TERMS AND CONDITIONS OF SALE
I. PROVISIONS AND GENERAL CONDITIONS
The following Terms and Conditions stipulate the principles of order placement and processing applicable fat P.A.T. spółka z ograniczoną odpowiedzialnością sp.k. as well as the principles of using the Online Platform www.bugala.pl and online shops of the Seller: www.e-pat.pl and www.sklep.bugala.pl
The online shops which operate at: www.e-pat.pl and www.sklep.bugala.pl as well as the Online Platform www.bugala.pl are managed by P.A.T. spółka z ograniczoną odpowiedzialnością sp.k. (formerly P.A.T Bugała Spółka z ograniczoną odpowiedzialnością ), with its registered office in Częstochowa at ul. Legionów 98, entered into the Register of Entrepreneurs kept by the District Court in Częstochowa, 17th Economic Division of the National Court Register (KRS) under KRS number 0000697406, Tax ID (NIP) 573-020-72-88, National Official Business Register Number (REGON) 150020489.
The Customer shall have the possibility of contacting the Seller at 42-200 Częstochowa, ul. Legionów 98, by telephone - helpline 34 360 23 70 for landline phones and mobile phones, respectively, at the e-mail address email@example.com or through a contact form available on the Seller’s websites.
In order to use the Shops and the Online Platform, the following are required:
a) Internet access
b) an Internet browser which accepts cookies: - Internet Explorer in the version not older than IE 8, - Mozilla Firefox in the version not older than 4.0,
- Google Chrome in the version not older than 27, - Opera in the version not older than 12.11.
c) minimum screen resolution of 1024x 768
d) an active e-mail account (e-mail)
e) installed support for Adobe Flash Player plug-ins
In order to use the shopping or inquiry options in the online shop and platform, the user may register on the website, however, it is not a precondition necessary for placing an order/sending an inquiry.
The Seller shall not collect any fees for communication with the Seller through any means of distance communication, however, the Buyer shall bear the costs in the amount resulting from an agreement they concluded with a third party that provides distance communication services for the Buyer.
Postal address - name and surname and/or name of the institutions, location in the city/town, postal code and city.
Address for reporting complaints - P.A.T. spółka z ograniczoną odpowiedzialnością sp.k., ul Legionów 98. 42-200 Częstochowa.
Delivery price list - a list of available delivery options and their costs available at ......
Contact data - Address: P.A.T. spółka z ograniczoną odpowiedzialnością sp.k. (former P.A.T. Bugała Spółka z ograniczona odpowiedzialnością), ul Legionów 98. 42-200 Częstochowa Mail: firstname.lastname@example.org; email@example.com Telephone: 34 360 23 70 Fax: 34 368 16 30
Delivery - a type of shipment service with a determined carrier and cost, provided in the delivery price list available at ....
Proof of purchase - an invoice, a bill or a receipt issued in accordance with the VAT Law of 11th March 2004, as amended, and other relevant provisions of law.
Buyer - Entrepreneur
Civil Code – the Civil Code Act of 23rd April 1964, as amended.
Code of Good Practice - a collection of procedures, especially ethical and professional standards referred to in Article 2 section 5 of the Act of 23rd August 2007 on counteracting unfair trading market practices, as amended.
Basket - a list of products prepared based the on products offered in the shop and selected by the Buyer.
Place of service completion - a place indicated by a Customer in an order as a place of goods/products collection.
Time of object release - the time when a Customer or a third party indicated by the Customer for collection takes the object in their possession.
Online Platform – an online service available at www.bugala.pl, through which a Customer may send and an offer inquiry regarding the products sold on the Platform.
Payment - method of payment for the subject of the agreement and delivery
Foreign entity - Buyer/Customer whose place of residence or registered office is located outside the territory of Poland
Consumer Law - Consumer Rights Law of 30th May 2014
Product - a movable item advertised on the Online Platform
Subject of the agreement - products and delivery which constitute the subject of an agreement.
Entrepreneur – a natural person conducting a business activity, a legal person and an organizational unit which is not a legal person, but which is granted legal capacity by law, conducting a business or professional activity on their own behalf.
Object - a movable item which may be or is the subject of an agreement.
Shop / online shop - an online service available at www.e-pat.pl or sklep.bugala.pl via which a Customer/Foreign Entity - for the e-pat shop, or a Foreign Entity - for the www.sklep.bugala shop may place an Inquiry, and an Entrepreneur sign a purchase agreement for products available on the website.
Seller - P.A.T. spółka z ograniczoną odpowiedzialnością sp.k. (former P.A.T. Bugała Spółka z ograniczoną odpowiedzialnością) with its registered office in Częstochowa at ul. Legionów 100, entered into the Register of Entrepreneurs kept by the District Court 17th Economic Division of the National Court Register (KRS) under KRS number 0000697406, Tax ID (NIP) 573-020-72-88, National Official Business Register Number (REGON) 150020489.
