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Store regulations

  1. BORETTI Sp. z o. o. with its registered office in Kraków, ul. Kapelanka 12, 30-347 Kraków, KRS: 0000923038, NIP: 6793223671, REGON: 389990700, (hereinafter: "Store"), is the owner of the online store, available at the URL: https://boretti.pl/ (hereinafter: "Website") constituting an IT system within the meaning of the Act on the provision of electronic services of July 18, 2002, ensuring the processing and storage, as well as sending and receiving of data via telecommunications networks. The Store conducts mail order sales of furniture manufactured in accordance with the Customer's individual order (hereinafter: "Goods").

  2. Natural persons, including sole proprietorships, making purchases via the Website (hereinafter referred to as "Purchasers") declare that they are of legal age and have full legal capacity necessary to conclude a sales contract via the Website.

  3. The party selling Goods via the Online Store is the Store.

  4. These regulations (hereinafter: "Regulations") define the rules for purchasing Goods and placing orders via the Website, the rules for accepting and implementing (delivery) of the ordered Goods and the related costs, regulations related to the return of the Goods and the rights and obligations of the parties to the concluded sales contract, including rights and obligations arising from any non-compliance of the Goods with the contract.

§ 1. Parties to the transaction

§ 2. Subject of the transaction

  1. The subject of sales contracts concluded by placing an order via the Website are the Goods indicated in the Store's commercial offer, appearing on the Website at the time of placing the order, provided that they are available at the time the order is accepted by the Store. Descriptions of the Goods together with prices constitute an invitation to conclude a contract and cannot be construed as an offer within the meaning of the provisions of the Civil Code. By placing an order, the Buyer also submits an offer to purchase the indicated Goods at the price and with the characteristics specified in the description of the Goods on the Website.

  2. Current information on the availability and stock status of specific Goods, as well as their prices, are made available to the Buyer at the latest when expressing the will to be bound by the contract. The prices posted on the Website are not fixed and may be subject to change according to the Store's decision, which the Store will inform about when posting a new price.

  3. The prices of all Goods available on the Website are expressed in Polish zlotys.

  4. The Store reserves the right to change the prices of Goods, organize and cancel promotional campaigns and sales on the Website. The above right of the Store will not affect the rights of Buyers, including the terms and conditions of orders placed before the date of entry into force of such changes.

§ 3. Placing orders

  1. When placing an order on the Website, the Buyer should select the type and quantity of the Goods, the form of payment and the date and time of delivery, as well as indicate the place of delivery of the Goods.

  2. An order for some or all Goods may be subject to a quantity limit or a weight limit for Goods in one order. In the event, as described in the sentence above, when completing the order on the Website, the number of selected Goods or their weight exceeds the permissible limit, the Buyer will be informed about this, at the latest when the order is confirmed by the Store. In such a case, the Buyer may cancel the order or part of it, while enabling the Store to complete a partial order not exceeding the indicated limit.

  3. The sales contract is concluded when the Store confirms acceptance of the order for execution, in the manner described in detail in § 5 of these Regulations.

  4. The Seller sends an order confirmation to the e-mail address and/or telephone number provided by the Buyer.

  5. If Goods are available on the Website, the price of which depends on their weight, the price of these Goods is determined as the price for a given weight unit. In such a case, the price that the Buyer should pay for the ordered Goods depends on the actual weight of the ordered Goods.

§ 4. Method of contact with the Buyer

  1. At the latest when providing his/her personal data when placing an order or in order to obtain information on the availability or characteristics of the Goods included in the Store's commercial offer, the Buyer provides his/her e-mail address in order to enable the Store to fulfill the information obligation arising from the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as "GDPR"), as well as your phone number. The Store contacts the Buyer in connection with the concluded contract or in connection with the inquiry sent via the e-mail address and/or telephone number provided by the Buyer.

§ 5. Confirmation of orders

  1. Each order placed by the Buyer in the Store must be confirmed by the Store within 24 hours of receiving the order. Confirmation of the order by the Store is tantamount to concluding a sales contract between the Buyer and the Store.

