TERMS AND CONDITIONS OF THE BOHOBOCO.COM ONLINE STORE

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
  3. TERMS OF CONCLUDING SALES AGREEMENTS
  4. METHODS AND TERMS OF PRODUCT PAYMENTS
  5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
  6. PRODUCT COMPLAINTS (APPLIES TO SALES AGREEMENTS CONCLUDED BEFORE THE 25TH OF DECEMBER 2014)
  7. PRODUCT COMPLAINTS (APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25TH OF DECEMBER 2014)
  8. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELLAS RULES OF ACCESS TO THOSE PROCEDURES
  9. RIGHT TO WITHDRAW FROM AN AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED BEFORE THE 25TH OF DECEMBER 2014)
  10. RIGHT TO WITHDRAW FROM AN AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25TH OF DECEMBER 2014)
  11. RIGHT TO REPLACE A PRODUCT
  12. PROVISIONS REGARDING ENTREPRENEURS
  13. FINAL PROVISIONS


The bohoboco.com Online Store cares for the rights of consumers. The consumer cannot waiver the rights granted based on the Consumer Rights Act. Any agreement provisions less favorable to the consumer, than those in the Consumer Rights Act are void and in their place corresponding provisions of the Consumer Rights Act shall be applied. For that reason, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of consumers granted based on the strictly binding legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In the case of any possible nonconformity between the provisions of these Terms and Conditions with the above regulations, the above regulations take priority and shall be applied.

1. GENERAL PROVISIONS

1.1.
The Online Store available at the address bohoboco.com is operated by MICHAŁ LACH who operates a business enterprise under the business name BOHOBOCO MICHAŁ LACH entered into the Central Registry and Information on Business of the Republic of Poland (PL- CEIDG) kept by the competent minister of economy, with an address of business operation and service address at: ul. Mokotowska 67 lok. 7, 00-530 Warszawa, Tax ID 5531916579, REGON 072855719, electronic mail address: sklep@bohoboco.com
1.2.
These Terms and Conditions are intended for consumers, as well as entrepreneurs who use the Online Store (with the exception of section 11 of the Terms and Conditions, which is intended solely for entrepreneurs).
1.3.
The Service Provider is the Administrator of personal data processed in connection with the performing the provisions of these Terms and Conditions. Personal data is processed for the purposes, in the scope and on the basis of rules indicated in the privacy policy published on the Online Store’s website. The submission of personal data is voluntary. Each person whose personal data is processed by the Service Provider is entitled to view, update and amend their personal data.
1.4.
Definitions:
1.4.1.
WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2.
REGISTRATION FORM – an electronic form available at the Online Store which enables the establishment of an Account.
1.4.3.
ORDER FORM – Electronic Service, an interactive form available in the Online Store which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment.
1.4.4.
CUSTOMER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
1.4.5.
CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).
1.4.6.
ACCOUNT – Electronic Service, annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Online Store.
1.4.7.
NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Store.
1.4.8.
PRODUCT – a movable item or chattel available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
1.4.9.
TERMS AND CONDITIONS – the following Online Store terms and conditions.
1.4.10.
ONLINE STORE - the Service Provider’s store available at the Internet address: bohoboco.com.
1.4.11.
SELLER; SERVICE PROVIDER – MICHAŁ LACH who operates a business enterprise under the business name BOHOBOCO MICHAŁ LACH entered into the Central Registry and Information on Business of the Republic of Poland (PL- CEIDG) kept by the competent minister of economy, with an address of business operation and service address at: ul. Mokotowska 67 lok. 7, 00-530 Warszawa, Tax ID 5531916579, REGON 072855719, electronic mail address: sklep@bohoboco.com.
1.4.12.
SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Customer and the Seller via the Online Service website.
1.4.13.
ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store’s website.
1.4.14.
SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law bestows legal capacity – who uses or intends to use the Electronic Service.
1.4.15.
THE CONSUMER RIGHTS ACT, THE ACT – the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended)
1.4.16.
ORDER - a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE

