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STATUTE

Before using the Birdywing online store, the Customers are required to read the Regulations.

 ONLINE STORE REGULATIONS

Birdywing

  1. General provisions
  2. Definitions
  3. Type and scope of electronic services
  4. Conditions for the provision and conclusion of contracts for the provision of electronic services
  5. Conditions for concluding sales contracts
  6. Payment methods
  7. Cost, time and methods of delivery
  8. Conditions for terminating contracts for the provision of electronic services
  9. Product Warranty
  10. Complaints procedure
  11. The right to withdraw from the contract
  12. Intellectual property
  13. Provisions relating to entrepreneurs (B2B)
  14. Final Provisions

GENERAL PROVISIONS

  1. The online store operating at the address  Birdywing is run by the company  Birdywing – MARIAN SIKORA entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, address of the place of business and address for service: ul. Fantazja 32, Gorzyce ,  NIP :  8672229368 , e-mail address: [email protected] , tel.  +48 783517443.
  2. The Birdywing store  operates on the terms set out in these Regulations.
  3. The Regulations define the types and scope of services provided electronically by the Birdywing Store , the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.
  4. Each Service Recipient, upon taking steps to use the Electronic Services of the Birdywing Store , is obliged to comply with the provisions of these Regulations.
  5. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
  6. The Birdywing store conducts retail sales of Products via the Internet in Poland and other European Union countries.
  7. The products offered in the Store are new,  free from legal defects and have been legally placed on the Polish market.
  8. In matters not covered by these Regulations, the provisions shall apply
  9. Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
  10. Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827),
  11. The Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.

DEFINITIONS

  1. WORKING DAY  – one day from Monday to Friday, excluding public holidays.
  2. REGISTRATION FORM  – a form available on the website Birdyiwing that allows you to create an Account.
  3. ORDER FORM  – a form available on the website Birdyiwing that allows placing an Order.
  4. CONSUMER  – a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
  5. CUSTOMER  – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
  6. ACCOUNT  – marked with an individual name (login) and password, a set of resources in the Service Provider’s IT system, in which the Service Recipient’s data is collected, including information about placed Orders.
  7. TERMS AND CONDITIONS  – these Store regulations.
  8. STORE  – the Service Provider’s online store operating at birdywing.com . SELLER, SERVICE PROVIDER  – Birdywing – MARIAN SIKORA , NIP PL8672229368 ul Fantazja 32, Gorzyce Poland, e-mail address: [email protected] , tel.  +48 783517443 ..  
  9. PRODUCT  – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
  10. SALE AGREEMENT  – Product Sales Agreement concluded between the Customer and the Seller via the Store.
  11. SERVICE RECIPIENT  – a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
  12. ELECTRONIC SERVICE  – a service provided electronically by the Service Provider to the Service Recipient via the Store.
  13. ORDER  – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services via the Store, such as:
  2. concluding Product Sales Agreements,
  3. keeping an Account in the Store.
  4. The provision of Electronic Services to Customers in the Store takes place under the conditions specified in the Regulations.
  5. The Service Provider has the right to post advertising content on the Store’s website. This content is an integral part of the Store and the materials presented therein.

CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Provision of Electronic Services specified in Chapter III point 1 of the Regulations by the Service Provider is  free of charge .
  2. The period for which the contract is concluded:
  3. the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
  4. the contract for the provision of Electronic Services consisting in the possibility of placing an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or the Customer ceases to submit it.
  5. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
    1. a computer with Internet access,
    2. access to e-mail,
    3. Web browser,
    4. enabling cookies and Javascript in the web browser.
  6. The Service Recipient is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
  7. The Service Recipient is obliged to enter data in accordance with the facts.
  8. The Service Recipient is prohibited from providing illegal content.

CONDITIONS FOR CONCLUDING SALES AGREEMENTS

  1. The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to buy a specific Product under the conditions specified in its description.
  2. The Product price shown on the Store’s website is includes all ingredients. The price does not include delivery costs.
  3. The Product price shown on the Store’s website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store, which may occur for individual Products after the Customer places an Order.
  4. Products in the promotion (sale) have a limited number of pieces and Orders for them will be processed in the order in which they are received until the stocks of a given Product run out.
  5. In order to place an Order, the Customer is not required to register an Account in the Store.
  6. Orders can be placed via the website using the Order Form (Store) – 24 hours a day all year round.
  7. The Store carries out Orders placed from Monday to Friday during the Store’s working hours, i.e. from 8:00 to 18:00.  Orders placed on Working Days after 4.00 pm on Saturdays, Sundays and public holidays will be processed on the next Business Day.
  8. Conclusion of the Sales Agreement.
    1. To conclude a Sales Agreement, it is necessary for the Customer to submit an Order in advance using the methods made available by the Seller.
    2. After placing the Order, the Seller immediately confirms its receipt while accepting the Order, which binds the Customer with his Order. Confirmation of receipt and acceptance of the Order for implementation takes place by sending an e-mail message, which includes:
      • confirmation of all essential elements of the Order,
      • a declaration of the right to withdraw from the contract,
      • instruction on the right to withdraw from the contract,
      • these Regulations.
    3. Upon receipt by the Customer of the e-mail referred to in point 8 lit. b) a Sales Agreement is concluded between the Customer and the Seller.
  9. Each Sales Agreement will be confirmed by a proof of purchase that will be attached to the package.

