Regulations of the Website
§ 1. GENERAL PROVISIONS.
1. These Regulations set out the rules for the use of services offered by SBX Julianna Olanska, a sole proprietorship with its registered office under the address: Wasilkowska street, no: 102B, Studzianki, Poland 16-010, hereinafter referred to as SELLER, on the SwissbeatboxStore website, hereinafter referred to as the Online Store.
2. The Regulations define: the rules for placing and processing orders, the rights and obligations of the parties, the responsibilities of the Seller and the order information.
3. The owner and administrator of the online store operating at www.store.swissbeatbox.com is SBX Julianna Olanska, a sole proprietorship, with its registered office in Studzianki at Wasilkowska Street no. 102B (16-010 Studzianki), Poland, NIP no.: 5423222294, REGON no.: 200884889.
4. The Regulations are an integral part of the Sales Agreement and are binding on both parties, unless they agree in writing on different provisions.
5. The condition of placing an Order is reading and accepting these Regulations. By placing the Order the Customer accepts the content of the Regulations.
§ 2. GLOSSARY.
1. SELLER / SERVICE PROVIDER – SBX Julianna Olanska, a sole proprietorship with its registered office in Studzianki at Wasilkowska Street no. 102B (16-010 Studzianki) NIP no.: 5423222294, REGON no.: 200884889, running the Online Store at www.store.swissbeatbox.com.
2. CUSTOMER / BUYER / SERVICE PROVIDER – a natural person with full or limited legal capacity, including a consumer, legal person or organizational unit without legal personality but with legal capacity, who intends to conclude or has concluded a Sales Agreement with the Seller.
3. SALES AGREEMENT – the contract of sale of Goods or Services concluded or entered into between the Customer and the Seller via the Online Store.
4. GOODS – a movable item available from the Seller's offer being the subject of a Sales Agreement between the Customer and the Seller, made on the basis of the Order and other detailed arrangements between the Customer and the Seller.
5. ORDER – an individual order, placed in writing, electronically or through an Order Form, concerning the conclusion of a Sales Agreement for Goods or Services.
6. ORDER FORM – Electronic Service, interactive form available in the Online Store, enabling to place an Order, in particular to add Goods or Services to an electronic cart and determine conditions of the Sales Agreement, including manner of delivery and payment.
7. ONLINE STORE – Service Provider's Online Store available at the following address: www.store.swissbeatbox.com
8. ELECTRONIC SERVICE – service provided electronically by the Service Provider to the Customer through the Online Store.
9. REGISTRATION FORM – a form available in the Online Store, which allows the creation of an Account.
10. ACCOUNT – Electronic Service, marked with an individual name (login) and password given by the Customer, a set of resources in the Service Provider's IT system, in which the Customer's data are collected, including information about placed Orders.
11. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive the contents of subsequent editions of a newsletter containing information about Goods available from the Seller.
12. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 2020.1740).
13. CONSUMER – a Customer who is a natural person being a consumer within the meaning of the provisions of the Civil Code.
14. WRITTEN CONFIRMATION/SELLER'S LETTER/CUSTOMER'S LETTER – signed Letter of the Seller or the Customer, as well as included in the message sent by electronic mail (e-mail) signed, but without the need for a secure electronic signature verified by a valid qualified certificate referred to in Article 78 § 2 of the Civil Code.
15. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
16. REGULATIONS – these Regulations.
§ 3. USING THE ONLINE STORE AND ELECTRONIC SERVICES AVAILABLE IN THE ONLINE STORE.
2. The Customer is entitled and obliged to use the Online Store in accordance with the law, good practice and its purpose and to comply with these Regulations.
3. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Online Store, including, in particular, from any interference with the content of the Online Store or its technical elements, including the delivery of illegal content.
4. The Service Provider, to the fullest extent permitted by law, shall not be liable for disruptions, including interruption, in the operation of the Online Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
5. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter. The use of these Services by the Customer is free of charge.
6. Creating and using an Account requires registration in the Online Store. For this purpose, you must complete the registration form, providing the name and surname of the Customer or the company name, address (street, number of the house / apartment, zip code, city, country), e-mail address, contact telephone number and password, accept the Terms and Conditions and agree to the processing of personal data to the extent necessary for the establishment, shaping the content, changes, termination and proper implementation of electronic services and the implementation of Customer orders. In the case of Customers who are not Consumers it is also necessary to provide company name and NIP/VAT number.