Party - the Seller and the Customer
System – a system of compatible IT devices and software which ensures processing and storage, as well as sending and collecting data through telecommunications networks with the use of appropriate terminal equipment for a given type of network, also known as the Internet.
Date of collection - date when goods/products are ready for collection in the Seller’s registered office.
Product - a movable item which was placed in the Seller’s offer by online shops www.e-pat.pl and sklep.budala.pl.
Agreement – an agreement concluded outside an entrepreneur’s office or remotely as defined by the Consumer Rights Law of 30th May 2014 in the case of Consumers, and a sales agreement as defined by Article 535 of the Civil Code Law of 23rd April 1964 in the case of Entrepreneurs.
Defect - both a physical and legal defect. 29. A physical defect - non-conformity of a sold object with the concluded agreement, especially if the object:
a) does not have the properties an object of this type should have for fulfillment of the intended purpose indicated in the agreement or resulting from the circumstances or intended use,
b) does not have the properties, the existence of which the Seller guaranteed to the Consumer/Buyer,
c) is not suitable for the purpose which the Consumer/Buyer reported to the Seller when concluding the agreement, and the Seller did not report any reservations as to such a purpose,
d) was released to the Consumer in an incomplete form,
e) in the case of its incorrect installation and start-up if those activities were performed by the Seller or a third party for whom the Seller is responsible ,or by a Consumer/Buyer who followed the instructions received from the Seller,
f) does not have the property guaranteed by the manufacturer or its representative or a person who markets the product under their business activity and a person who by publishing their name, trademark or other distinct designation on the sold object presents themselves as the manufacturer, unless the Seller did not know of those declarations, under reasonable judgement, could not have known or they could not have affected the Consumer’s/Buyer’s decision on concluding the agreement or if their content was corrected before conclusion of the agreement.
Legal defect – a situation when a sold object constitutes the property of a third party or is encumbered with a third party’s right, or if restriction on the use or disposal of the object results from a decision or ruling of a relevant authority.
Order – a declaration of will of a Buyer placed via a shop, explicitly specifying: the type and number of products; type of delivery; type of payment; place of object release, Buyer’s data, which:
a) directly aims at concluding an agreement between the Consumer/Foreign Entity and the Seller.
b) results in conclusion of an agreement by and between the Entrepreneur and the Seller.
Inquiry – a Buyer’s declaration of will made by e-mail, post or by telephone, expressing the Buyer’s interest in the Goods or Products offered on the Seller’s websites.
The order placement and processing procedure for Entrepreneurs (concerning the Seller’s online shops available at: www.e-pat.pl and www.sklep.bugala.pl)
The shop shall process orders both in Poland and abroad.
Orders are processed in the order of their placement and availability of the products in the warehouse.
The Buyer declares that the personal and company data entered by them are true and that the Buyer bears full responsibility for provision of untrue or incorrect data.
The Buyer shall be obliged to check all the data (tax ID number, company data, delivery address, order content, method of payment). In the case of non-conformity or any shortages it is necessary to immediately contact the sales department.
When an order value is more than PLN 5,000 net (or its equivalent in a different currency), the Seller may demand order confirmation and only after signing it by the Ordering Party and sending back to the Seller shall the order be submitted for processing. This applies especially to personalized products (with a logo print) and available on order.
The standard order processing time shall be 2-3 business days. This time covers the time of selection and preparation of a product for shipment, however, it does not cover the delivery of the product to the Customer. Preparation of a product for shipment as well as its delivery shall take place only on business days. Note! The order processing time may be extended in the holiday season and after trade show events.
In the case of some products, the order processing time is longer. In such a case information of the processing time shall be published directly on the website next to the selected product or provided to the customer after receipt of an inquiry. Order processing deadline shall be counted as of receipt of order confirmation for COD / cash payments. For transfer payments the above-mentioned time is counted from the moment of crediting funds to the Seller’s account.
Processing time for orders with a company print is longer than the standard time and is notified to the Buyer at the time of order confirmation.
The Seller shall not be liable for designs and contents sent for printing. The Buyer declares that they are the only owner of copyrights for all delivered contents ordered for printing and for all design elements are the Buyer’s property. The Buyer shall be fully responsible for any legal defects resulting from the content of works and designs delivered for processing and commissioned by the Buyer, including any and all violations of copyrights and third party’s rights.
The Buyer declares at the same time that if they are not the only owner of the logo/brand sent for printing, they have an adequate consent/license for using the trademark the sent trademark granted by the owner of the trademark/logo/brand.
Any changes in the placed order must be proposed by e-mail. The Seller shall introduce the changes in the order as long as it is possible at a given order processing stage. If introduction of changes requires any additional financial outlays, the Buyer shall be obliged to cover them fully.
