store (this step is optional);
2. Select the Product(s) to be ordered and click the “Add to Cart” (or equivalent) button.
3. Log in or use the option of ordering without registration;
4. If the option of ordering without registration has been selected: fill out the Order Form by entering the data of the Order recipient and the address for the delivery of the Product(s), select the package type (the mode of delivery of the Product(s)); enter the data for the invoice if it is different from the data of the Order recipient;
5. Press the “buy & pay” button and confirm the Order by clicking the link sent in an e-mail;
6. Select one of the available payment methods and, depending on the payment method, pay for the Order within the specified time, subject to § 8 point 3.
7. Transactions by credit card and internet transfer are carried by Dotpay.pl
§ 8
Offered Delivery and Payment Methods
1. The Customer can choose from the following methods of delivery or picking up of the ordered Product(s):
a. Courier shipment
b. Shipment to parcel locker
c. Postal shipment (this form may be unavailable)
2. The Customer can select one of the following payment methods:
a. Traditional bank transfer
b. Bank transfer via Dotpay
c. Cash on delivery
3. Detailed information on delivery methods and acceptable payment methods is available on the Store pages.
§ 9
Performance of the Sales Contract
1. The Sales Contract between the Customer and the Seller shall be concluded following the prior placement of an Order by the Customer through the Order Form in the online Store in accordance with § 7 of the Regulations.
2. After the placement of the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The Seller confirms the receipt of the Order and accepts it for processing by sending a suitable e-mail to the Customer’s electronic mail address provided when placing the Order. The e-mail shall contain at least the Seller’s confirmation of the receipt of the Order and of accepting it for processing and the confirmation of the conclusion of the Sales Contract. The Sales Contract between the Customer and the Seller is concluded upon the receipt of the aforementioned e-mail by the Customer.
3. In the event of selection by the Customer:
a. of payment by bank transfer, electronic payments or by payment card: the Customer shall make the payment within 3 business days from the conclusion of the Sales Contract. Otherwise the Order shall be cancelled.
b. of the “cash on delivery” payment method, the Customer shall make the payment upon delivery.
4. The starting point of the period of delivery of the Product(s) to the Customer is as follows:
a. If the Customer selects payment by bank transfer, electronic payments or by payment card – from the day of crediting the Seller’s bank account.
b. If the Customer selects the “cash on delivery” payment method – from the day of the conclusion of the Sales Contract.
5. The order placed by the customer will be completed (sent) within up to 4 working days from the day of placing the order.
§ 10
Right of Withdrawal
1. The Consumer may withdraw from the Sales Contract within 14 days without giving any reasons.
2. The Seller may refuse the sale – and immediately refund the paid amount – exclusively in the following cases:
– exceptional size of the order, impossible to process by the Seller, caused by an incorrect input of the amounts available in the Store or resulting from reasons beyond the Seller’s control.
– unavailability of the good, in the event of an Order caused by an incorrect input of the amounts available in the Store or resulting from reasons beyond the Seller’s control.
– Orders in case of which the delivery cost would considerably exceed the sum paid by the Customer for the delivery.
– infringement of personal interests of the Seller before the conclusion of the Contract.
3. The period designated in point 1 starts with the delivery of the Product to the Consumer or the person indicated by them, other than the carrier.
4. The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. The period for withdrawal shall be deemed to have been observed if the Consumer sends the statement before that term
5. The statement may be sent by traditional mail or by electronic means by sending it to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact data has been provided in § 3. The statement may also be submitted using the form set out in the annex to the Act dated May 30th 2014 on consumer rights, but this is not mandatory.
6. Effects of withdrawal:
a. In case of withdrawal from a distance Contract, the Contract shall be considered not concluded.
b. In case of withdrawal from the Contract, the Seller shall immediately, no later than 14 days from the receipt of the Consumer’s statement of withdrawal, refund to the Consumer all the payments made by them, except for the costs of delivery of the object – if the object has been sent or dispatched (the dispatch label has been printed).
c. The Seller shall refund the payment using the same payment methods as those used by the Consumer during the initial transaction, unless the Consumer has expressly accepted a different solution that would not result in them incurring any costs.
