INTERNET STORE RULES AND REGULATIONS
- The BeArTon Internet Store [hereinafter referred to as the “Store”] engages in retail selling via the Internet at http://www.bearton.pl pursuant to the present Rules [the “Rules”].
- The Store is owned by the BeArTon Wydawnictwo Fonograficzne [Classical Record Company], with registered office in Warsaw, ul. Wiolinowa 7/37, 02-785 Warszawa, NIP/VAT No. 951-006-31-80, Tel. +48 22-252-5304, e-mail: firstname.lastname@example.org, entered in the Central Registration and Information on Business (CEIDG).
- These Rules constitute an inseparable part of the Contract of Sale concluded with the buyer [the “Customer”].
- Acceptance of these Rules by the Customer is the precondition of concluding a Contract of Sale.
- BeArTon may either bereave the Customer of the right to use the Internet Store, or limit access to the Internet Store’s resources in whole or in part, with immediate effect, in the event that the Customer has breached these Rules, in particular when the Customer:
- has declared false, inaccurate, non-current, or misleading data when registering at the Store that may breach the rights of third parties;
- has used the Internet Store to infringe personal rights of third parties, and, in particular of other customers of the Internet Store;
- has committed other acts which have been recognized by the BeArTon to be contrary to the current legal regulations and general principles of using the Internet, or undermining the reputation of BeArTon.
- The person whose rights of using the Internet Store have been revoked may not reregister without the BeArTon’s consent.
- The Customer may unregister from the Store, without giving reasons or bearing costs, by sending an e-mail to the Store at email@example.com, or writing to the Store, requesting that the Customer’s account should be deleted and giving own e-mail address used for registration in the Internet Store.
- The prices quoted by the Store are gross prices (including VAT) and they do not contain the costs of shipment.
- The products available in the Store are free of physical or legal defects.
- Orders can be placed 24 hours a day. Orders are completed from Monday to Friday, from 8.00 a.m. to 4.00 p.m. Orders can be placed in the following manners:
- by using the form available on the Store’s website,
- by e-mail sent to the address available on the Store’s website, or
- by telephone.
- For the Order to be fulfilled, the Customer shall give specific data which shall also allow for the verification of both Customer and recipient of the products. The Store shall confirm the Order acceptance by e-mail or telephone. The Store shall have the right to refuse to accept an Order, restrict the method of payment, or demand advance payment if the Order raises reasonable doubt as to accuracy or reliability of data supplied, or the method of payment.
- The data quoted next to the respective products on the Store’s website at the time of Order placement shall be binding for the Parties, including in particular the following: price, product description, product features, components included in a set, and the period and method of delivery.
- The information quoted on the Store’s website does not constitute a sales offer, in the meaning of the Polish Civil Code. When placing an Order, the Customer makes an offer to purchase specific goods.
Forms of Payment
- The Customer has a choice of the following forms of payment:
- By transfer of funds: the Store shall then reserve the product and ship it to the address given by the Customer upon receipt of payment on the Store’s bank account that is either displayed on Store’s website or given in the e-mail sent to the Customer;
- Cash on delivery (COD): the Customer shall pay for the ordered product upon delivery;
- Cash on personal collection: the Customer may pick up the ordered product from the Store’s premises (upon making phone arrangements). The Customer shall not pay any shipment costs in that case;
- Electronic payments (through the operator: dotpay.pl): payment can be made with the following cards: or by transfer of funds;
- Other options if specified on the Store’s website.
- The costs of shipment are specified in the Delivery Price List.
- Payment for the ordered products and shipment (if any) is the precondition of product delivery.
Dispatch of Products
- The Store shall ship the ordered products through Poczta Polska. The Store can also ship products abroad. Advance payment for products and shipment is the precondition of shipment.
- The term of shipment shall be prolonged by the period from Order placement to the date on which the due amount is credited on the Store’s bank account.
- The period of Order fulfilment by the Store is from one to three days. In Poland he delivery period of priority shipment through the Poczta Polska is from two to five days, abroad depends of destination country.
- A Customer’s complaint may be accepted on the basis of the Customer’s presentation of proof of product purchase (fiscal receipt or VAT invoice).
- Upon receipt of the product, the Customer shall check the contents of the parcel. In the event of any damage, the Customer shall contact the Store. Claims shall be recognized on the basis of a protocol drafted in the presence of the forwarder’s representative.
- If the product does not comply with the Contract of Sale, the Customer may send the product back to the Store, together with a description of the defects.
- The Store shall make a decision on the Customer’s complaint, within 14 working days of the time the product has been returned with a description of the defects. If the verification of defects requires an opinion of an expert or the manufacturer’s representative, the term of complaint handling shall be extended by the time of obtaining such an opinion by the Store. The Store shall be obligated to notify the Customer duly.