An order shall be processed until exhaustion of the stocks. If an order placed by a Customer has been confirmed by the Seller and the product is not available, the Seller shall offer the Customer possible solutions, including the option of withdrawing from the agreement. If the Customer has already made a payment, the Seller shall return it in the form in which the Customer transferred it.
Jewellery shown on the pictures is not a part on the offer
The inquiry placement and order processing procedure for Entrepreneurs (concerning the online platform www.bugala.pl)
The content of the www.bugala.pl website shall constitute an invitation to concluding an agreement as defined by Article 71 of the Civil Code. The content of the www.bugala.pl website shall not constitute an offer as defined by the Civil Code.
In order to place an offer inquiry via the purchasing Platform the user has to visit the website bugala.pl, select a product and take subsequent actions based on information provided on the website.
The number of items in the Inquiry which is being prepared is visible all the time in the right upper corner of the page.
The Customer may introduce changes to the Inquiry or cancel them without restrictions until the “Send the inquiry” button is pressed.
In order to send an Inquiry it is necessary to express consent for personal data processing and accept these Terms and Conditions.
Sending an Inquiry by the Customer shall not constitute an Order and shall not lead directly to conclusion of an agreement in accordance with the content of the Terms and Conditions.
After verification of an inquiry by a Consultant, the Consultant shall contact the Customer to agree on important elements of a possible agreement (in particular the type and color of materials used in manufacturing, prices, delivery times, delivery costs, method of payment, quantity of goods, order processing time, total order value).
An agreement shall be deemed as concluded when consensual declarations of will are made by e-mail or fax, which shall be confirmed by Customer’s receipt of an e-mail or a message sent by fax.
A sales agreement shall be made in Polish.
In the case of individually ordered furniture (the so-called custom-made furniture), any questions crucial shall be regulated by an individual agreement and to matters not settled in the agreement, the following Terms and Conditions shall apply.
The details of order processing may be arranged in an individual agreement signed with a Customer. In the case of no individual arrangements, the following provisions shall apply.
The standard order processing time shall be 8-9 weeks and depends on the type and size of an order as well as production capacity and period in which it was placed (season). This time covers the time of selection and preparation of a product for shipment, however, it does not cover the delivery of the product to the Customer. Preparation of a product for shipment as well as its delivery shall take place only on business days.
In the case of some goods, order processing time can be longer/shorter, which shall be notified through information published directly on the Platform website next to the product or in response to an e-mail inquiry.
Order processing time shall start as of the payment of down payment. The remaining part shall be paid COD or by a prepayment to the Seller’s bank account. The method of payment shall be agreed at the time of order placement.
Any complaints shall be handled in accordance with chapter V hereof. 16 Jewellery shown on the pictures is not a part on the offer
IV. DELIVERY, PRICES AND AVAILABLE METHODS OF PAYMENTS
Delivery costs shall be calculated separately and their amounts shall be provided as of order placement for orders processed in Poland. Delivery cost for foreign orders shall be provided in the pro-forma invoice.
Delivery is performed in accordance with the form of delivery indicated by the Customer in the order or further correspondence.
The following forms of delivery are available:
a. personal collection in the Seller’s registered office upon prior mutual confirmation of the date of collection. The Seller shall not charge any fees for personal collection. In order to collect the product, a valid identity document (identity card, driving license, passport) and order identification data must be presented.
b. via a courier company, in which case the Customer shall be obliged to bear delivery costs according to the delivery price list, referred to in section
c. direct purchase in the Seller’s office. Indicative delivery costs are available in the table published on the Ship website in the “Shipment” tab, and their exact calculation shall take place as of order placement or in further correspondence.
Product prices on websites www.e-pat.pl and www.sklep.bugala.pl are gross values provided in Polish zlotys with VAT in accordance with the relevant applicable tax regulations.
Prices of the products presented on the Online Platformwww.bugala.pl shall be net prices.
Goods/Product prices shall not include the cost of delivery. Delivery costs as per selected form of delivery should be added to the price of the order.
The following methods of payment are possible:
7.1 A bank transfer to the Seller’s account - transfer data are included in the order confirmation sent to the Customer. Payment should be made in the amount consistent with the order amount as well as contain the exact order number or other number specified by the Seller.
7.2 On delivery - cash or debit card payment is collected in the Seller’s office as of product release.
A VAT invoice or receipt is attached to every order and it will be sent to the Customer together with the ordered product.
If a Customer selected prepayment as a method of payment and did not transfer the agreed amount to the Seller’s account at reasonable time, the order and its confirmation shall cease to apply - in such a case it is necessary to place an order again. Before cancelling an order, the Seller shall contact the Customer to agree on the date of payment or confirm cancellation of the order.
V. RETURNS AND COMPLAINTS
Product returns shall only be accepted in justified cases and after initial consultation with the Seller.