PAYMENT METHODS

  1. The seller provides the following payment methods:
  2. payment on delivery for the so-called download,
  3. payment via electronic payment services (tpay.com).
  4. In the case of payment by bank transfer, the payment should be made to the bank account number
    98 1020 4913 0000 9502 0162 3198 ( PKO BP .)  Birdywing – MARIAN SIKORA , NIP PL8672229368 ul. Fantazja 32, Gorzyce. In the title of the transfer, enter “Order No. …… ..”
  5. In the case of payment on delivery, the parcel is sent after verification of the correctness of the address data.
  6. In the case of payment via electronic payment services, the Customer makes the payment before the commencement of the Order. Electronic payment services allow you to make payments by credit card or quick transfer from selected Polish banks. The product will be shipped only after it has been paid for.
  7. The Customer is obliged to pay the price under the Sales Agreement within 3 Business Days from the date of its conclusion, unless the Sales Agreement provides otherwise.

COST, TIME AND METHODS OF DELIVERY

  1. Product delivery costs are determined during the ordering process and depend on the choice of payment method and delivery method of the purchased Product.
  2. Products purchased in the Store are shipped via a courier company ( DPD ).
  3. The Customer may pick up the Product in person at the following address: ul. Fantazja 32 Gorzyce 39-42 Gorzyce
  4. The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
  5. The time for completing the Product is from 3 to 10 Business Days.
  6. The delivery of the Product by the carrier takes place on the date declared by the carrier, i.e. from 1 to4 Business Days (delivery takes place only on Business Days, excluding Saturdays, Sundays and holidays).

CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Termination of the contract for the provision of Electronic Services:
  2. A contract for the provision of Electronic Services of a continuous and indefinite nature (Account maintenance) may be terminated.
  3. The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via e-mail to the following address: [email protected]
  4. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Regulations, in particular when he provides unlawful content after an unsuccessful prior call to cease violations with an appropriate deadline. In such a case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period).
  5. The termination leads to the termination of the legal relationship with effect for the future.
  6. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.

 

PRODUCT WARRANTY

  1. All Products offered in the Store have a manufacturer’s warranty.
  2. The warranty period for the Products is 12 months and is counted from the date of delivery of the Product to the Customer.
  3. The document entitling to warranty protection is the proof of purchase: a receipt or an invoice.
  4. Complaints about mechanical damage to parcels, arising during transport, will be considered only on the basis of the damage report drawn up on the day of receipt of the parcel. The report should be signed by the courier (supplier) and the customer “;

 COMPLAINT PROCEDURE

  1. Warranty claims:
  2. The basis and scope of the Seller’s liability towards the Customer who is a Consumer, under the warranty covering physical and legal defects, are specified in the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended)
  1. Notifications about defects regarding the Product and submitting a relevant request can be made via e-mail to the following address: [email protected]
  1. In the above e-mail message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Seller.
  2. When it is necessary for the assessment of physical defects of the Product, it should be delivered to the following address:  Ul. Fantazja 32 Gorzyce 39-432 Poland
  3. The Seller will respond to the Customer’s request immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer or in another way provided by the Customer.
  4. In the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days is tantamount to taking it into account.
    In connection with the complaint of the Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with a product free from defects.
  5. Complaints related to the provision of Electronic Services by the Service Provider:
  1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the following address: [email protected]
  1. In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.
  2. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days.
  3. The Service Provider’s response to the complaint is sent to the Customer’s e-mail address provided in the complaint or in another manner provided by the Customer.

THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. A customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate statement in writing within 14 days. To meet this deadline, it is enough to send the declaration of withdrawal from the contract provided by the Store.
  2. In the event of withdrawal from the contract, the Sales Agreement is considered void and the Consumer is released from any obligations. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within 14 days.
  3. The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  4. The Seller will refund the value of the Product along with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
  5. If the Consumer has chosen a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  6. The consumer withdrawing from the Sales Agreement, in accordance with point 1 of this chapter, bears only the costs of returning the Product to the Seller.
  7. The fourteen-day period during which the Consumer may withdraw from the contract is counted from the day on which the Consumer took possession of the Product.
  8. The right to withdraw from a distance contract is not entitled to the Consumer in the case of a Sales Agreement:
  9. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
  10. 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.
  11. The right to withdraw from the Sales Agreement is available to both the Seller and the Customer (Consumer) in the event of the other party’s failure to perform its obligations within a strictly specified period.

INTELLECTUAL PROPERTY

  1. All content posted on the website at STORE is protected by copyright and is the company – Birdywing – MARIAN SIKORA , NIP PL8672229368 ul. Fantazja 32, Gorzyce Poland. The Service Recipient bears full responsibility for the damage caused to the Service Provider, resulting from the use of any content on the website without the Service Provider’s consent.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of the website is a violation of the Service Provider’s copyright and results in civil and criminal liability.

 PROVISIONS CONCERNING ENTREPRENEURS (B2B)

  1. This chapter contains provisions that apply only to  Customers who are not Consumers.
  2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 Business Days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
  3. The Seller has the right to limit the payment methods made available by him in relation to the Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
  4. The benefits and burdens related to the Product as well as the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer when the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer, as well as for delay in transporting the shipment.
  5. In the case of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the parcel in time and in the manner adopted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier’s liability.
  6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.

 FINAL PROVISIONS

  1. Agreements concluded through the Store are concluded in accordance with Polish law.
  2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
  3. Any disputes arising from the Sales Agreements between the Store and Consumers will be resolved first by negotiation, with the intention of amicable settlement of the dispute. However, if this would not be possible or would be unsatisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 4 of this chapter.
  4. Court settlement of disputes:
  5. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
  6. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer shall be submitted to the court having jurisdiction over the Service Provider’s seat.
  7. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting, after the end of the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov. pl / download.php? file = 6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The consumer may also use the free help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.
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