Regulations of the Balotade Online Store

1 Subject of regulation and sale rules

These regulations define the rules of using the Balotade Online Store, operating at www.balotade.com, placing orders for Goods available in this store, delivering the ordered Goods to the Buyer, paying the Buyer’s prices for the purchased Goods and the Buyer’s rights related to the sales contract, including sales. distance.
The Balotade online store sells via the Internet (distance contract).
To place an order, it is necessary for the Buyer to read these regulations and confirm this fact. By submitting the Order, the Buyer confirms the acceptance of these Regulations.

2 Definitions

All capitalized terms have the meaning given below:

Order fulfillment time – the time in which the Store will complete the order and deliver it to the carrier carrying out the form of delivery chosen by the Buyer

Working days – days of the week from Monday to Friday, excluding public holidays

Sales document – a document confirming the sale in the form of a VAT invoice or receipt, selected by the Buyer at the stage of placing the Order and delivered to the Buyer –
in the case of a receipt – in paper form together with the shipment containing the ordered Goods, and in the case of an invoice – in electronic form, to the e-mail address provided by the Buyer

Delivery method – the method of delivery of the ordered Goods, chosen by the Buyer when placing the Order

Form of payment – the method of paying the price for the ordered Goods, chosen by the Buyer when placing the Order

Order form – a questionnaire available on the Seller’s website, by means of which the Buyer orders the Goods

Consumer – a Buyer who is a natural person, who places an order, purchases or otherwise uses the Store for purposes not directly related to his business or professional activity

Buyer – a natural person with full or limited legal capacity, a legal person or an organizational unit without legal personality, which uses the Store on the terms set out in these Regulations

Store – website available at www.balotadde.com, run by the Seller, through which the Buyer can order and purchase Goods

Seller – Gracja Sobótka running a business under the name Firma Handlowo-Usługowa Gracja Sobótka with its registered office in Wysiedle, address: 73-150 Łobez, Wysiedle 20a, NIP: 674-100-01-95 REGON: 812544941

Goods – movable items presented in the Store that may be the subject of a sales contract

Sales contract – a contract for the sale of the Goods, concluded between the Seller and the Buyer via the Store and documented by the Sales Document

Order – an offer to conclude a sales contract with the Seller submitted by the Buyer via the Store

3. Placing orders

To place an Order and conclude a contract, the Buyer must have an e-mail box and a web browser.
The Goods are ordered by selecting the Goods in the Store, taking further technical steps based on the displayed messages, including adding Goods to the basket. The Buyer may at any time view the contents of the basket, add or remove Goods.
During the ordering process, the Buyer is obliged to provide the shipping address of the Goods, e-mail address, telephone number, choose the method of payment and may also submit a request for a VAT invoice for the receipt.
The Buyer may register in the Store. Registration allows the Customer’s personal data and the history of his Orders to be saved in the Store’s database, and also allows access to Orders.
During registration, the Buyer is obliged to provide a unique and known password. The process of registration and placing orders is encrypted with an appropriate protocol.
The buyer is responsible for not disclosing his password to third parties and is responsible for making it available.
After placing the order, the Seller sends to the e-mail address provided by the Buyer (in the order form) confirmation of order acceptance, including all essential elements of the order, such as the order number, the total price of the order (with the prices of individual items and delivery prices), delivery time order, form and approximate delivery date.
The parties to the contract are concluded when the Buyer receives the confirmation of the order by the Seller. The condition for the acceptance and implementation of the order by the Seller is the correct and complete (to the extent necessary) filling in the order form by the Buyer.
The order will not be accepted by the Seller if the Buyer provides incomplete data in the order form, preventing the Buyer’s verification and proper delivery of the Goods. If it is not possible to contact the Buyer due to providing an incorrect address or telephone number, the order will be canceled.

4. Prices and Payment

The prices of all goods presented in the Store are gross prices (including VAT), expressed in Polish zlotys (PLN). The price of a given item is binding on the parties to the transaction, as shown on the Seller’s website
at the time of placing the order by the Buyer. The price of the goods does not include the costs of its delivery, but the information about the cost of delivery of the goods is provided when placing the order.
The cost of shipping the Goods is covered by the Buyer.
The buyer has the right to choose the method of delivery and payment. The Buyer selects the payment method in the order form.
The seller offers the following payment methods:
online payment in the Tpay / PayPal / Blik system when placing the order, i.e. during the process of ordering the Goods, the Buyer pays for the Goods,
and the order is processed on condition that the Seller obtains a positive authorization from the electronic payment operator and the Buyer’s bank;
payment by bank transfer to the Seller’s bank account, the order will be processed after the funds are credited to the Seller’s bank account: Firma Handlowo-Usługowa Gracja Sobótka, account number: 11 1050 1520 1000 0097 1276 0009,
in cash upon personal collection at the store at Kościelna 6c, 73-150 Łobez.
The cost, date and method of delivery of the Goods result from the form of delivery selected by the Buyer in the order.

