Terms and Conditions of providing services by electronic means
by Magda Butrym
- These Terms and Conditions (hereinafter referred to as the "Regulations") stipulate the conditions and rules of providing services by electronic means by BH Group sp. z o.o. based in Zabrze, ul. Plan Norberta Kroczka 10, entered into the Register of Entrepreneurs kept by the District Court in Gliwice, Economic Division no. X KRS under the number KRS 0000489762; share capital: 50000 PLN; NIP (Taxpayer ID number) 6482769853 (hereinafter referred to as "Service Provider").
- The Service Provider provides Customers free of charge with these Regulations at www.magdabutrym.com/terms.pdf and within the mobile app "Magda Butrym", as well as - at their request - in such a way that makes it possible to obtain, copy and record the Regulations with an ICT system used by the Customer, by making a copy of the Regulations in PDF format on Customer’s selected carrier by clicking the link. The Customer is not bound by those provisions of the Regulations which have not been made available to him in the manner described above.
- Any actions described in the Regulations, related to placing orders and the complaints procedure, for which e-mail contact has been established, are done at: email@example.com.
- Any actions described in the Regulations, related to placing orders and the complaints procedure, for which telephone contact has been established, are done using the telephone number +48607488828. The fee for such a call, related to a concluded contract, does not exceed a fee for a regular call, according to the price list of the operator whose services the Customer uses.
- Whenever the following notions appear in the Regulations, they are meant to denote:
- E-mail address – marking of an ICT system which makes it possible to communicate using electronic media, and especially e-mail.
- Cookie – text file in which the server of the Web page records information on the hard disc of the computer that the User uses. The information recorded in the cookie file can be read by the Web page server while connecting again from that computer, but it can also be read by other servers.
- Payments System Operator – entity selected by the Service Provider which provides services related to the delivery, maintenance and handling of card payments.
- Payments by electronic means – card payment the Customer makes, carried out within online banking, supported by the Payments System Operator.
- Means of electronic communication – technological solutions, including ICT equipment and their associated software tools, enabling individual distance communication using data transmission between ICT systems, in particular e-mail.
- Web page – website which belongs to the Service Provider, located at www.magdabutrym.com, through which Customers can use services consisting in providing information.
- Sales System – mobile app "Magda Butrym", designed for mobile devices, or application available on the Web page, through which it is possible to use the services provided by electronic means by the Service Provider.
- Providing a service by electronic means – performance of the service, which is done by sending and receiving data using ICT systems, to individual Customer demand, without the simultaneous presence of the parties; the data are transmitted via public networks, as stated in the Telecommunications Act.
- Services – any services provided by electronic means by the Service Provider to Customers, on the basis of these Regulations.
Scope of activity
- The Service Provider provides by electronic means the following Services:
- concluding contracts of sale of apparel products through the Sales System;
- access to the Web page, which makes it possible to get acquainted with the current offer of the Service Provider, as well as with information about current promotions.
- In order to communicate with the Customer while providing the Services referred to above and in connection with them, the Service Provider uses the Means of electronic communication, in particular e-mail, the Web page and the Sales System. The costs the Customer bears for using the above means of distance communication for the conclusion of contract shall not be higher than for the regular use of those means of communication and depend on the price list of the operator whose services the Customer uses.
Technical Requirements and Information
SELLING APPAREL PRODUCTS
- Services consisting in the sale of apparel products can be realized through the Sales System.
- Services offered by the Service Provider within the Sales System can only be used by natural persons of age, with the full capacity to act, within the meaning of the Civil Code, as well as by legal persons.
- An order can be placed when a Customer has filled in a form in the Sales System, in which they submit their first and last name and delivery address. After completing the form, the Customer is obliged to verify the consistency of the data and to confirm them.
- An order is placed when a Customer selects apparel products through the Sales System. The Order is confirmed by clicking the "Order with obligatory payment" button on the order summary screen. An Order placed by the Customer is an offer, as defined by the civil law.
