Terms and conditions of use

§ 1 Preliminary provisions

The online store BIMARCO.COM, available at the website address www.bimarco.com, operated by the company Bimarco s.c. Michał Chodań Marek Ćwierz, with its registered office at Przemysłowa 4, 32-400 Myślenice, Tax Identification Number (NIP) PL9930697690, and National Business Registry Number (REGON) 526477427, registered in the Central Register and Information on Economic Activity (CEIDG).

§ 2 Definitions

Consumer - a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
Seller - The Seller is the partnership Bimarco s.c. Michał Chodań Marek Ćwierz, with its registered office at Myślenice, Przemysłowa 4, 32-400 Myślenice, Tax Identification Number (NIP) PL9930697690, and National Business Registry Number (REGON) 526477427, which operates the online store BIMARCO.COM, available at the website address www.bimarco.com. This partnership is registered in the Central Register and Information on Economic Activity (CEIDG).
Customer - any entity making purchases through the Store.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
Store - the online store operated by the Seller at the Internet address https://bimarco.com/
Contract concluded at a distance - a contract concluded with a Customer within an organized system of concluding contracts at a distance (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 conclusion of the contract.
Regulations - these rules and regulations of the Store.
Order - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
Account - a customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him/her in the Store.
Registration form - a form available in the Store that allows you to create an Account.
Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Shopping Cart - an element of the Store's software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
Product - a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
. Sales Contract - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. By Sales Agreement is also understood - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.

§ 3 Contact with the Store

Seller's address: małopolskie province, Tarnów county, Skrzyszów municipality, places. Ładna, Ładna , nr. 5B, 33-156
Seller's e-mail address: [email protected]
Seller's phone number: +48667064367
Seller's bank account number
PL56249000050000453000112661 PLN
PL42249000050000460000077852 EUR
Alior Bank S.A SWIFT / BIC ALBPPLPWXXX
The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
The customer can communicate with the Seller by phone during the hours: 8:00 - 18:00

§ 4 Technical requirements

In order to use the Store, including browsing the Store's assortment and placing orders for Products, it is necessary:

A terminal device with access to the Internet and a web browser.
active electronic mail (e-mail) account,
cookies enabled,

§ 5 General information

To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to allow the Order to be processed without creating an Account.
Prices quoted in the Store are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
In the case of a Contract covering subscriptions or services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (final) price, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
The Seller reserves the right to use photographs of personalized products in their portfolio, including on the store's website and social media channels, without the need to obtain additional consent from the Client. Such use is intended solely for the presentation of examples of products offered by the Seller and will not lead to the violation of the Client's privacy.

§ 6 Creating an Account in the Store

In order to create an Account in the Store, it is necessary to complete the Registration Form. It is necessary to provide the data required in the form, establish a password and accept the provisions of the Rules and Regulations and agree to the processing of personal data in accordance with Article 13(1) and (2) of the General Data Protection Regulation of April 27, 2016.
Creating an Account in the Store is free of charge.
Logging into the Account is done by entering the login and password established in the Registration Form.
The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.

§ 7 Rules for placing an Order

In order to place an Order, you must:

log in to the Store (optional) ;
Select the Product that is the subject of the Order, and then click the "To Cart" button (or equivalent) ;
Log in or use the option to place an Order without registration;
if you have chosen the option of placing an Order without registration - fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
click the "Order and pay"/click the "Order and pay" button and confirm the order by clicking on the link sent in the email,
select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8.3.

§ 8 Delivery and payment methods offered

The customer can use the following methods of delivery or pickup of the ordered Product:
1. Courier delivery, cash on delivery,
2. Personal collection available at the address: Ladysmith 5B, 33-156
The customer can use the following payment methods:
1. Payment on delivery
2. Cash on delivery
3. Payment by bank transfer to the Seller's account
4. Electronic payments
5. Payment by credit card.
Detailed information on delivery methods and acceptable payment methods can be found on the Store's pages.

§ 9 Performance of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
If the customer chooses:
1. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 1 calendar day from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
2. payment on delivery, the customer is obliged to make payment on delivery.
3. payment in cash upon personal collection of the consignment, the customer is obliged to make payment upon collection of the consignment
If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
A In case of ordering Products with different delivery dates, the delivery date is the longest date given. In case of ordering Products with different delivery dates, the Customer has the option to request delivery of the Products in parts, or delivery of all Products after the entire order is completed.
The beginning of the period for delivery of the Product to the Customer is calculated as follows:
1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
2. If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement,
3. If the Customer chooses to pick up the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order.
In case of ordering Products with different readiness dates, the readiness date shall be the longest date given.
The beginning of the period when the Product is ready for collection by the Customer is calculated as follows:
1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
2. If the Customer chooses cash on delivery in person - from the date of conclusion of the Sales Agreement.
Delivery of the Product takes place within the European Union and outside the EU
Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store under the "Delivery Costs" tab and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.

§ 10 Right of withdrawal

The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the term indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the term indicated in paragraph 1 shall run from taking possession of the first item.
The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.
The statement can be sent by traditional mail, fax or electronically by sending the statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement can also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and Appendix to the Act of May 30, 2014 on Consumer Rights, but this is not mandatory.
If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
Effects of withdrawal from the Agreement:
1. In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
2. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
3. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
4. The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
5. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
6. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
7. The consumer shall be liable only for the diminution in value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
The right to withdraw from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:
1. in which the subject of the performance is a non-refabricated thing, produced according to the Consumer's specifications or serving to meet his individualized needs, 1. a. in particular, a personalized product by applying logos or other markings according to the Consumer's guidelines. In the case of Personalized Products, due to their individual nature, it is not possible to return them after purchase, unless the Product is defective or inconsistent with the contract.
2. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
3. in which the object of performance is an item that is perishable or has a short shelf life,
4. for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement,
5. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the Contract,
6. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things,
7. in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
8. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
9. for the provision of daily newspapers, periodicals or magazines, except for a subscription contract,
10. for the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract,

§ 11 Complaint and warranty

The Sales Contract covers new Products and comes with a 2-year manufacturer's warranty.
The seller is obliged to provide the customer with an item free of defects.
If there is a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
Complaints should be submitted in writing or electronically to the Seller's addresses given in these Regulations.
It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the customer making the complaint, and the customer's request in connection with the defect of the goods.
The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer's request was considered justified.
Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
If a warranty has been issued for the Product, the information about it, as well as its content, will be included next to the description of the Product in the Store. The Seller will also attach the warranty card to the sold Product.

§ 12 Out-of-court ways of dealing with complaints and claims

Detailed information on the consumer's ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php,
http://www.uokik.gov.pl/sprawy_indywidualne.php and
http://www.uokik.gov.pl/wazne_adresy.php.

The consumer has the following examples of out-of-court means of complaint handling and redress:

1. The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.

2. The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

3. A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

§ 13 Personal Data in the Online Store

The administrator of Customers' personal data collected through the Online Store is the Seller.
Customers' personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
Recipients of personal data of Customers of the Online Store may be:
1. In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
2. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
The customer has the right to access and correct the content of his data.
Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.

§ 14 Final provisions

Contracts concluded through the Online Store are concluded in the Polish language.
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legislation, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.