I. INTRODUCTORY PROVISIONS
These Regulations (“Regulations”) have been drawn up pursuant to Article 8 (1) (1) of the Act
1. These Regulations (“Regulations”) have been drawn up pursuant to Article 8 (1) (1) of the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).
as amended). 2.
(2) Terms used in the Regulations shall mean:
(a) Business Days – days from Monday to Friday, except for public holidays;
(b) Shop – the online store “broKat” operating at www.pracowniabrokat.pl,
b) Store – Internet shop “broKat” operating at , which is run by Brokat limited liability company with headquarters in Katowice (postal code: 40-860)
Gliwicka 188/3, entered in the register of entrepreneurs of the National Court Register kept by the District Court of Katowice
Gliwicka 188/3, entered in the register of entrepreneurs of the National Court Register kept by the District Court of Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register.
VIII Commercial Division of the National Court Register under the number KRS: 0000565588, holding NIP:
6342842136, REGON: 361933918 and share capital of PLN 150,000.00 (in words: one hundred
fifty thousand zlotys 00/100). Whenever the Regulations refer to the Company, this shall be understood as
it shall also mean the Store.
c) Buyer – a person placing an order through the Store.
d) Consumer – a natural person placing an order in the Store not directly related to his or her
business or professional activity.
e) Entrepreneur – a natural person, a legal person and an organizational unit
e) Entrepreneur – a natural person, legal person and organizational unit not being a legal person, with legal capacity, conducting business or professional
professional activity on its own behalf.
f) Goods – the Company’s own products and products of other manufacturers offered for sale by
Store.
Third Regulations are made available free of charge through the Store, and each Buyer has
each Buyer has the opportunity to read the provisions of the Rules prior to conclusion of a contract between the
Store and the Buyer. The Rules have also been made available on the Store’s website
The Regulations are also available on the Store’s website in PDF format, in a manner that allows it to be obtained, reproduced and stored.
4th Other details of the Company: a) Bank account number: 61 1050 1214 1000 0092 1348 9496 (ING
Bank Śląski S.A.).IBAN: PL61 1050 1214 1000 0092 1348 9496 SWIFT – BIC: INGBPLPW b) Contact: tel.
mobile: +48 883 866 008 (from 08:00 to 17:00), e-mail: produkt@pracowniabrokat.pl,
website: www.pracowniabrokat.pl.
II. ACCOUNT CREATION AND ORDERING PROCEDURE.
First Through the Shop it is possible to create and maintain an account, place orders and use the newsletter.
newsletter.
(2) In order to create an account in Store you must complete a registration form. Setting up an account is
free of charge. In order to use the account you must log in by providing the login and password
indicated in the registration form, unless the login or password has been changed by the Buyer after
creation of an account. 3.
Placing an order is possible through an established account in the Store or by providing
order is possible through an established account in the Store or by providing the necessary personal and address data to allow the implementation of the order.
4th Store conducts sales of goods via the Internet. Information about the Goods
Information about the Goods can be found on the website of the Store in the tab concerning the Goods. 5.
5th Orders are accepted through the website of the Store. In order to place an order
order should be filled in the order form. After the order has been placed, the Buyer
After placing the order a message is sent to the Buyer by e-mail, stating that the order has reached the Store.
6th Confirmation of the accession to the implementation of the contract is when the buyer receives an e-mail
from the Store with a confirmation of the order placed. At this time, the contract of sale between the Store and the
between the Store and the Buyer is considered to have been concluded. The Store shall be obliged to deliver the ordered
Goods, and the obligation of the Buyer to pay for the ordered Goods.
7th Placing orders via the Internet is possible on condition that the system
system used by the Buyer to meet the following minimum technical requirements:
a) Current web browser with Java Script support: Internet Explorer, Mozilla Firefox, Opera,
Safari or Google Chrome.
8. to make purchases in the Store it is necessary to have an active e-mail account
9.
9th It is prohibited to provide content of an unlawful nature by the Buyer.
10th In case of inability to implement the contract, store will notify the Buyer of this fact
Shop will notify the Buyer of this fact no later than 14 days from the date of receipt by the Buyer of confirmation of order
order. If the buyer pays for the order, the store will return the money paid
money paid.
11th If part of the contract can not be fulfilled, the Buyer is informed of this fact.
fact. The buyer decides whether the order is to be partially fulfilled or completely
canceled.