- When confirming the form content, the Customer declares that the data are correct and that:
- they have familiarized themselves with the Regulations and agree to observe them. The Customer accepts the Regulations without the need to submit a separate statement,
- the data submitted in the form are complete and true,
- they are entitled to conclude the contract for providing services by electronic means,
- the data submitted by them do not infringe any third party rights.
- The fact that an order has been placed will be confirmed automatically by e-mail by changing the order status to "Awaiting payment."
- The fact of accepting an order to be executed after the payment of the price will be confirmed before its execution by changing the order status to "Paid". Changing the order status to "Confirmed" is the acceptance of the offer according to the statement made by the Customer and determines the time and place of the contract relating to a specific order.
- The minimum duration of Customer’s obligations resulting from the contract of sale is the time between placing an order and paying the price and the correct receipt of the ordered goods.
- Accepting an order to be executed may sometimes depend on verifying an order placed by the Customer by phone or e-mail.
- After accepting the Customer’s offer, not later than at the time of delivery of the goods, the Service Provider provides the Customer with the confirmation of the conclusion of a distance contract on a durable medium in the form of a PDF document sent via e-mail.
- A Customer can introduce changes to their order not later than before the order status has been changed to ”Paid”. Such a change is done by phone.
- A Customer has the right to cancel an order not later than before the order status has been changed to ”Paid”. An order is cancelled by phone.
Delivery and its limitations
- Deliveries are carried out by the DHL company.
- Deliveries are carried out in the whole world.
- The time of delivery depends on the area determined in accordance with the postal code assigned to the address submitted by the Customer. A recorded parcel shall be sent within the time specified in the System Sales, counted from the date of contract, whose length depends on the availability of the product. The deadline for performing the service by the Service Provider is not more than one month.
- The Service Provider informs that orders will not be realized on the days when such information is posted at www.magdabutrym.com/maintenance or in the mobile app "Magda Butrym."
- Due to the limited number of apparel products offered, the Service Provider reserves the right to limit the number of accepted offers, depending on quantity of goods available.
- The Service Provider reserves the right to refuse to execute an order in the following cases:
- there are definite doubts concerning the Customer,
- it has not been possible to confirm the order,
- the Customer does not observe the Regulations,
- the order cannot be executed for logistical reasons,
- Employees of the Service Provider shall immediately notify the Customer by e-mail at the e-mail address provided by the Customer in the order or by telephone about the refusal to conclude the contract.
- The Service Provider shall not be liable for any delay or non-delivery of the order within the time specified by the Customer as a result of events and situations which were beyond the Service Provider’s control and prevented the execution of the Order.
Right of withdrawal
- The Customer may withdraw from the Contract without giving reasons.
- The deadline to withdraw is 14 days counted from the day when the Customer received the item or when a third party, other than the carrier, and indicated by the Customer, received the item.
- In case if the items ordered by the Customer were delivered separately or in parts, the deadline to withdraw is 14 days counted from the day when the Customer received the last item or when a third party, other than the carrier, and indicated by the Customer, received the last item or part.
- In order to make use of the right of withdrawal, the Customer must inform the Service Provider, e.i. BH Group Sp. z o.o. based in Zabrze, ul. Plan Norberta Kroczka 10, email: firstname.lastname@example.org, of their decision to withdraw from the Contract in form of an unambiguous statement (eg. a letter sent by mail or e-mail).
- The Customer may use the model form of withdrawal, however, it is not obligatory. The model form of withdrawal is available at the link.
- The Customer may also fill in and submit the model form of withdrawal or any other clear statement by e-mail at: email@example.com. If the Customer makes use of this opportunity, the Service Provider will promptly send an acknowledgment of receipt of their notice of withdrawal from the contract by e-mail. In order to meet the deadline it is sufficient for the Customer to send the information on making use of their right of withdrawal before the specified deadline.