2.1.
The Online Store provides access to the following Electronic Services: Account, Order Form, Forum and Newsletter.
2.1.1.
Account – use of the Account is possible after performing a total of three subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the „Register” field and (3) confirming creation of the Account by clicking the confirmation link automatically sent to the e-mail address provided by the User. The Registration Form requires the Service User to provide the following data: e-mail address and password. Creation of an Account is also possible during placement of an Order – in this case the Account shall be created together with the placed Order.
2.1.1.1.
The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider, in particular via e-mail at the address: sklep@bohoboco.com or in writing at the address: BOHOBOCO, ul. Elektoralna 12A/lokal usługowy 3, 00-139 Warszawa.
2.1.2.
Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Confirm purchase” button on the Online Store’s Website after filling out the Order form – from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Customer to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and information regarding the Sales Agreement: Product/s, quantity of Products, place and method of Product delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.
2.1.2.1.
The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3.
Newsletter – use of the Newsletter commences after completion by the User of a total of three steps – (1) provision of an e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab available at the Online Store’s website, (2) clicking the „Add” field and (3) confirming the Newsletter subscription by clicking the confirmation link sent to the e-mail address provided.
2.1.3.1.
The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, particularly via e-mail at the address: sklep@bohoboco.com or in writing at the address: BOHOBOCO, ul. Elektoralna 12A/lokal usługowy 3, 00-139 Warszawa.
2.2.
Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabled option to save Cookie files and Javascript support in the Internet browser.
2.3.
The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which is true and accurate. The Service User is also prohibited from entering content which is illegal in nature.
2.4.
Complaint procedure:
2.4.1.
Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Service (excluding the Product complaint procedure, which is described in pts. 6 and 7 of the Terms and Conditions) can be submitted by the Service User:
2.4.2.
in writing at the address: BOHOBOCO, ul. Elektoralna 12A/lokal usługowy 3, 00-139 Warszawa;
2.4.3.
electronically via e-mail at the following address: sklep@bohoboco.com;
2.4.4.
In the complaint description it is recommended for the Service User to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the irregularity; (2) the Service User’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
2.4.5.
The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.

3. TERMS OF CONCLUDING SALES AGREEMENTS

3.1.
Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order by the Customer via the Order Form available in the Online Store, according to pt. 2.1.2 of the Terms and Conditions.
3.2.
The Product price visible on the Online Service’s website is given in Polish zlotys (PLN) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sale’s Agreement.
3.3.
Procedure of Sales Agreement Conclusion at the Online Store using the Order Form
3.3.1.
Conclusion of a Sales Agreement between the Customer and Seller takes place after prior placement by the Customer of an Order in the Online Store as per pt. 2.1.2 of the Terms and Conditions.
3.3.2.
After placement of the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Customer a message at the e-mail address provided by the Customer, containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.
3.4.
The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the message mentioned in pt. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.

4. METHODS AND TERMS OF PRODUCT PAYMENT

4.1.
The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:
4.1.1.
Cash on delivery during receipt of the parcel (only for orders within the borders of Poland).
4.1.2.
Payment via transfer to the Seller’s bank account (only for orders within the borders of Poland).
4.1.2.1.
Bank: Powszechna Kasa Oszczędności Bank Polski SA.
4.1.2.2.
Account number: 23 1020 1097 0000 7302 0259 3598.
4.1.3.
Electronic and pay-card payments via the PayU or PayPal.com services – up to date possible payment methods are provided on the Online Store’s website under the “Delivery and payment” tab and on the http://www.payu.pl website.
4.1.3.1.
Settlements of electronic and pay card payment transactions are carried out according to the Customer’s choice via the PayU or PayPal.com service. Servicing of electronic and pay card payments is handled by:
4.1.3.1.1.
PayU.pl –PayU S.A. company with a registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000274399, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznaniu, share capital in the amount of 4.000.000 PLN fully paid up, Tax ID: 779-23-08-495.
4.1.3.1.2.
Paypal.com –PayPal (Europe) S.à r.l. & Cie, S.C.A. Company, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.
4.2.
Payment term:
4.2.1.
If the Customer selects payment via bank transfer, electronic or pay card payment, the Customer is obliged to issue the payment within 2 Working Days from the Sales Agreement conclusion date.
4.2.2.
If the Customer selects the cash on delivery payment method, the Customer is obliged to issue the payment upon receipt of the parcel.