The costs of sending the returned Product to the Seller shall be borne by the Buyer.
Products ordered through the Online Platformwww.bugala.pl are each time performed on the Customer’s individual order and are not refundable (it does not refer to online shops) www.e-pat.pl and www.sklep.bugala.pl)
Products with a company logo (custom-made as commissioned by the Buyer) shall not be returned.
The real colours and material can differ from shown on the web sites. Materials and shades may also vary from the previous batch. Any complaints about that won’t be consider
Complaints concerning the goods/products delivered by the Seller shall be handled provided that they are reported not later than 14 days from the time of product release, i.e. sending the product to the Buyer or date of its personal collection.
The product under complaint should be sent immediately after discovery of a defect/damage of the product. It should also be properly secured and packed in such a manner so as to ensure safe transportation to the Seller.
In the case of non-conformity of goods and products to the agreement, the good/product under complaint, a letter defining the type of incompatibility as well as expected manner of fulfillment of the obligation. i.e. achieving conformity of the product to the agreement, its exchange, repair, should be sent back at the shop’s cost. Should the shop not be able to meet the Customer’s request, the Customer may demand their withdrawal from the agreement or price reduction.
Complaints shall be handled within 14 days of complaint placement and receipt of the parcel by the Seller.
Should the complaint be accepted as justified, the Seller shall bear the costs related to repeated delivery of new goods to the Buyer. The Seller, however, shall not cover the costs of shipment in the case of groundless or rejected complaint.
The Seller grants a 12-month warranty for products made by the Seller, available through the Online Platform www.bugala.pl.
The warranty shall not cover physical defects visible at the time of purchase to which the Customer agreed. It shall not also cover mechanical damage and defects appearing as a result of improper use of products, and in particular, damage arising due to chemical substances or high temperature.
The Seller’s warranty shall not cover the lighting, hinges and other products used when manufacturing the products, which are covered by a separate manufacturer’s warranty.
If together with the equipment also a warranty card of the manufacturer or a different entity other than the Seller is delivered, in order to report complaints and/or use the warranty service, the Buyer should refer to the contact data provided in the Warranty Card.
VII. PERSONAL DATA PROTECTION
The Seller shall be the administrator of personal data provided by Customers.
Placement of an order shall be tantamount to a consent to the storage and processing by P.A.T. spółka z ograniczoną odpowiedzialnością sp.k. with its registered office in Częstochowa at ul. Legionów 98 of personal data provided in the w Order Form and on the registration websitewww.e-pat.pl, www.bugala.pl as well as www.sklep.bugala.pl, in accordance with the provisions of the Personal Data Protection Act of 27 August 1997 (Dz. U. [Journal of Laws] No. 133 item 883 from 1997 as amended), for the purposes referred to in Article 23 section 1 point 3 (if it is necessary for performance of the agreement) and Article 23 section 1 point 5 in connection with Article 23 section 4 point 1 and point 2 of that Act.
The Seller undertakes to protect the Customer’s personal data in accordance with the ct referred to in section 1. The Buyer shall have the right to review their personal data, correct the, and request cessation of their use (processing) by P.A.T. Spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Częstochowa.
Special regulations, information and instructions related to protection of the Customer’s personal data are published on the Shop website and are available at ....
VIII. FINAL PROVISIONS
To matters not settled herein relevant provisions of Polish law shall apply.
If such is the Consumer’s wish, any disputable matters shall be resolved by mediation proceedings by the Voivodeship Inspectorates of the Trade Inspection or by court proceedings before a court of arbitration at the Voivodeship Inspectorate of Trade Inspection or by equivalent and legal methods of pre-court and out-of-court settlement of disputes indicated by the Consumer. As a last resort, the case shall be settled by a court of competent jurisdiction and proper venue, in accordance with provisions of relevant regulations. If the Customer concludes an agreement as a Consumer, the content of this section shall not violate the rights to which they are entitled under applicable law.
The current version of the Terms and Conditions shall always be available for the Buyer in the Terms and Conditions tab (http://e-pat.pl/pl/content/3-regulamin). During order processing and in the entire period of post-sale customer case, the Buyer shall be obliged to comply with the Terms and Conditions accepted by the Buyer at the time of order placement, except for a situation in which a Consumer considers it as less advantageous than the conditions stipulated in the current version and informs the Seller of the Consumer’s choice of the current Terms and Conditions as the binding version.
In the case of agreements signed with a Customer whose place of residence or registered office is located abroad, the agreement is concluded in English.
P.A.T. spółka z ograniczoną odpowiedzialnością sp. k.
42-200 Częstochowa, ul. Legionów 98
VAT ID: 573-020-72-88
Phone: +48 34 368 24 46
Bank account numbers:
EUR: PL 39 1050 1142 1000 0022 8762 8784
USD: PL 44 1050 1142 1000 0023 3390 4775