- If the resolution of a justified complaint involves sending a new product to the Customer or remedying defects, the costs of delivery shall be borne by the Store.
- Individual settings of the Customer’s computer and monitor, causing erroneous or distorted display of information about the products (e.g. colours), may not form the basis of a complaint.
Withdrawal from a Contract of Sale
- Pursuant to the Polish Law of the Consumer Rights of 30 May 2014, the Customer being a consumer shall have the right to withdraw from a distance Contract of Sale. Such an option is not available to the Customer being a business.
- The Customer has the right to withdraw from a Contract of Sale without giving any reasons thereof.
- The Contract of Sale termination shall become effective upon delivery of a proper declaration to the Store, exclusively in writing, within 14 days of collecting the product by the Customer. A sample declaration is included at the end of these Rules.
- The Customer shall be obligated to return the product being the object of the Contract of Sale to the Store at its cost, or hand it over to the person duly authorized by the Store to take delivery, either forthwith or not later than within 14 days from the date of the Customer’s withdrawal from the Contract of Sale. However, the Store shall not accept any shipments delivered by the COD method. The purchased product must be sent back together with all accessories, supplements, documentation etc.
- The Store shall refrain from refunding the payment unless the first of the following has been fulfilled: the product has been received by the Store or the Customer has presented a proof of return.
- The Customer shall indicate the bank account to receive refund, or otherwise refund shall be transferred to the account from which the Customer paid for the product.
- Reimbursement shall include the price paid and the costs of shipment from the Store to the Customer. However, if the Customer chooses to return the product in any other way than the cheapest and regular method of shipment offered by the Store, the Store shall not be obligated to reimburse any additional costs to the Customer.
- The costs of shipment from the Customer to the Store shall not be reimbursed.
- The Customer shall be liable for a reduction of the product’s value as a result of using the product in the way that exceeds the way necessary to recognize the nature, features and functions of the product.
- The Customer shall not enjoy the right of withdrawal from the Contract of Sale in the cases determined in the Polish Law mentioned in Section 1 above, in particular the right of withdrawal does not apply to the orders concerning audio or video recordings or computer software delivered in a sealed packaging if the packaging was opened upon delivery.
Protection of Privacy
- According to the Polish Personal Data Protection Law of 29 August 1997, the Store shall undertake to protect the Customer’s personal data.
- By placing an Order, the Customer gives the Customer’s consent to personal data processing by the Store, exclusively for the purpose of Order fulfilment.
- The Customer may also express a separate consent to receive advertising and promotional materials from the Store, including commercial brochures.
- The Customer shall have the right of perusal of the Customer’s personal data, as well as the right of revision and deletion thereof.
It is not permissible to use any materials published on the Store’s website (including photographs and descriptions of products), without a written consent of the Store.
Settlement of Disputes and Claims
- In the event of a dispute, the Customer being a consumer shall have an option to settle complaint or claim out of court. In particular, the Customer shall have the right to apply to the Regional Inspector of the State Trade Inspection with a request to commence a mediation procedure, or to apply to a permanent consumer court of arbitration, existing at the Office of the Regional Inspector of the State Trade Inspection, requesting that a dispute arising from the Contract of Sale be resolved.
- The Customer being a consumer may also obtain assistance and all relevant information free of charge from a County Consumer Ombudsman.
- We wish to inform our Customers that, according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the Customer being a consumer can use the platform of the Online Dispute Resolution (the “ODR”) system, applicable to disputes between consumers and businesses, available at http://ec.europa.eu/consumers/odr/, operating on the territory of the European Union. The ODR platform allows to obtain comprehensive services by consumers and businesses intending to settle disputes out of court. The ODR platform is an interactive website, with electronic access free of charge in all the official languages of the European Union.
- The use of complaint and claim resolution out of court is voluntary and both parties have to give their consent to the respective proceedings.
- These Rules have been effective since 31 August 2016
- The Store reserves the right to amend these Rules, and such amendments shall become effective upon publication thereof on the Store’s website. The version of the Rules that was valid at the time of Order placement by the Customer shall apply to the Contracts of Sale concluded before amendments.
- For matters not regulated in these Rules, the Polish regulations shall apply, in particular the Polish Civil Code of 23 April 1964 (published in Dz.U. 1964, No. 16, Item 93, as later amended), and, in the case of the customers being consumers, also the provisions of the Law of Consumer Rights of 30 April 2014 (Dz.U. 2014, Item 827) and the provisions of the Law of the Provision of Services by Electronic Means of 18 July 2002 (Dz.U. No. 144, Item 1204, as later amended).