5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES

5.1.
Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The Product delivery cost (including transport, delivery and postal service charges) are made available to the Customer on the Online Store’s website under the “Delivery and payments” tab and during placement of an Order, as well as at the time of the Customer expressing the will to enter into a Sales Agreement.
5.2.
The Seller offers Customers the following Product delivery methods:
5.2.1.
Courier parcel, cash on delivery courier parcel.
5.3.
The Term of Product delivery to the Customer is up to 14 Working Days within the territory of Europe and up to 21 Working Days outside of Europe, unless a shorter term is provided in the description of a given Product or at the time of Order placement. In the case of Products with varying delivery terms, the longest of the provided terms is applicable, however it cannot exceed the terms indicated above. Commencement of the term of Product delivery to the Customer is counted as follows:
5.3.1.
If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account.
5.3.2.
If the Customer selects the cash on delivery payment method – from the Sales Agreement conclusion date.

6. PRODUCT COMPLAINTS (APPLIES TO SALES AGREEMENTS CONCLUDED BEFORE THE 25TH OF DECEMBER 2014)

6.1.
The basis and scope of the Seller’s liability towards the Customer, who is a natural person purchasing a Product for a purpose unrelated with professional or business activity, due to nonconformity of a Product with the Sales Agreement are specified by the generally applicable laws, especially, especially the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended).
6.2.
Detailed information regarding the Sellers product liability and the Customer’s rights is provided at the Online Store’s website under the “Product Complaint” tab.
6.3.
A complaint claim (also including the notification of a Product’s nonconformity with the Sales Agreement and notification of a request regarding the method of restoring the Product to a condition in line with the Sales Agreement, or statement regarding price reduction or withdrawal from the Sales Agreement) can be filed by the Customer:
6.3.1.
in writing at the address: BOHOBOCO, ul. Elektoralna 12A/lokal użytkowy 3, 00-139 Warszawa;
6.3.2.
electronically via e-mail at the address: sklep@bohoboco.com;
6.4.
In the complaint description it is recommended for the Customer to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the fault; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
6.5.
The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission. If the Seller does not respond to the complaint within the abovementioned period, it means that the Seller has deemed the complaint as justified.
6.6.
In the event, where in order for the Seller to address the Customer’s claim or to exercise the Customer’s rights associated with the Product’s nonconformity with the Sales Agreement it is necessary to deliver the Product to the Seller, the Customer shall be asked by the Seller to deliver the Product at the Seller’s cost to the address BOHOBOCO, ul. Elektoralna 12A/lokal usługowy 3, 00-139 Warszawa. If, however, due to the type of nonconformity, type of Product or method of its installation delivery of the Product by the Customer would prove impossible or excessively difficult, the Customer shall, after prior arrangement of a date, make the Product available to the Seller at the Product’s current location.
6.7.
The request to deliver a Product, mentioned in clause 6.6 of the Terms and Conditions has no effect on the Seller’s time to address the Customer’s claim, as specified in clause 6.5 of the Terms and Conditions.
COMPLAINT FORM: [click to download]

7. PRODUCT COMPLAINTS (APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25TH OF DECEMBER 2014)

7.1.
The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal fault (warranty) are specified by the generally applicable laws, especially the Civil Code.
7.2.
The Seller is obliged to provide the Customer with a Product without faults. Detailed information regarding the Sellers product liability and the Customer’s rights is provided at the Online Store’s website under the “Product Complaint” tab.
7.3.
A complaint can be submitted by the Customer in the following ways:
7.3.1.
in writing at the address: BOHOBOCO, ul. Elektoralna 12A/lokal użytkowy 3, 00-139 Warszawa;
7.3.2.
electronically via e-mail at the address: sklep@bohoboco.com;
7.4.
In the complaint description it is recommended for the Customer to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the fault; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
7.5.
The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission. If the Seller does not respond to the complaint within the abovementioned period, it means that the Seller has deemed the complaint as justified.
7.6.
In the event, where in order for the Seller to address the Customer’s claim or to exercise the Customer’s rights resulting from the warranty it is necessary to deliver the Product to the Seller, the Customer shall be asked by the Seller to deliver the Product at the Seller’s cost to the address BOHOBOCO, ul. Elektoralna 12A/lokal usługowy 3, 00-139 Warszawa. If, however, due to the type of nonconformity, type of Product or method of its installation delivery of the Product by the Customer would prove impossible or excessively difficult, the Customer shall, after prior arrangement of a date, make the Product available to the Seller at the Product’s current location.
7.7.
The request to deliver a Product, mentioned in clause 7.6 of the Terms and Conditions has no effect on the Seller’s time to address the Customer’s claim, as specified in clause 7.5 of the Terms and Conditions and is without prejudice to the Customer’s right to demand the uninstallation by the Seller of the faulty Product and re-installation of a Product free from faults or the removal of a fault, as specified in art. 561[1] of the Civil Code.
COMPLAINT FORM: [click to download]

8. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELLAS RULES OF ACCESS TO THOSE PROCEDURES

8.1.
Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available at the offices and websites of district (municipal) consumer advocates, social organizations, whose statutory tasks include the protection of consumers, Regional Commercial Inspection Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php
8.2.
A Customer who is a consumer has the following options of extrajudicial methods of settling complaints and asserting claims:
8.2.1.
The Customer is entitled to address the amicable consumers’ court which is mentioned in art. 37 of the 15th of December 2000 Commercial Inspection Act (Journal of Laws of 2001, no. 4 pos. 25 further amended) with an application to settle a dispute resulting from the concluded Sales Agreement. The regulations of the organization and functioning of amicable consumers’ courts are specified by the 25th of September 2001 decree by the minister of justice on the definition of rules of organization and operation of amicable consumers’ courts (Journal of Laws of 2001, no. 113, pos. 1214).
8.2.2.
The Customer is entitled to address the regional inspector of the Commercial Inspection authority in accordance with art. 36 of the 15th of December 2000 Commercial Inspection Act (Journal of Laws of 2001 no. 4 pos. 25 further amended) with an application to institute a mediation proceeding regarding the amicable settlement of a dispute between the Customer and Seller. Information regarding the rules and procedures of mediation conducted by the regional inspector of the Commercial Inspection authority is available at the offices or on the websites of corresponding Commercial Inspection Regional Inspectorates.
8.2.3.
The Customer may receive free of charge aid in the matter of settling a dispute between the Customer and the Seller, using the free of charge aid of the district (municipal) consumer advocate or a social organization, whose tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association). Advice is provided by the Consumers’ Federation under the free of charge consumer hotline number 800 007 707 and by the Polish Consumers’ Association at the e-mail address porady@dlakonsumentow.pl.

9. RIGHT TO WITHDRAW FROM AN AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED BEFORE THE 25TH OF DECEMBER 2014)

9.1.
A Consumer who entered into an agreement remotely may within ten calendar days withdraw from said agreement without stating a cause. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration may be submitted:
9.1.1.
in writing at the address: BOHOBOCO, ul. Elektoralna 12A/lokal użytkowy 3, 00-139 Warszawa;
9.1.2.
electronically via e-mail at the address: sklep@bohoboco.com;
9.2.
An example agreement withdrawal form template is available at the Online Store’s website under the “Return and replacement” tab. The consumer may use the form template, but is not required to do so.
9.3.
The ten day deadline within which a consumer may withdraw from the agreement commences on the Product release day in case of a Sales Agreement, and on the conclusion day in case of an Agreement for the provision of an Electronic Service.
9.4.
In the event of withdrawal, the agreement is considered null and void and the consumer released of all obligations. Whatever the parties have furnished is subject to return unchanged, save when a change was necessary in the ordinary course of business. The return should take place without delay, no later than within fourteen calendar days. If the consumer has made any prepayments, these shall be returned together with statutory interest accrued from the date of prepayment.
9.5.
The seller shall return all issued payments to the consumer, including the cost of delivering the Product to the Customer, to the bank account number specified by the consumer, unless the consumer specified another method. The consumer may return the Product to the Seller at the address: BOHOBOCO, ul. Elektoralna 12A/lokal usługowy 3, 00-139 Warszawa.
9.6.
The right to withdraw from an agreement concluded remotely does not apply in the case of: (1) performance of services commenced with the consent of the consumer, before the expiry of the term specified in clause 9.1 and 9.3 above; (2) agreements relating to the provision of audio or video recordings and data stored on electronic data carriers after removal of the original packaging by the consumer; (3) agreements in which the price or remuneration depends on fluctuations on the financial market; (4) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (5) agreements in which the provided Product cannot be returned due to its highly perishable nature; (6) agreements for the delivery of press; (7) services in the area of gambling.