7. After registering in the Online Store each time you log in using the data provided in the registration form.
8. The use of the Order Form requires having an active Account, is of a one-time nature and starts when the first Goods are added to the electronic shopping cart in the Online Store. Placing an Order through the Order Form requires specifying the Goods/s, the quantity of the Goods/s, the address and method of delivery, the method of payment and clicking the field "Order and pay". Independent modification of the entered data is possible until the moment of completing the Order through the Order Form, which takes place at the moment of clicking "Order and pay".
9. The use of the Newsletter-Electronic Service does not require having an active Account and is done by providing in the field "Newsletter" the email address and clicking on the field on the right side with an envelope icon or pressing the enter key. Selection of the Newsletter Service may also be made during Account registration by ticking the appropriate checkbox - service activation shall take place upon Account creation.
10. The Account and the Newsletter are Electronic Services provided for an indefinite period of time in a continuous manner. The Customer may terminate the agreement for provision of Electronic Services without specifying a reason by sending an appropriate statement via e-mail to the address: firstname.lastname@example.org or in writing to the address: Wasilkowska Street no. 102B, Studzianki, 16-010 Poland. The Agreement in such a case expires after 7 days from the date of receipt of a statement of intent to terminate (notice period), unless the parties agree on a shorter notice period.
11. In the case of Service Recipients who are also Consumers, the Service Provider may terminate the agreement for provision of Electronic Services when the Service Recipient objectively and grossly or persistently violates the Terms and Conditions, in particular when he provides illegal content, after ineffective at least one request to cease or remove the violations with setting an appropriate period of time. The Agreement for the provision of Electronic Services in this case expires after 7 days from the date of receipt by the Service Provider of a statement of intent to terminate it (period of notice).
12. In the case of Customers who are not Consumers at the same time, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving any reason by sending the appropriate statement to the Customer.
§ 4. ACCEPTANCE OF THE ORDER AND CONCLUSION OF THE SALES AGREEMENT.
1. Advertisements, commercials, price lists and other information about the products available in the Seller's range of products, in particular their descriptions, technical and performance characteristics and prices, are an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
2. The Customer can place an order through the Order Form available in the Online Store 24 hours a day, 7 days a week.
3. The Online Store www.store.swissbeatbox.com sells on the territory of the Republic of Poland, and ships Goods to the Republic of Poland, territory of the European Union and other countries that do not belong to the European Union and there is a possibility of buying shipment by DHL.
4. In order to place an order the Buyer should add the Goods he wishes to buy to the "Shopping Cart". Adding a product to the "Shopping Cart" is not equivalent to placing an order. Goods can be added or removed from the "Shopping Cart".
5. The "Shopping Cart" allows the Customer to manage the ordered Goods and to calculate the value of the order.
6. To place an order, you must add the Products of your choice to the "Shopping Cart", specify the type of shipping and form of payment, and then select "order and pay" and follow the instructions provided.
7. Once a valid order has been placed, the order is deemed to have been accepted. Orders placed in this manner are confirmed by e-mail by sending a Written Order Confirmation to the Customer at the address provided by the Customer. The moment the agreement is concluded is considered to be the moment the written confirmation of the order is sent to the customer.
8. Any subsequent changes to the Order shall require the written Confirmation of the other party. If a subsequent change to an Order entails an obligation to pay an amount of money exceeding the amount specified in the original Order, the Seller shall accept the Order for execution after the Customer confirms in writing that he is aware of this obligation.
9. Orders that do not meet the requirements of these Regulations or are not paid will not be processed and will be removed within 5 days from the date of their submission.
§ 5. PRICES AND PAYMENTS.
1. Prices of products indicated on the website www.store.swissbeatbox.com are inclusive of VAT and are given in euros, but do not include delivery costs.
2. The Seller reserves the right to make changes in prices on an ongoing basis. The right referred to in the previous sentence does not affect Orders already placed - the price of the Goods displayed at the time of placing the Order is binding for both parties and will not be changed.
3. The Seller provides the following methods of payment: a) payment through PayPal service b) payment through Paynow service (card, Blik, transfer). The Seller reserves the right to add new payment methods.
