Terms of service
Regulations
§ 1. General provisions
These regulations, hereinafter referred to as the "Regulations", define the rules of using the online store located at the URL http://www.bohemaclothing.com, hereinafter referred to as the "Store".
The store is run by Halina Szypuła SARA Footwear Production with its seat in Kolbuszowa, Tarnobrzeska 14 street, 36-100 Kolbuszowa, POLAND. VAT TAX: 8141065135, hereinafter referred to as the "Administrator".
Store address and contact details: internet address - www.bohemaclothing.com,
Each person should read the Regulations before using the Store.
Making purchases in the Store requires the Customer to have an active and functional e-mail account.
§ 2. Types and scope of the Store's activity
Through the Store, the range of clothing and accessories is sold remotely via the Internet.
The offered items are new, manufactured in Poland.
§ 3. Privacy policy
By completing the purchase form and checking the box next to the relevant statement, the customer agrees to the collection and processing of his personal data in accordance with the Personal Data Protection Act of August 29, 1997 (Journal of Laws of 2002, No. 101, item 926 with d.) by the Administrator for the purposes necessary to implement the provisions of these Regulations and the services provided on its basis.
The Personal Data Administrator is Shopify Inc. based in Ottawa Legal Department 151 O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8 The Data Administrator entrusted the processing of personal data to Sebastian Szypuła, Wiola Wiertel and Klaudia Dec contact details: e-mail - store@bohemaclothing.com (matters regarding the BOHEMA brand )
Only personal data provided by the customer voluntarily is collected. The data is processed for the purpose necessary to implement the provisions of these Regulations, and in particular for the purpose of:
a) concluding a sales contract for the ordered goods,
b) delivery to the Customer of the goods for which the Customer placed the order,
c) issuing a document confirming the sale of goods,
d) posting transactions in the Store's IT accounting system for the period required by law and storing personal data in the IT accounting system to ensure the history of commercial transactions made by the Store,
e) storing the Customer's personal data in the Customer database.
With additional consent granted by the Customer, the collected personal data may also be used for promotional and marketing purposes, in particular to present the Customer's commercial offer and other marketing information related to the Store.
If you subscribe to the newsletter and agree to receive it in the registration or ordering process (consent to receive commercial information by e-mail), it is only necessary to provide an e-mail address to which commercial information from the Administrator will be sent. The Customer may resign from sending such information at any time by logging into his account in the Store or by clicking the unsubscribe link in the footer of each newsletter.
The data provided when placing the order are also processed by the following entities in the given scope: name and surname, address, telephone number, e-mail address indicated as the delivery address are provided to shipping companies in the form of a label / consignment note which is also an order for delivery. Depending on the selected type of shipment, the following are transferred:
a) Fedex Kurier
b) UPS Courier
The customer has the right to access their personal data at any time and the right to correct them and request their removal;
The Administrator informs that the Customer is not obliged to provide his personal data, however, refusal to provide them will prevent the proper performance of the services specified in the Regulations and the services resulting from the contract concluded between the Store and the Customer.
The collected data is carefully protected in accordance with applicable regulations. The administrator makes every effort to ensure the appropriate level of security for the stored data.
Cookies are used in the Store. When the Customer visits the Store's website, the Store's system sends at least one Cookie file to the Customer's computer in order to uniquely identify the browser. The store server automatically records the information sent by the Customer's browser while displaying the websites. The server logs may contain information such as network request, IP address, browser type and language, date and time of the request. This information allows us to improve the quality of our services by identifying and storing customer preferences and tracking trends, such as the ways in which our website is searched. The customer may prohibit the receipt of cookies, which will remain anonymous, but without allowing the registration of cookies, the store will not be able to identify the customer or his preferences. Detailed information on Cookies is included in the Cookies Policy available in the Cookies tab.
The Store informs customers that the services offered through the Store are provided via the public Internet network. In connection with the above, the Store draws the attention of Customers to the fact that the use of the Store's services may involve the risk of interference by third parties in the transmission of data sent via the Internet between the Store and the Customer.
Information on the principles and methods of recording, securing and sharing by the Store to the other party of the content of the concluded contract:
a) The content of the concluded contract is recorded, secured and made available by sending an appropriate e-mail after the conclusion of the Sales Agreement.
b) The content of the concluded Sales Agreement is consolidated, secured and made available by sending the content of the concluded contract to the e-mail address provided to the Customer or by providing the Customer with the specification of the Order and proof of purchase.
c) The content of the concluded contract is additionally recorded and secured in the Service Provider's IT system and made available at each Customer's request.