10. RIGHT TO WITHDRAW FROM AN AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25TH OF DECEMBER 2014)

10.1.
A Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs incurred in clause 10.8 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration may be submitted:
10.1.1.
in writing at the address: BOHOBOCO, ul. Elektoralna 12A/lokal użytkowy 3, 00-139 Warszawa;
10.1.2.
electronically via e-mail at the address: sklep@bohoboco.com;
10.2.
An example agreement withdrawal form template is included as appendix no. 2 to the Consumer Rights Act and additionally available at the Online Store’s website under the “Returns and replacement” tab. The Consumer may use the template form, however it is not obligatory.
10.3.
The course of the term to withdraw from the agreement begins:
10.3.1.
for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;
10.3.2.
for other agreements – on the agreement conclusion date.
10.4.
In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
10.5.
The Seller is obliged to immediately, no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, to refund all payments issued by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer other, than the least expensive regular method of delivery offered by the Online Store). The Seller issues the payment refund using the same method of payment used by the Consumer, unless the consumer has clearly consented to a different refund method which is not associated with any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer, the Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.
10.6.
The Consumer shall without delay, no later than within 14 calendar days from the agreement withdrawal date, return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the above deadline, it is sufficient to send the Product back before the deadline expires. A consumer may return the Product at the address: BOHOBOCO Michał Lach, ul. Elektoralna 12A/lokal usługowy 3, 00-139 Warszawa.
10.7.
The Consumer bears responsibility for degradation of a Product’s value as a result of its use beyond the scope necessary to determine the Product’s nature, features and functioning.
10.8.
Possible costs associated with the Consumer’s withdrawal from the agreement payable by the Consumer:
10.8.1.
If the consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Store, the Seller is not obliged to refund any additional costs incurred due to this fact to the consumer.
10.8.2.
The Consumer bears the direct costs of Product return.
10.8.3.
In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.
10.9.
The right to withdraw from an agreement concluded remotely does not apply in the case of:
10.9.1.
(1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements concerning the delivery of alcoholic beverages, whose price was agreed upon during conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) agreements in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally renders other services than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery; (10) agreements regarding the delivery of daily journals, periodic journals or magazines, with the exception of subscription agreements; (11) agreements entered into by way of public auction; (12) agreements for the provision of services in the area of accommodation other than for residential purposes, transport of items, lease of vehicles, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision; (13) agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.
FORM OF WITHDRAWAL: [click to download]

11. PRAWO WYMIANY PRODUKTU

11.1.
Regardless of the provisions in clauses 6, 7, 9 and 10 of the Terms and Conditions, the Customer is entitled to replace a Product for another Product available on the Online Store within 14 days from the Customer’s Product receipt date, without stating a cause. In order to meet the above deadline, it is sufficient to send a declaration before its expiry. The declaration may be sent at the address: BOHOBOCO, ul. Elektoralna 12A/LU 3, 00-139 Warszawa or at the e-mail address: sklep@bohoboco.com.
11.2.
A product may be replaced for another Product with features specified by the Customer, provided it is available on the Online Store. In case of a price difference between the Product subject to replacement and the one, with which it shall be replaced, that difference shall either be paid by the Customer, or refunded by the Seller. A Product replaced in this manner shall be in an unchanged state, save for when a change was necessary in the ordinary course of business. The Customer is asked to send the Product back to the address: BOHOBOCO, ul. Elektoralna 12A/LU 3, 00-139 Warszawa.
11.3.
The cost of returning the Product subject to replacement to the Seller is borne by the Customer. The cost of sending the new Product to the Customer is borne by the Seller. The Seller shall replace the Product without delay, no later than within fourteen days from the receipt date of the Product subject to replacement.

12. PROVISIONS REGARDING ENTREPRENEURS

12.1.
This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service users who are not consumers.
12.2.
The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.
12.3.
In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
12.4.
Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.
12.5.
In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.
12.6.
In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.
12.7.
Any disputes arising between the Service Provider/Seller and the non-consumer Service User/Client shall be settled by a court of competent jurisdiction over the Service Provider’s/Seller’s seat.

13. FINAL PROVISIONS

13.1.
Agreements concluded through the Online Store are drawn up in Polish.
13.2.
Amendment of Terms and Conditions:
13.2.1.
The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.
13.2.2.
In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384[1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
13.2.3.
In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
13.3.
In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Agreements concluded before the 24th of December 2014 with consumer Customers – provisions of the 2nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales agreements concluded after the 25th of December 2014 with consumer Customers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.
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