4. The condition of accepting the order for execution is prior payment for the ordered Goods.
5. Acceptance of the Regulations means that the Customer agrees to receive VAT invoices or fiscal receipts electronically, in accordance with applicable law in this regard, to the e-mail address specified by the Customer. VAT invoices or fiscal receipts sent electronically will be saved in PDF format.
6. The Customer's obligations arising from the sales agreement of the Goods shall be maintained until payment in full for the Goods and the costs of delivery.
§ 6. COSTS, DATES AND DELIVERY METHODS.
1. The order completion date is indicated next to the given Goods. The lead time for the Goods ordered in the Online Store is approximate and ranges from 1 to 14 business days.
2. The period for delivery of the Goods runs from the date of sending to the Customer a confirmation of acceptance of the order for processing. By sending to the Customer a confirmation of acceptance of the order for processing, the Online Store can inform the Customer about the expected delivery time.
3. The Customer may choose as a form of delivery: a. collection by the Customer at the address indicated in the order placed by the Customer; b. collection by a third party indicated by the Customer, at the address indicated by the Customer.
5. All orders that have been paid for by the Customer before the delivery date will be issued only to the Customer or the person designated by the Customer in the order.
6. Delivery of shipment, containing the ordered Goods, to the address specified by the Customer shall be made on a business day through a courier company. Details of the courier company are indicated in the Store.
7. Delivery is attempted three times. After the third unsuccessful delivery attempt, the Goods shall be returned to the Seller. The Customer shall be informed about returning of the Goods to the Seller by sending correspondence to the e-mail address specified in the order. With reference to the Goods in which the payment method was payment on delivery, after the third ineffective attempt of delivery, the order placed by the Customer shall be automatically cancelled.
9. In the case of orders for which the Customer has chosen delivery outside Polish borders, delivery time may be extended, of which the Customer will be informed during the order.
10. Delivery costs shall be borne by the Customer.
11. Delivery costs are indicated on the Online Store website when placing an order.
12. The Seller shall not be liable for delay or lack of delivery, if they will be the result of the occurrence of the so-called force majeure, i.e. occurrence of any external events, impossible to foresee and avoid, for which the Seller is not responsible and are beyond the control of the Seller. In particular, force majeure shall be floods, earthquakes or other natural disasters, war, terrorist attacks, strikes, pandemics, states of emergency, breaks in media supply or lack of functioning of means of transport.
13. If shipment of the Goods is delayed at the request or fault of the Customer, storage of the Goods shall be at the expense and risk of the Customer. In this case the notice of readiness for shipment is equal to shipment.
14. Risk of accidental loss of or damage to the Goods passes to the Customer at the time of handing over the Goods to the forwarder, carrier, courier company or person delegated by the Customer to collect the order. In the case of the Customer being a Consumer, the risk referred to in the first sentence passes only if the Seller had no influence on the choice of the carrier by the Customer.
15. It is recommended that the Consumer, if possible after the delivery of the consignment, check the condition of the goods, as well as in the presence of a representative of the entity performing the delivery draw up an appropriate protocol. Checking the consignment will make it easier and faster to pursue any possible claims from the responsible entity in the event of mechanical damage to the consignment incurred during transport. In the case of mechanical damage to the consignment the Consumer should, as soon as possible, contact the Seller by phone: +48 797958146 or e-mail: email@example.com.
16. The Buyer who is not a Consumer should check the condition of the goods after delivery, as well as draw up an appropriate protocol in the presence of a representative of the entity carrying out the delivery. In the case of mechanical damage to the consignment during transport, the Customer should make a report of damage and immediately contact the Seller by phone: +48 797958146 or e-mail: firstname.lastname@example.org.
§ 7. CONSUMER'S RIGHT OF WITHDRAWAL.
1. The provisions of this paragraph shall apply only to Customers who are Consumers.
2. A Customer who is a Consumer who has concluded a remote agreement or an off-premises agreement, may within 14 days withdraw from the agreement without giving any reason and without incurring costs, except: a) delivery costs exceeding the cost of the cheapest method of delivery offered by the Seller - in a situation where the Consumer has chosen a method of delivery other than the cheapest offered by the Seller; b) direct costs of returning the item.
3. The deadline for withdrawal from the agreement, in the performance of which the Goods are issued, starts from taking possession of the Goods by the Consumer or a third party indicated by him, other than the carrier, and in the case of other agreements - the deadline for withdrawal from the agreement runs from the date of its conclusion.