Effects of withdrawal
- In case of withdrawal from the Contract, the Service Provider returns the Customer all payments received from them, including the cost of delivery of the goods (with the exception of the additional costs resulting from the form of delivery selected by the Customer, other than the least expensive normal delivery offered by the Service Provider), immediately and in any event no later than 14 days from the date on which the Service Provider was informed of the Customer’s decision to withdraw from the contract. Refund payments will be made using the same payment methods that were used by the Customer in the initial transaction, unless the Customer expressly agreed otherwise; in each case the Customer does not pay any fees in connection with this refund.
- The Service Provider may withhold the refund until the goods are received or until they are presented with the certificate of posting the goods by the Customer, depending on which event occurs first.
- The Customer shall send back or return the goods to the Service Provider immediately, and in any case no later than within 14 days counted from the day when the Customer informed the Service Provider of their withdrawal from the Contract. The deadline is kept if the Customer returns the goods within 14 days to the address: ul. Rozbrat 34/36 lok. 98, 00-429 Warsaw.
- Goods offered as a set shall be returned in their entirety.
- The customer bears the cost of returning the goods. The cost is estimated to a maximum for the amount specified in § 9.3, depending on the place of dispatch and delivery.
- The Customer is only responsible for a reduction in the value of goods resulting from using them in a different way than it was necessary to establish the nature, characteristics and functioning of the items.
- The Service Provider may refuse to accept the return if the returned goods have been altered (in particular incomplete, without tags, used, washed or damaged), except where the change was necessary to establish the nature, characteristics and functioning of the items.
- The Service Provider is obliged to provide the Customer with the goods without physical or legal defects. The Service Provider shall be liable to the Client for the defectiveness of the goods sold, which existed at the time when the goods were supplied to the Customer or resulted from a causes inherent to the goods sold, to the extent specified in the Act of April 23, 1964, Civil Code, and the Act of May 30, 2014, about consumer rights.
- Customers are required to examine the object of delivery at the moment of delivery. If there are no reservations concerning the condition of the object of delivery and if the acknowledgment of receipt was signed without reservations, it is presumed that the condition of the goods was adequate.
- Customers have the right to file complaints to the Service Provider concerning the Services through deliverers and to the e-mail address firstname.lastname@example.org.
- Complaints concerning the Services are considered by the Service Provider or an employee nominated by them within 14 days counted from the day when it was filed.
- A correct complaint concerning the Services, sent to the e-mail address email@example.com, should contain at least the following data:
- marking of the Customer and the Order;
- object of the complaint;
- circumstances which justify the complaint.
- Faulty goods together with the complaint shall be sent to the following address: ul. Rozbrat 34/36 lok. 98, 00-429 Warsaw, including a description of the defect and the data which make it possible to identify the Customer.
- In the event that claims are regarded as reasonable, the Service Provider shall also refund the cost the Customer had to bear to send the faulty apparel product by ordinary parcel.
PRICE AND FORMS OF PAYMENT
- Prices in the Sales System are gross prices and they include VAT valid at the time of placing the Order. The payment currency depends on the system settings in the Customer’s device.
- Prices quoted in our Selling System are total prices including costs of clothing products' delivery to the Client by the delivery option chosen by the Service Provider.
- By placing the Order the Client accepts the current selling price and his or her obligation to pay it.
- The Client is obliged to cover all additional costs beyond the selling price quoted in the Sales System for the delivery of the ordered goods, in particular customs duties, import duties, handling fees or similar if the Client's obligation to cover these costs arise from the legal regulations applicable in the country of delivery. The Service Provider shall not be obliged to cover the above listed additional payments.
- The prices quoted in the Sales System do not include additional payments referred to in Par. 4. The Service Provider has no control over the above listed payments and the nature of the service does not allow for calculating them in advance as they depend on the value of the goods and the delivery costs in particular. To calculate additional costs contact your customs office or other competent authorities before placing your order with the Service provider.
- If the Client refuses to cover additional costs referred to in Par. 4, the goods shall be returned to the Service Provider and the Client shall bear direct costs of returning the goods.
- Customs procedure or any other import procedure, provided for by the regulations applicable in the country of delivery, may result in delays being beyond the control of the Service Provider. In the event of the delay we recommend contacting customs office or any other competent authority to determine the reasons behind the delay before filing the complaint with the Service Provider.