§ 4. Technical requirements
For the proper and uninterrupted use of the Store, the Customer's station / terminal device should meet the following minimum technical requirements:
a) an active internet connection with a bandwidth of at least 1 Mb / s,
b) a web browser version at least Internet Explorer 11, Chrome 43, FireFox 38, Opera 29, Safari 8, iOS Safari 8.3, Android Browser 4.4, Chrome for Android 42 ,
c) enabled acceptance of cookies and Java scripts,
The store is not obliged to provide the above devices and / or software.
The installation of the software referred to in paragraphs 1 and 2 is the subject of a separate license agreement between the Customer and the licensor.
The website of the store is adjusted to the horizontal screen resolution of 1280 pixels.
§ 5. Purchasing rules
The information provided on the Store's websites, including information about the presented products, and in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.
The store, before confirming the purchase, provides the customer with the following information:
a) accurate description of a given product and its features;
b) the total price of the ordered products including taxes, as well as the fee for transport, delivery or postal services, and summarizing the total amount of the order with the selected delivery option
c) regarding the method and date of payment;
d) regarding the method and date of performance by the entrepreneur.
The purchase of the Product requires registration in the Store
Placing an order is done using the form available on the store's website at the link / available after pressing the button - "I order with payment obligation" under / next to the description of the product, or in the summary of the list / shopping basket, in which the customer provides the following data:
a) Name and surname or company name
b) Email address
c) Telephone number
d) Address details for shipping
The customer places an order after reading the information specified in the Regulations of the store and the information referred to in paragraph 2, which will be displayed in electronic form in the last stage of completing the electronic form, preceding the expression of the will to be bound by the contract by clicking the "Order with payment obligation" button. After reading the collected information specified for a given Customer order, the Customer expresses the will to be bound by the contract by pressing the "Order with payment obligation" button
The order is considered accepted for execution after the Store confirms acceptance of the order placed by the Customer:
a) confirmation of the order is sent automatically after placing the order by the Customer;
b) The Store may suspend the acceptance of the order in the event of doubts as to the truthfulness or reliability of the data provided by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
c) In the event of unavailability of some of the products covered by the order, the Customer is immediately informed about it. The customer decides whether the order is to be partially or completely canceled.
The Customer and the Store are bound by the Product price in force at the time the order is placed.
The following payment methods are honored in the Store:
a) ordinary transfer,
b) electronic payment system.
The contract is considered concluded at the moment of confirmation of the order in the case of selecting the payment on delivery or when the payment is made by the Customer, after receiving the confirmation of the order.
The ordered goods are shipped within 9 business days:
a) from entering the amount due for the product in the case of selecting payment in advance,
Shipments are sent via FEDEX or UPS. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer - depending on the destination place of delivery.
In the case of ordering several pieces of goods, the goods are generally packed collectively in one shipment, unless, when choosing the delivery method, the Customer indicates a different method of packaging and selects separate delivery options for each product.
If the goods are to be sent by the Store to the Customer who is a consumer, the risk of accidental loss or damage to the item (goods) passes to the Customer upon its delivery to the Customer. The delivery of the item (goods) is considered to be entrusted by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
On the day of dispatch of the Product, a VAT invoice confirming the purchase is sent by e-mail. The customer is obliged to provide full data necessary for the correct issuance of a VAT invoice:
a) Name and surname / company,
b) Address of residence / seat,
c) Order number,
Each customer who registers and / or places an order agrees to receive information related to the course of the transaction, notifications about changes in these Regulations to the e-mail address provided by him.
Other information regarding the operation of the Website, as well as containing commercial information about new products or services of the Website, about promotions of the Website and the Administrator's partners promoting products, will be sent only to those Customers who have consented to it.
§ 6. Complaints
In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of May 30, 2014 on consumer rights ( Journal of Laws of 2014, item 827 of June 24, 2014).
The Store is liable to the Customer under the warranty if the item sold (goods) has a physical or legal defect. A physical defect consists in the non-compliance of the sold item (goods) with the contract. In particular, the item sold (goods) is inconsistent with the contract if:
a) does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination;
b) does not have properties that the Store has provided to the Customer, including presenting a sample or pattern;
c) it is not suitable for the purpose of which the Customer informed the Store at the conclusion of the contract, and the Store did not raise any objections to such purpose;
d) was delivered to the Client incomplete.