5. Delivery of goods
1. Deliveries of goods ordered in the Store are carried out on the territory of the Republic of Poland and abroad.
2. The Seller, within 2 days (counted only on Business Days) from the date of obtaining a positive authorization from the electronic payment operator and the Buyer’s bank, or from the date of receipt of the full amount due to the Seller’s bank account, sends the ordered Goods to the address indicated by the Buyer together with the Sales Document .
3. The date of shipment of the Goods may be extended if the Seller has agreed a vacation that covers this time or if the Seller indicated in the description of the Goods that the shipment date will be longer.
4. The ordered goods are delivered to the address indicated in the order form.
5. The Buyer is informed about the status of the order via e-mail.
6. The receipt of the Goods must be confirmed by a written receipt. Upon receipt of the Goods, the Buyer shall be entitled to the ownership of the Goods and all risks related to the possession and use of the Goods, in particular the risk of loss, destruction or damage to the Goods.
7. When collecting the goods, the Buyer is obliged to check whether the shipment is damaged during transport and is in accordance with the Order.

6. Complaints

All Goods in the Store are new, unless the Seller has indicated otherwise
in the description of the Goods.
For physical or legal defects of things, the Seller is liable to the Buyer who is a Consumer – on the terms set out in art. 556 and following of the Civil Code (warranty).
If the item sold has a defect, the buyer may submit a declaration of price reduction or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not satisfied the obligation to replace the item with a non-defective one or to remove the defect. The Buyer may not withdraw from the Agreement if the defect is irrelevant.
If the buyer is a Consumer, he may, instead of the removal of the defect proposed by the seller, demand that the item be replaced with a defect-free one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the buyer or would require excessive costs compared to the manner proposed by the seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would otherwise be exposed.
The claim of the Buyer who is a consumer for the removal of the defect or the replacement of the item sold for one free from defects expires after one year from the date of finding the defect. The limitation period may not, however, end before the expiry of two years from the date of delivery of the goods to the Buyer.
The Buyer who is a Consumer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller’s expense to the address Kościelna 6c, 73-150 Łobez.
The returned Goods must be accompanied by a Sales Document and a completed complaint form, which is available for download in the Complaints tab. In the form, specify which option the Customer is interested in: repairing the Product, replacing the Product, refunding or reducing the price.

7. Withdrawal from the contract
1. Based on Article. 27 of the Act of 30/05/2014. on consumer rights (Journal of Laws 2020.287, i.e.), the Buyer who is a consumer who concluded a distance contract may withdraw from it without giving a reason and without incurring costs (subject to paragraph ) days from the date of delivery of the Goods. To meet this deadline, it is enough to send the Goods and the statement together with the Sales Document before its expiry to the address Kościelna 6c, 73-150 Łobez.
2. COD shipments will not be accepted.
3. The declaration of withdrawal from the contract may be submitted on the form available for download in the “Complaints and Returns” tab. The declaration of withdrawal from the contract may also be submitted in a different form – pursuant to the provisions of the Act on consumer rights.
4. In the event of withdrawal from the contract, the contract is considered void and the Seller will return the payments made by him to the Buyer, at the latest within 14 days from the date of receipt of the statement.
5. The Buyer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller for collection immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the entrepreneur offered to pick up the goods himself. To meet the deadline, it is enough to return the items before its expiry. The buyer who is a consumer bears only the direct costs of returning the item.
6. The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer who is a Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
7. The returned Goods should be sent back unchanged, with no signs of use to the extent that goes beyond what is necessary to establish its nature, characteristics and functioning (trying on).

8. Personal data protection

The administrator of personal data is the Seller.
By placing an order in the Store, the Buyer agrees to the processing of his personal data for the purpose of implementing the sales contract. Providing personal data by the Buyer, to the extent necessary to perform the sales contract and its proper documentation, is obligatory.
Detailed information on the processing of personal data and the use of cookies is included in the Privacy Policy posted in the Store.

9. Final Provisions
1. The photos and descriptions used to present the Goods as well as the name, Internet domain, logos and other intellectual property rights belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations or with the consent of the Seller.
2. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply.
3. The Regulations do not exclude or limit any rights of the Buyer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, these provisions shall prevail.
4. Settlement of any disputes arising between the Seller and the Buyer, who is a consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure. The consumer may also use the ODR platform, which is available at https://ec.europa.eu/consumers/odr . The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.
5. The Regulations may be recorded, acquired and reproduced by printing them or saving them on an appropriate data carrier.
6. The Regulations enter into force on 01/01/2020.

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