  2. An order not confirmed by the Store may be canceled by the Store if it is impossible to confirm the execution due to the Buyer's failure to provide the necessary contact details or address for delivery of the ordered Goods, the lack of availability of the Goods selected by the Buyer or the Buyer's failure to respond to the Store's questions regarding the order placed, necessary for its implementation (important reason), in particular issues related to the order limit referred to in § 3 section 2 of the Regulations. Cancellation of the order in the form of a message will be sent by email within 7 business days from the date of placing the order, indicating important reasons for canceling the order.

  3. No sales contract or any other civil law contract is concluded between the parties until the receipt of the Buyer's order and its confirmation by the Store are confirmed.

  4. Subject to point 2 above, upon confirmation of acceptance of the order, a contract for the sale of goods is concluded between the Buyer and the Store, however, the Store may withdraw from the contract after the ineffective expiry of an additional 14-day period set for the Buyer who is a consumer, as a result of the latter committing delay in fulfilling the obligation due to failure to pay the remuneration due. In the event of unavailability of the Goods purchased by the Buyer, the Store will immediately inform the Buyer about the circumstances, leaving him a choice between demanding the execution of the sales contract taking into account the delay or withdrawing from the contract and recovering the paid amount.

§ 6. Forms of payment

  1. Payment for the ordered Goods may be made in the manner indicated on the Website, within 24 hours of placing the order:

    1. by traditional transfer before delivery of the Goods

    2. by credit or payment card (Visa, Mastercard) - online transaction through the card authorization center indicated on the Website or other payment method indicated during the order fulfillment.

  2. To make payments in this form, the Store may use external payment service providers (Przelewy24 or others). Consequently, in order to make a payment, the Buyer may be redirected to the website of a specific payment service provider. Before making the payment, the Buyer declares that he or she has read the regulations for the provision of services by the payment provider and the content of the consents requested by him.

  3. The commissions of external service providers for the Buyer's use of selected payment methods are covered by the Store. This does not apply to fees and commissions that may be charged by a specific bank through which the Buyer purchases the Goods on the Website.

  4. Payment information is sent to the Buyer by email when placing the order, to the email address provided by the Buyer.

  5. The order processing begins immediately after the payment is credited to the Store's account.

  6. Immediately before placing the order, the Store will provide the Buyer with information about the total price of the Goods and any fees, if any, that are to be incurred by the Buyer and are not covered by the price of the Goods.

§ 7. Completion date

  1. The processing time is the time counted from the confirmation of the order by the Store (but not earlier than from the date of receipt of full payment for the ordered Goods) until the order is sent to the Buyer, and only business days are taken into account when calculating the order processing time.

  2. If an order is placed that includes unavailable Goods, the Store will inform the Buyer about it, in accordance with the provisions of the Regulations. In such a case, the order processing time is suspended until the Buyer decides to wait for the availability of the missing Goods in order to complete the entire order or to complete the order excluding the missing Goods.

  3. The Store reserves the right to extend the order processing time in situations beyond the Store's control(in particular, force majeure, strike, interruption in the supply of utilities or the adoption of regulations that significantly impede or prevent the delivery of Goods in the manner adopted by the Store or otherwise). hinder or prevent its operation in its current form) is not able to complete the order on time. In such a case, the Buyer will be informed about this fact without undue delay, via e-mail or by telephone.

§ 8. Delivery of goods

  1. The ordered Goods are delivered only within the territory of the Republic of Poland.

  2. The delivery of Goods is carried out only in a selected area of ​​the Republic of Poland. Before placing an Order, the Buyer may check whether the area of ​​interest is covered by the delivery of Goods via the Website, and in the absence of such a module on the Website or its temporary unavailability, the Buyer may direct a question in this regard to the Store, which should provide an answer without delay.