d. The Seller may withhold the refund of the payment until the return of the Product(s) or until they receive the proof that it (they) has (have) been sent back, depending on which event will occur first.
e. The Consumer shall immediately, no later than 14 days from the day of notifying the Seller of withdrawal form the Contract, return the Product(s) to the address of the Seller provided in these Regulations. The period for return shall be deemed to have been observed if the Consumer sends the Product(s) back before the 14-day deadline.
f. The Consumer shall bear the direct costs of returning the Product(s), including the return costs in case that the Product(s), due to its (their) nature, could not be returned by mail in the ordinary way.
g. The Consumer shall only be liable for any diminished value of the Product(s) resulting from handling it (them) in in any way other than what was necessary to establish the nature, characteristics and functioning of the Product(s).
7. The Consumer’s right to withdraw from a distance Contract does not apply to a Contract in which the subject of the services is an object delivered in sealed packaging, which cannot be returned after the opening of the packaging due to health protection reasons or for hygienic reasons – if the packaging has been opened after delivery.
§ 11
Complaints and Guarantee
1. The Sales Contract covers new Products.
2. In the event of a defect of a good purchased from the Seller (that is: expired Product(s), packaging damaged in other ways than during transport, defective packaging, Product(s) affected by rotting [although we hereby inform that no such cases were reported to date]), the Customer has the right to file a complaint based on the provisions of the Civil Code concerning warranty.
3. The complaint should be filed in writing or in electronic form to the Seller’s addresses provided in these Regulations.
4. The complaint shall, according to the arrangements between the Customer and the Seller, contain photographs of the defective packaging.
5. Complaints will be processed within a maximum period of 14 days.
§ 12
Personal Data in the Online Store and on the Website
1. The Controller of the Customers’ personal data collected through the online Store is the Seller.
2. The Customers’ personal data collected by the Controller through the online Store is collected for the purpose of performing the Sales Contract, and – if the Customer gives their consent – also for marketing purposes (mailing list).
3. This data will not be transferred to other entities, except for the entities in case of which the transfer of such data will be necessary in order to receive payments and dispatch Orders (Banks, Dotpay Sp. z o.o., delivery companies, Polish Post).
4. The data shall be processed exclusively for the purpose of performing the Contract, for marketing purposes (upon consent – mailing list), for statistical purposes (anonymized data) and automatically collected and processed by the Facebook platform for statistical purposes and for purposes of creating target groups of advertisement recipients.
5. The recipients of the personal data of the online Store Customers may be:
a. In case of a Customer using the postal shipment or courier shipment delivery method in the online Store, the Controller makes the obtained personal data of the Customer available to the selected carrier or intermediary providing delivery services on the Controller’s behalf.
b. In case of a Customer using the electronic payments or payment card payment method in the online Store, the Controller makes the obtained personal data of the Customer available to the selected entity supporting the aforementioned payments in the online Store.
c. In case of Enterprises – the data shall be made available to the accounting firm.
6. The Customer has the right to access their data and to correct it.
7. Providing personal data is voluntary. However, failing to provide the personal data indicated in the Regulations, necessary to conclude the Sales Contract, renders the conclusion of this Contract impossible.
Data storage manner:
– The data shall be stored in the system of the Store, on the server hosting it.
– The data shall be stored in the Seller’s inbox.
– The data shall be stored on the Seller’s computers in the form of spreadsheets and in accounting programs (in case of Enterprises).
All data shall be protected by publicly available means and shall not be shared.
The Customers’ personal data may be lawfully made available at the request of the competent state authorities.
The Customer has the right to receive a copy of the data stored by the Seller.
§ 13
Final Provisions
1. Contracts made through the online Store are concluded in the Polish language.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes to legislation, changes to payment and delivery methods – in the scope in which these changes affect the implementation of the provisions of these Regulations. The Seller shall notify the Customer of any amendments at least 7 days in advance
3. Matters not regulated by these Regulations shall be governed by the generally binding provisions of Polish law, in particular: the Civil Code; the Act on provision of services by electronic means; the Act on consumer rights; the Act on the protection of personal data.
4. The Customer has the right to recourse to out-of-court complaint and redress mechanisms. To do that, they can file a complaint through the EU ODR Internet platform available at: http://ec.europa.eu/consumers/odr/.