12th For promotional sales and sales there is a limited number of Goods.
Orders shall be fulfilled in the order they are received, until the stocks covered by this form of sale are exhausted.
of stocks covered by this form of sale.
III. PAYMENT AND ORDER PROCESSING TIME
(1) All prices of Goods displayed on the Store’s website are given in Polish zloty
Polish zloty, they include VAT and do not contain information about delivery costs.
2nd Order processing time is as follows: a) in the case of payment “cash on delivery” – 3 Business Days from the date of receipt of order confirmation.
Working Days from the date of receipt of order confirmation; b) in the case of payment by
transfer (prepayment) – 3 Business Days from the date of registration of the amount due on account
Store account. If we do not have the selected variant in stock, the lead time may extend
time may be extended to 10 working days.
Third After completing the order the goods are sent to the Buyer. Expected delivery time
delivery time is 2 working days.
4th The date of receipt of the shipment = lead time + estimated delivery time.
5th The Buyer can pay for the ordered Goods in Poland by choosing one of the following
forms of payment:
a) payment on delivery (the amount due is then collected by the courier);
b) bank transfer to the Store’s bank account (prepayment).
c) via the iMoje platform and PayPal.
6th For orders with delivery outside Polish territory, the only form of payment is prepayment (
transfer
7th Ordered goods are shipped on Polish territory through a professional carrier
Inpost, DPD. The cost of delivery is:
– Inpost: 12,00 PLN – in case of payment by bank transfer (prepayment); b) 16,00 PLN -.
in case of payment “on delivery”.
– DPD: 16.00 zł – in the case of payment by bank transfer (prepayment); b) 20.00 zł – in the case of payment “cash on delivery”.
in the case of payment “cash on delivery”. 8.
8th The cost of delivery outside Polish borders is determined individually, depending on the address and country
to which the Goods are to be delivered.
IV.STORE’S LIABILITY FOR DEFECTS IN GOODS
First Shop is responsible to the Buyer if the Goods sold have a physical defect.
Second Physical defect consists in non-compliance of the Goods with the contract. In particular, the sold Goods are
inconsistent with the contract if:
a) it does not have properties, which the thing of this type should have, due to the purpose
specified in the contract or resulting from the circumstances or purpose;
b) does not have the properties, of the existence of which the Store assured the Buyer;
c) is not suitable for the purpose for which the Buyer informed the Store at the conclusion of the contract, and the Store has not
c) is not fit for the purpose for which the Buyer informed the Store at the conclusion of the contract and the Store has not raised an objection to such purpose;
d) has been delivered to the Buyer in an incomplete state.
Third Third Shop is responsible under the warranty for defects in physical goods that existed at the time
passing of risk to the Buyer or arose from the cause residing in the Goods sold
at the same time. 4.
4) The risk of loss of or damage to the Goods shall pass on the Buyer being an Entrepreneur
Entrepreneur – at the moment of handing over the Goods to the carrier referred to in Art. III.7, and to the Buyer being a Consumer – at the moment of handing over the Goods to the carrier referred to in Art. III.8.
The Buyer being a Consumer – at the moment of delivery of the Goods by the carrier. 5.
If the sold Goods have a defect, the Consumer may make a statement of price reduction or
withdraw from the contract, unless the Shop immediately and without excessive inconvenience for the
Consumer will replace the defective Goods with Goods free from defects or remove the defect. This limitation shall not
shall not apply if the Goods have already been replaced or repaired by the Shop or the Shop has failed to
6. the Consumer may instead of the proposed replacement for the defect or removal of defects.
6th The Consumer may instead of the removal of defects proposed by the Store demand replacement of the Goods
free from defects or instead of replacement of the Goods to require removal of the defect, unless bringing the Goods
Goods to conformity with the contract in a manner selected by the Consumer is impossible or
would require excessive costs in comparison with the method proposed by the Shop. At
When assessing the excessive costs, the value of the Goods free from defects, the type and
of the defect found, as well as it is taken into account inconvenience to which the Consumer would be exposed by other means.
7. the reduced price should remain the same as the price of the defective goods.
(7) The reduced price shall be in such proportion to the price under the contract in which
value of Goods with defects remains to the value of Goods without defects.
(8) The consumer can not withdraw from the contract if the defect is insignificant.