  3. The delivery of Goods is carried out by professional transport BORETTI Sp. z o.o., acting on behalf of the Store.

  4. The costs related to the delivery of the ordered Goods are borne by the Buyer and are included in the price of the Goods.

  5. A possible change in the delivery terms (in relation to those originally agreed), made by the Buyer after the goods have been shipped from the Store's warehouse, consisting in a change of the place or date of delivery, may involve additional costs, which will be charged exclusively to the Buyer. Additional delivery costs should be justified, among others by the decision of the company responsible for professional transport BORETTI Sp. z o.o.

  6. Receipt of the order from professional transport BORETTI Sp. z o.o. should be confirmed by a written receipt. Upon receipt of the shipment, the ownership of the Goods and all risks related to their possession and use, in particular the risk of loss or damage to the Goods, are transferred to the Buyer.

  7. When receiving the Goods, the Buyer should check whether the shipment has not been damaged during transport and whether its content is consistent with the order.

  8. When placing an order, the Buyer undertakes that he or a person authorized by him will be present at the delivery address on the date and time period selected by the Buyer when placing the order. The Store makes every effort to ensure that the delivery of the order is carried out on the date and time period selected by the Buyer. It is not possible to reserve the exact time of delivery of the order.

  9. The Store is obliged to deliver the Goods without defects.

§ 9. Right to withdraw from the contract

  1. Pursuant to the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014, item 827), the right to withdraw from the contract is excluded in the cases indicated therein, among others: in a situation where the subject of the order is a non-prefabricated item, manufactured to special order or intended to meet its individual needs.

  2. BORETTI products are manufactured to individual order and are non-returnable.

§ 10. Buyer's rights under warranty and guarante

  1. If defects are found in the Goods, the Buyer may file a complaint under the warranty or guarantee.

  2. The Store is liable under the warranty for the quality of the Goods offered and considers complaints on the basis of applicable warranty provisions under the Civil Code.

  3. In the case of Goods covered by a warranty, the Store issues to the Buyer, together with the Goods, a warranty statement recorded on paper or another durable medium (warranty document), which it received from the guarantor.

  4. If the Buyer submits a warranty complaint, the complaint will be considered by the guarantor in accordance with the conditions specified in the warranty statement.

  5. The Buyer is obliged to provide data in the complaint that will enable the Store to identify the order, the Buyer who ordered it and the date of placing the order. For this purpose, the Buyer should provide the Store with the following data to enable proper consideration of the complaint:

    1. the Buyer's data, including e-mail address or correspondence address, enabling the Store to communicate with the Buyer in order to respond to the reported complaint,

    2. order number,

    3. description of the defect of the Goods,

    4. indication whether the complaint is to be considered on the basis of warranty or guarantee (if applicable),

    5. indication of the desired method of settling the complaint (repair, replacement, price reduction, refund of funds).

  6. If a complaint is submitted by the Buyer under the warranty, the deadline for considering the complaint results from the terms of the warranty statement.

  7. The Buyer will be notified of the result of considering the warranty complaint immediately, and if the person filing the complaint is the Authorized Person (a consumer or an entrepreneur who concludes a non-professional contract) - no later than within the statutory deadline of 14 days from the date of receipt of the complaint. The above deadline may vary if, for specific products or due to special circumstances, the complaint handling time resulting from mandatory legal provisions is shorter.

  8. The store is not obliged and does not consent to out-of-court resolution of disputes with consumers in the manner provided for in the Act of September 23, 2016 on out-of-court resolution of consumer disputes. If, as a result of a complaint filed by the Buyer who is a consumer, the dispute between the Store and the Buyer has not been resolved, the Store provides the Buyer who is a consumer, on paper or another durable medium, with a declaration of refusal to participate in the proceedings for out-of-court resolution of consumer disputes.