4. The Consumer may withdraw from the agreement by submitting to the Seller a statement of withdrawal from the agreement. The statement can be submitted on the form, which constitutes Attachment No. 1 to these Regulations. The statement can be sent via e-mail, providing the data necessary to identify the agreement, which the withdrawal is to concern (personal data and order or agreement number), in this situation the Seller immediately confirms receipt of the statement of withdrawal by sending a message to the e-mail address specified by the Customer.
5. To meet the deadline for withdrawal from the agreement, it is sufficient to send a statement of withdrawal before its expiry.
6. In case of withdrawal from the agreement, the agreement is considered as not concluded. The parties are obliged to return what they have mutually provided. The Seller, within 14 days of receipt of notice of withdrawal from the agreement, returns to the Customer all payments made by him in the manner in which the payment was made, unless the Customer agrees to another way of reimbursement.
7. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the item or until the Consumer provides the Seller with proof of its return, depending on which event occurs first.
8. In the case of withdrawal by the Consumer from the agreement on the terms described in this paragraph, he is obliged to return the Goods covered by the agreement in an unchanged condition. Reimbursement should take place no later than 14 days from the date of withdrawal from the agreement by sending the goods to the address: Julianna Olanska, Wasilkowska Street no. 102B, 16-010 Studzianki, Poland.
10. It is recommended that the Consumer, if possible, in the case of withdrawal from the agreement under the provisions of this paragraph, return the goods with the receipt and in the original packaging. This will facilitate verification of the returned Goods.
11. The right to withdraw from the agreement concluded off-premises or at a distance does not apply to the Consumer in the cases specified in Article 38 of the Act on Consumer Rights of 30 May 2014 (Journal of Laws.2020.287), in particular and in relation to the agreement in which the object of performance is a non-refabricated item, produced to the specification of the Consumer to meet his individualized needs.
12. The aforementioned provisions do not limit the rights of Consumers under the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2020.287) and the Civil Code.
§ 8. ADDITIONAL RIGHT OF RETURN.
1. Notwithstanding the statutory right of withdrawal referred to in § 7, if the Customer, who is not a Consumer, for any reason is not satisfied with purchases made through www.store.swissbeatbox.com, he can return purchased Goods within 14 days of receipt.
2. In the case of exercising the additional right of return, the Customer is not entitled to reimbursement of delivery costs.
3. In order to return the Goods, free of charge, under this paragraph, the Customer should notify the Seller by e-mail at the address: email@example.com, or by phone at: +48 797 980 146, completing the returns form available on the website of the Online Store.
4. In the case of exercising the additional right to return, the Customer shall bear the costs of returning the Goods.
5. The Customer, who is not a Consumer, after notifying the Seller should immediately return the ordered goods together with the original packaging, tag and receipt by sending it to the following address: Julianna Olanska, Wasilkowska Street no. 102B, 16-010 Studzianki, Poland.
6. The Seller within 14 days of receipt of a statement on the exercise of additional right of return by the Customer, shall return to the Customer all payments made by him in the manner in which the payment was made, unless the Customer agrees to another way of return.
7. The Seller may withhold the reimbursement of payments received from the Customer until receipt of the item or until the Consumer provides the Seller with proof of its return, whichever event occurs first.
8. The Customer shall bear the costs of shipping the items to the Seller.
9. In the event of returning several Goods received in one shipment, the Customer should also return the Goods together in the same shipment.
10. The exercise of the additional right of return described in this paragraph, is voluntary and depends on the will and decision of the Customer.
11. The aforementioned provisions do not limit the rights of Consumers under the Act on Consumer Rights of May 30, 2014 (Dz.U.2020.287) and the Civil Code.
§ 10. COMPLAINT PROCEDURE.
1. The Seller is obliged to provide Goods free from defects.
2. The basis and scope of the Seller's liability to the Customer is governed by the Civil Code and the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2020.287).
3. The Customer may lodge a complaint in writing via e-mail to the following address: firstname.lastname@example.org. In the event of a complaint by e-mail, the response to the complaint is also in electronic form on the e-mail address from which the complaint was sent.
4. Complaints are considered immediately, no later than within 14 days.
5. The complaint should describe the non-conformity of the goods with the agreement, provide information necessary to identify the order, and indicate whether the Customer requests the removal of defects or replacement with something free from defects or price reduction or withdrawal from the agreement. The Customer may not withdraw from the agreement if the defect is insignificant. Attach a receipt or invoice documenting the purchase is not necessary, but will facilitate the consideration of the complaint.