- The authorities of the country of dispatch may submit settlement documents relating to additional payments referred to in Par. 4 to the Client after the delivery date. The above case does not constitute the Service Provider's delay in the delivery of the goods and the Service Provider shall bear no responsibility over the delivery of the above listed settlement documents.
- The sales document is always consistent with the sale price applicable at the time when the order is accepted by the Buyer, regardless of the selected delivery date.
Accepted method of payment
- An acceptable form of payment is exclusively a payment online by any card supported by the Payment System Operator.
- Payments in the Payment System can only be made by persons authorized to use the particular instrument, using which a payment is made, in particular a payment card can only be used by its authorized holder. Fraud cases detected by the Service Provider will immediately be reported to the appropriate law enforcement authorities.
- The Service Provider makes available a transaction form provided by the Payment System Operator; the data from the form are automatically submitted to a partner of the Payment System through the Payment System.
- When making payments using a card, the customer is automatically redirected to the window where data necessary to make the payment shall be entered.
- In order to make a payment the Customer should confirm making a payment on the website of the appropriate partner of the Payment System, according to the rules determined by that partner; when making any changes in the payment form made available on those pages and automatically completed by the Payment System, the payment cannot be made.
- Any electronic payments are made in accordance with the valid regulations of the Payment System Operator or of the partner of the Payment System, and the Service Provider is not responsible for their functioning.
- If an Order cannot be executed although it has been accepted, the Customer shall receive from the Service Provider the entire payment made through the Payment System. The Service Provider shall order to return the payment no later than within 14 days of the moment when the Customer was informed of the non-execution of the order for the reasons referred to in this section. The date of return shall be the date when the Service Provider ordered the Payment Operator to return the appropriate sum.
- Partners of the Payment System and the Payment System Operator reserve the right to refuse to handle payments made by the Customer, in particular if doubts arise concerning the legality of the transaction because of which the payment is made, or the legality of the payment itself.
- The Customer acknowledges that the Payment System Operator, as well as his partners, assess financial credibility of the persons who are going to make a payment using a payment card and can thus differentiate payment rules or condition some terms for providing services depending on which risk group a given Customer is assigned to. Therefore the Payment System Operator reserves the right to refuse to handle a given payment in justified cases.
- The Payment System Operator and the Service Provider shall not be liable for any delay in the transmission of payments or of authorization responses, due to causes arising after the Customer has requested a payment, as well as non-execution and delay in the transfer of funds or data verification, in particular caused by the Customer giving inaccurate or incomplete data, which prevent execution of the payment, as well as a delay resulting from other events beyond the Service Provider’s or Payment System Operator’s control.
- The Service provided by the Service Provider is free of charge, however, if the Customer selects electronic payment as a form of payment, a fee for the order is charged in the amount shown before placing the order.
RESPONSIBILITY AND FINAL PROVISIONS
- It is forbidden to download data base contents made available on the Web page and in the Sales System, and to use them in their entirety or in a significant part.
- The Service Provider does not permit to copy, modify, distribute, transmit or otherwise use any tracks made available on the Web page and in the Sales System, except for using them in the context of fair use.
- The Service Provider shall not be liable for any damages resulting from the cessation of service provision, where it is a consequence of not being able to effectively perform services due to the Customer’s fault. The Service Provider is also not responsible for damages resulting from the cessation of service provision by the Customer infringing the Regulations.
- Apart from the above, the Service Provider shall not be liable for:
- any damage caused to third parties, arising from Customers making use of the Services in a manner inconsistent with the Regulations or laws;
- information and materials downloaded and sent via Internet by Customers;
- loss of data by the Customer resulting from external factors (eg. software failure), or other circumstances beyond the Service Provider's control (action of others);
- damages resulting from the lack of continuity in the provision of Services;
- Customers submitting false or incomplete information when placing an Order;
- Customers’ failure to comply with the Regulations.
- The Service Provider processes Customer’s personal data exclusively in order to correctly perform Services, including registering Customers, accepting and executing Orders, carrying out complaints procedures and promotional or advertising actions, using for this purpose the data included in the application form – first and last name, address, phone number, e-mail address and IP address.