§ 11. Personal data protection

  1. The administrator of data processed for the purpose of fulfilling the order is BORETTI Sp. z o. o. with its registered office in Kraków, ul. Kapelanka 12, 30-347 Kraków, KRS: 0000923038, NIP: 6793223671, REGON: 389990700

  2. Establishing contact with the Company in order to take action at the request of the data subject before concluding the contract is tantamount to consent to the processing of personal data for the purpose of preparing and implementing the order, within the meaning of Art. 6 section 1 letter a) GDPR. From the moment of concluding the contract (placing an order), the processing of the Buyer's personal data takes place on the basis of Art. 6 section 1 letter b) GDPR.

  3. Personal data provided by the Buyer in the order fulfillment process are data necessary for its implementation and will be processed by the Store in order to perform the concluded contract.

  4. The processing of personal data by the Store is carried out in accordance with the provisions of the GDPR, the Personal Data Protection Act of May 10, 2018 (Journal of Laws of 2018, item 1000, as amended), the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2002, No. 144, item 1204, as amended), as well as the Act of July 16, 2004, Telecommunications Law (Journal of Laws 2004, No. 171, item 1800, as amended). . d.). Due to the purposes for which the Store processes Buyers' personal data, the recipients of their personal data may be entities participating in the implementation of obligations arising from the contract (e.g. Tax Office, Social Insurance Institution or companies providing services related to the performance of the contract, such as transport companies). , as well as entities intermediating in the activities performed by the administrator, e.g. IT service providers, accounting offices, marketing agencies or law firms.

  5. The Buyer has the right to access and correct his personal data and the right to rectify, delete and limit processing (in cases where it is permissible due to the actual situation and the legal obligations imposed on the Store), the right to transfer data, the right to raise an objection ( e.g. if the data is processed for marketing purposes). The buyer also has the right to lodge a complaint with the supervisory authority - the President of the Personal Data Protection Office.

  6. If the processing of the Buyer's personal data is based on consent (e.g. the Buyer contacted the Store to obtain information about the Goods), the Buyer's withdrawal of consent to the processing of his personal data does not affect the legality of the processing carried out by the administrator before the consent was withdrawn. .

  7. The Buyer may consent to receiving commercial information from the Store via electronic means of communication (to the email address and telephone number).

  8. The Buyer may consent to the Store using telecommunications terminal equipment for direct marketing purposes.

§ 12. Rules for the sale of goods using the VAT reverse charge

  1. In accordance with the provisions of the Act of March 11, 2004 on tax on goods and services (Journal of Laws of 2011, No. 177; item 1054, as amended, hereinafter referred to as the "VAT Act"), the sales contract for Goods from a specific range of the Store's a total amount exceeding PLN 20,000.00 net, made to an entrepreneur registered as an active VAT payer, is subject to the so-called mechanism VAT reverse charge. As a consequence of the above, this paragraph of the Regulations regulates the rules of sale of Goods in a situation where the Buyer intends to make a one-off purchase of Goods for an amount exceeding PLN 20,000.00 net, assuming that this purchase would be confirmed by a VAT invoice and:

    1. the transaction is not covered by the exemption referred to in Art. 43 section 1 point 2 of the VAT Act, i.e. does not apply to goods used exclusively for tax-exempt activities;

    2. The buyer is a taxpayer referred to in Art. 15 of the VAT Act, registered as an active VAT payer;

    3. the total value of the Goods sold as part of a single economic transaction exceeds PLN 20,000 net.

  2. The Buyer intending to purchase Goods for a total amount of PLN 20,000.00 net, which transaction would be confirmed with a VAT invoice, is obliged to send the initial order to the email address of the Store, indicated on the Website, along with scans of the documents referred to in section . 3 below. The buyer is then obliged to immediately send the original documents referred to in section 3 below to the address of the Store indicated on the Website.