6. The Customer does not have the right to demand reduction in price or withdrawal from the agreement, if the entity responsible under the warranty immediately and without undue inconvenience to the Customer will replace the defective item for a defect-free item or remove the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller, or the Seller failed to satisfy the obligation to replace the item with a defect-free item or remove the defect.
7. The Customer who exercises the rights under warranty is obliged to deliver the Goods complained of to the following address: Julianna Olanska, Wasilkowska Street no. 102B, 16-010 Studzianki, Poland.
8. The Seller will consider the complaint within 14 days and inform the Customer about the manner of its resolution by e-mail to the address specified by the Customer or by phone to the phone number specified by the Customer.
9. The Customer has the right to claim the goods for non-conformity of goods with the agreement within 2 years from the date of issue of the item directly to the Customer.
10. The aforementioned provisions do not limit the rights of Consumers under the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2020.287) and the Civil Code.
§ 11. PERSONAL DATA.
1. The controller of the Customer's personal data provided when registering an account or placing an order (including: name, surname, e-mail address, telephone number, delivery address) is SBX Julianna Olanska, NIP no.: 5423222294 with its registered office in Studzianki and Swissbeatbox GmBh.
2. Personal data provided when creating an account and then placing an order will be processed for the following purposes: a. processing orders on the basis of Article 6(1)(b) of the GDPR, which indicates that the processing is necessary for the performance of an agreement to which the Customer is a party, b. taking action at the request of the Customer to whom the data relates before entering into an agreement, c. determining, defending and pursuing claims and statistical purposes on the basis of Article 6(1)(f) of the GDPR, i.e. legitimate interests pursued by the Controller, d. in the case of expressing consent to marketing, data are also processed for marketing purposes (the basis for processing is Article 6(1)(a) of the GDPR, i.e. the Customer's consent).
3. Recipients of personal data will be entities cooperating with the Controller, who support him in the activities by providing services: administration, marketing, information technology (including providing the relevant software used in the performance of the agreement), suppliers of orders placed in the online store, payments.
4. The Controller does not intend to transfer data to third countries or international organizations.
5. Personal data provided for the purpose of executing and servicing orders will be stored until the expiry of the limitation period for claims arising from completed orders, and data processed for marketing purposes - until the withdrawal of consent or until you object to their use.
6. The Customer has the right to demand access to his/her personal data, their rectification, erasure, restriction of their processing, as well as the right to data portability, withdrawal of consent to data processing at any time, which, however, does not affect the legality of the processing, which was performed on the basis of consent before its withdrawal. In case of recognizing that the personal data have been violated, the Customer has the right to lodge a complaint to the President of the Office for Personal Data Protection with its registered office in Warsaw, Poland.
7. All consents are voluntary. Each consent can be expressed by the Customer at the stage of creating an account in the Online Store, as well as later in his/her profile settings or browser settings.
§ 12. FINAL PROVISIONS.
1. The language in which Sales Agreements are concluded is English.
2. The Seller reserves the right to make changes to the Regulations for important reasons (e.g. changes in the law, changes in payment and delivery methods, changes to the scope, chargeability or form of provided Electronic Services, change of Seller's address) - to the extent, in which these changes affect the implementation of the provisions of these Regulations. Changes in the Regulations shall not in any way affect the acquired rights of customers who are also consumers and who have used the Online Store or concluded Sales Agreements before the 10th day of entry into force of the amendments, in particular the amendments to the Regulations shall not affect orders already placed and concluded, executed or performed Sales Agreements.
3. Amendments to the Regulations are effective from the date of their publication on the website www.store.swissbeatbox.com and apply to Sales Agreements concluded after that date.
4. In matters not covered by these Regulations, the provisions of generally applicable law shall apply, in particular the Civil Code, the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2020.344), as well as the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2020.287).
5. Disputes arising between the Seller and the Customer will be settled amicably in the first place. The parties have 21 days to settle the dispute amicably, and in case of ineffective expiry of the time limit, the case may be referred to a common court. Disputes with the Customer who is also a Consumer shall be submitted to the competent common courts. Disputes arising between the Seller and the Customer who is not a Consumer are subject to the competent court for the registered office of the Seller.