- Personal data of the Customers who place orders are processed for the time required to execute the provisions of the present agreement, in particular Orders accepted to be executed and the Complaints procedure.
- Customers’ personal data will be transmitted to third parties, i.e. Deliverers, to the extent necessary to correctly execute the Customer’s order.
- The Service Provider is the data controller within the meaning of the Act of August 29, 1997, on personal data protection (Journal of Laws [Dz. U.] No. 133, item 883 as amended). The data set has been submitted for registration to the Inspector General for Personal Data Protection.
- Customer’s personal data shall be processed according to the safety rules, required by the Act of August 29, 1997, on personal data protection (Dz. U. No. 133, item 883 as amended).
- The Service Provider may process other than personal data, which are not necessary for providing the service, only with the prior consent of the customer, expressed after informing them of the categories of data, purpose and scope of the processing and recipients of the data. Such a consent may be revoked at any time.
- The Service Provider may also provide the following data which characterize the manner in which the Customer uses the service provided by electronic means (operating data):
- identification of the Customer;
- signs which identify network terminal or the ICT system that the Customer used;
- information of the beginning, end and scope of each use of the service provided by electronic means;
- information of Customer’s use of services provided by electronic means.
- According to the Act on the provision of services by electronic means (Dz. U. 2002, No. 144, item 1204 as amended), the Customer agrees to receive at their e-mail address submitted in the registration form and later updated while using the System, commercial information from the Service Provider.
- Every Customer has the right to access to their data, correction, demand to stop processing the data and opposition to the processing, at any moment. Such a demand shall be placed in writing directly to the address of the Service Provider. If a Customer presents a demand which will make it impossible to execute an Order after it has been accepted, the Service Provider shall not be liable for non-performance or improper performance of the Order.
- Personal data are stored by the Service Provider for the purpose of performing Services and by the Payment System Operator, to the extent necessary to handle payments.
It is forbidden to copy and distribute the materials in the Sales System and on the Web page without written consent and knowledge of the owners of copyrights.
- The Regulations shall enter into force on December 25, 2014.
- The Service Provider has the right to unilaterally modify the Regulations. Such modifications of the Regulations shall enter into force the moment the changed Regulations are posted on the Web page or in the Sales System. A Customer has the right to terminate the Agreement without the notice period if they do not approve of the changes to the Regulations.
- Recognizing specific provisions of the Regulations in the manner prescribed by law to be invalid or ineffective does not affect the validity or effectiveness of other provisions of the Regulations. In place of the invalid provision a regulation will be applied which is closest to the objectives of the invalid or ineffective provision and the entire Regulations.
- The contract concluded by the Parties consists of the Order and the present Regulations together with all annexes that constitute integral parts of the contract. The possibility of using general terms of Customer’s contracts (if used) is excluded.
- The service contract is concluded for an indefinite period of time. The Parties have the right to terminate the contract which makes it possible to access the Sales System and the Web page with a one-month-notice period.
- The Parties are in agreement that the law applicable to the using or infringing the Regulations and to the agreements made on the basis of the Regulations is the Polish law. This statement is a conflict choice of law.
- The agreement is concluded in Polish.
- If in the complaints procedure the Customer’s complaint was rejected, and on the condition of mutual consent, the dispute concerning the purchased product or service may be subject to extra-judicial ways of solving affairs in form of mediation and amicable judiciary.
- The Parties are in agreement that jurisdiction to hear disputes arising from the use or violation of the Regulations and to contracts concluded on the basis of the regulations shall be a court competent for the defendant or the court of the place of execution of contract.
- In cases not covered by the Regulations the following laws will apply: Act of April 23, 1964 – Civil Code (Dz.U. 1964, No. 16, item 93 as amended), Act of May 30, 2014, on consumer rights (Dz. U. 2014.827) and Act of July 18, 2002, on provision of services by electronic means (Dz. U. 2002, No. 144, item 1204 as amended).