  3. The buyer in order to complete the transaction referred to in section 1 above is obliged to send to the electronic address indicated in section 2 above, the following documents:

    1. excerpt from the National Court Register or excerpt from the Central Information Register of Business Activity (electronic printout),

    2. a copy of the decision confirming the Buyer's registration as an active VAT payer (VAT-5) (not older than 3 months from the date of issue);

    3. a declaration signed by the Buyer or a person duly authorized by the Buyer regarding the VAT taxation of the transaction of supply of goods as well as a declaration regarding the indication of the Head of the Tax Office competent for the Buyer

  4. The Store, regardless of any other rights it has under these Regulations and by law, has the right to apply to the Head of the Tax Office competent for the Buyer to confirm the Buyer's status as an active VAT payer (procedure indicated in Article 96(13) VAT Act).

  5. If the Buyer passes a positive verification, following the sending and analysis of the documents referred to in this paragraph, the Store will inform the Buyer about the further procedure for selling the Goods.

  6. After the Buyer has paid for the Goods, the Store will issue an invoice to the Buyer without VAT, with the annotation " reverse charge ". The Purchaser is obliged to settle VAT on the purchase of Goods on the terms set out in this document.

  7. The Store is entitled to claim compensation from the Buyer for any damages resulting from the presentation of false, incomplete or forged documents referred to in section 3 above or the Buyer's submission of false or incomplete statements.

§ 13. Final provisions

  1. The Store reserves the right to change the Regulations for important reasons, in particular:

    1. caused by force majeure,

    2. changes in the scope, scope or type of business activities conducted by the Store or cessation of business activities conducted by the Store,

    3. changes in the provisions of applicable law or the issuance of judgments, orders or decisions by state authorities requiring changes to the provisions of the Regulations,

    4. for other reasons, justified by organizational changes in the Store, economic and social reasons, the need to adapt the Regulations to the solutions proposed by new technologies or the need to limit or eliminate the actions of Buyers or third parties that are inconsistent with the law, principles of social coexistence, good customs or these Regulations.

  2. All photos of the Goods and names presented on the Website are used solely for identification purposes and may constitute registered trademarks or may be subject to copyright of third parties, and their further use, exploitation and presentation, in part or in whole, is prohibited without prior consent. consent of authorized persons.

  3. The Store does not rent the offered Goods for testing, therefore it is unacceptable to conclude trial contracts or other similar unnamed contracts, such as contracts for testing the Goods or sales with reservation of ownership.

  4. In matters not regulated by these Regulations, the relevant provisions of the Civil Code and other relevant, generally applicable provisions of law shall apply.

  5. Any disputes that may arise between the Parties to the transaction will be resolved by the common court competent for the registered office of the Store, which does not exclude the rights of Buyers who are consumers in this respect.

  6. Changes to the Regulations come into force after their publication on the Website, in particular this applies to changes in the prices of Goods.

  7. The Regulations in force and published on the Website on the date of conclusion of the contract apply to the contract concluded between the Store and the Buyer. Changing the Regulations after the date of conclusion of the contract and before the performance of the obligation by either party does not affect the content of the already concluded contract or the rights and obligations of the parties.

  8. If it turns out that any provisions of these Regulations are inconsistent with or irreconcilable with the provisions regarding Consumer rights, in particular the provisions of the Act on Consumer Rights, or constitute an prohibited contractual provision, then such provisions will not apply only to consumers and will be considered against them. will be as if they had not been reserved in these Regulations. The provisions of section 8 will apply appropriately to entrepreneurs concluding a contract that is not of a professional nature, to the extent that it results from the wording of generally applicable legal provisions.

  9. These Regulations are protected by copyright and their copying or reproduction in whole or in part without the consent of authorized persons is prohibited and constitutes a violation of copyright, which may result in a lawsuit being brought against the person violating these rights.

  10. The Store may make changes to the Website at any time without the need to notify its users and Buyers of Goods or third parties in this respect, in particular it may remove available Goods from the Website, change the indicated prices or other elements regarding the presented Goods and add descriptions. or functions for individual Goods, may introduce new Goods, may introduce, change or remove promotions, sales, etc. Changes on the Website are effective from the date of their publication on the Website and do not apply to contracts concluded before their publication.

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