9th If the sold Goods have a defect, the Entrepreneur may request replacement of the Goods for a defect-free one
or remove the defect. The Shop may refuse to replace the Goods with defect-free ones or to remove the defect,
if the replacement of the Goods or removal of defects is impossible or if the costs of satisfying this
obligation exceed the price of the Goods sold. In such a situation, the Store – at the choice of
Trader – shall refund the amount paid or provide the Trader with other Goods (for
the appropriate amount or refund part of the price paid).
(10) The Shop is obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without
(10) The Shop is obliged to replace the defective goods or remove the defect within a reasonable time without undue inconvenience for the Buyer.
(11) The Shop is obliged to accept from the Buyer defective Goods in the case of replacement of the Goods for free from defects
from defects or withdrawal from the contract.
12th If the Consumer has requested replacement of the Goods or removal of defects, the cost of replacement of the Goods shall be borne by the Shop.
Store. The Shop considers applications within 5 (five) Business Days from the date of receipt of defective
Goods.
V. WITHDRAWAL FROM THE AGREEMENT
(1) In accordance with the Act of 30 May 2014 on consumer rights, the Consumer may withdraw in
written withdrawal from the contract without giving any reason within 14 (fourteen) calendar days from the date of
delivery of the Goods. The Consumer may inform about the withdrawal from the contract by email, writing to
address produkt@pracowniabrokat.pl.
Second The Consumer is obliged to return goods to the Shop immediately, but no later than within
14 (fourteen) calendar days from the date of withdrawal. To meet the deadline
is sufficient to return the goods before its expiry. 3.
Third The Consumer shall bear only direct costs of returning the goods to the Shop.
(4) The right of the Consumer to withdraw from the contract shall not apply in the case:
a) in which the object of the supply is a fast deteriorating item or has a short
a) in which the object of the supply is an item that spoils quickly or has a short shelf life;
b) in which the subject matter of the supply is an item supplied in sealed packaging,
b) in which the object of the performance is a thing delivered in a sealed package which, after opening, cannot be returned for health protection or hygienic reasons
b) in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening for health protection or hygienic reasons, if the package has been opened after delivery
c) in which the subject matter of the performance are items that after delivery, due to their
c) in which the object of the service are things that after delivery, due to their nature, are inseparable from other things.
5th Shop shall refund the amount due for the returned Goods together with the costs of the cheapest usual way of delivery (the amount of 12.00 PLN).
delivery method (the amount of PLN 12.00) immediately, but no later than within 7
(seven) calendar days from the date of returning the Goods.
Reimbursement shall be made to the Consumer’s bank account from which payment was made, to
other bank account specified by the Consumer or in cash.
VI. PERSONAL DATA
First Customer’s personal data is processed by the Seller as the administrator of personal data. 2.
Second Providing personal data by the Customer is voluntary, but necessary to set up an Account,
use of certain Electronic Services, to conclude a Sales Agreement. 3.
Third Seller uses appropriate technical and organizational measures to ensure the protection
processed personal data.
4th Personal data of the Customer made available at the Online Store or obtained on the basis
Customer’s activity on the Internet, will be processed by the Seller for specific, specified
purposes. A detailed description is contained in the Privacy Policy available at the Online Store.
5th As a rule, depending on the use of specific functionalities, the Customer has
the right to lodge a complaint to the authority competent for the protection of personal data, the right to object,
right to access their personal data, to demand their rectification, erasure, restriction
processing and data portability.
6. additional explanation of personal data protection is contained in the “Privacy Policy
Privacy Policy” available in the Online Shop.
VIII. FINAL PROVISIONS
First Disputes between the Consumer and the Shop shall be resolved by the competent court in accordance
Court in accordance with the Code of Civil Procedure of 17 November 1964 (Journal of Laws. No. 43, item. 296 with
As amended).
(2) In matters not covered by the Rules and Regulations shall be governed by Polish law,
and in particular the Civil Code, the Act of 30 May 2014 on consumer rights (Dz.
U. of 2014, item 827) and the provisions of the Act of 18 July 2002 on the provision of services by electronic means
electronic services (i.e. Journal of Laws of 2013, item 1422 as amended).
(3) The Regulations are effective as of 12.08.2016.
4th In order to comply with the obligation set out in Article 21 (1) (1) of the Act of 30 May 2014
on consumer rights (Journal of Laws of 2014, item 827), printed Regulations will be delivered
Consumer together with the ordered Goods.