Complaints regarding the ordered goods may be submitted by e-mail to the address store@bohemaclothing.com or by registered mail to the address: ul. Tarnobrzeska 14 36-100 Kolbuszowa. To facilitate the submission of a complaint, an example complaint form has been provided at this URL. The use of this form is optional.
When submitting a complaint, please provide the following data: Customer's name and surname, address, data enabling the identification of the sale (e.g. login, order number, transaction date), subject and reason for the complaint, contact details.
When specifying the manner of fulfilling the Store's obligations in the scope of the reported complaint regarding the occurrence of physical or legal defects of the goods, the Customer who is a consumer has the right to submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience to the Customer replaces the defective item with free from defects or the defect will be removed. This limitation does not apply if the item has already been replaced or repaired by the seller (Store) or the Store has not satisfied the obligation to replace the item with a non-defective one or remove the defect.
If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with a non-defective 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 a manner chosen by the Customer or would require excessive costs compared to the manner of proposed by the Store. 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 Customer would otherwise be exposed.
The reduced price should remain in such proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect.
The customer cannot withdraw from the contract if the defect is irrelevant.
Complaints submitted by the customer will be considered within 14 working days from the date of their submission. Failure to make a statement within this period shall be deemed recognition of the claims made by the Customer.
The customer will be notified of the resolution of the complaint by the same way as the complaint was sent, unless the customer reserves a different form of contact. The settlement of the complaint will be additionally sent by e-mail to the e-mail address provided by the Customer.
In the event of a positive settlement of the complaint, the Store sends to the Customer the Goods free from defects or with the defect removed within a reasonable time. If the repair or replacement of a given product with a new one is not possible for the reasons specified in sec. 5 and 6, the Store according to the alternative request submitted by the Customer - will reduce the price or return the equivalent of the product price, plus shipping costs.
§ 7. Withdrawal from the contract
Pursuant to the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827), the Customer who is a consumer has the right to withdraw from the contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment in which the Customer came into possession of the goods or in which a third party other than the carrier indicated by the Customer came into possession of the goods. To meet the fourteen-day period referred to in paragraph 1, it is sufficient to send a declaration of withdrawal before its expiry. The statement can be submitted on the form, the specimen of which has been included in the Return policy, and will be sent by the store by e-mail after the product has been shipped. The use of this form is optional.
Pursuant to Art. 38 of the Act on consumer rights, the right to withdraw from a distance contract, in accordance with the Act, is not available to the consumer in the following cases:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
c) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
d) in which the subject of the service is an item that deteriorates quickly or has a short use-by date;
e) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
f) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
g) in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
h) in which the consumer has expressly demanded that the entrepreneur come to him to perform urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items;
i) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
j) concluded through a public auction;
k) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
l) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
In the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: The correct address can be found in the "Returns and exchanges" tab or hand it over to a person authorized by the Store for collection immediately, but not later than 14 days from the date on which he withdrew from of the contract, unless the Store has offered to pick up the goods itself. The returned goods should be packed in a way that prevents their damage during transport.
If the Customer uses the right referred to in paragraph 1, the direct costs of returning the goods are covered by the customer.
In the event of withdrawal from this contract, the Customer shall be reimbursed all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered as part of the delivery of goods available in the Store), immediately , and in any case no later than 14 days from the date on which the Store was informed about the Customer's decision to exercise the right to withdraw from the contract with the Store.
The reimbursement is made by the Store using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
The Store may withhold the reimbursement until receipt of the returned Goods (items) or until proof of sending back the goods in connection with the withdrawal, depending on which event occurs first.
If the Customer who is a consumer has chosen a method of delivery of the item (goods) other than the cheapest standard delivery method offered by the entrepreneur (applies to the method of original delivery to the Customer), the entrepreneur is not obliged to refund the additional costs incurred by the Customer.
§ 8. Final provisions and description of the possibility of using out-of-court complaint and redress procedures
The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 of June 24, 2014) and the Act of April 23, 1964 r. - Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
Information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodeship Inspectorates of the Trade Inspection and at the following internet 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;
- http://www.uokik.gov.pl/wazne_adresy.php;
The customer who is a consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:
- Permanent consumer arbitration court operating at the Trade Inspection - the possibility of requesting the resolution of a dispute arising from the concluded Sales Agreement;
- provincial inspector of the Trade Inspection, the possibility of requesting the initiation of mediation proceedings regarding an amicable settlement until the end of the dispute between the customer and the store;
- a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the e-mail address porady@dlakonsumentow.pl