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+48 691 838 918

Regulations

REGULATIONS OF THE WWW.BLOTNIKITYLNE.PL ONLINE STORE

I. GENERAL PROVISIONS

1. The Regulations define the rules of use by Users, including Buyers, of the Store run by the Seller.
2. The Regulations are continuously available on the Store's website in a way that allows Users to obtain, reproduce and record its content.

II. DEFINITIONS

The terms used in the Regulations mean:
1. The owner of this online store is Mirosław Nocuń, conducting business activity H.O.A.P. IMPORT EKSPORT MIROSŁAW NOCUŃ, NIP 9290030102, with its registered office in Zielona Góra 65-012, at ul. Sasankowej 27.
2. The owner of the store sells the products it offers, i.e. concludes sales agreements with buyers.
3. Seller – an entity that sells goods within the Store.
4. Store – a collection of websites and IT tools (internet service) managed by the Seller and allowing Users to conclude Sales Agreements, available in the Internet domain:
5. Buyer – a User who has concluded a Sales Agreement within the Store.
6. Sales Agreement (Agreement) – an agreement concluded in the Store on the principles resulting from the Regulations between the Seller and the Buyer, the subject of which is the sale of goods to the Buyer.
7. Regulations – these Store Regulations.
8. Materials – information contained on the Store's websites, including names and descriptions and photos and graphic illustrations of goods, designations of manufacturers of goods.
9. User – an Internet user using the Store, purchasing or intending to purchase goods or services presented by the Seller via the Store.


III. METHOD OF COMMUNICATION WITH THE SELLER

1. The User may communicate with the store owner:
a) in writing – to the correspondence address H.O.A.P. IMPORT EKSPORT MIROSŁAW NOCUŃ, Zielona Góra 65-012, ul. Sasankowa 27.
b) by phone – at the phone number: +48 691 838 918
c) electronically – at the e-mail address m-nocun@o2.pl

IV. GENERAL TERMS OF USE OF THE STORE

1. The User may use the Store via devices communicating with the Internet (computer, telephone, tablet), using an Internet browser.
2. The Store Owner shall not be liable for any damage caused by the User providing false, outdated or incomplete data in the forms referred to in chapter
3. Data provided by the User may not violate the provisions of currently applicable law and personal rights and rights of third parties.
4. The use by the User of the name of the Store Owner, the Store logo, Materials and other than Materials components of the Store (including graphic elements of the Store and the layout and composition of the Store - the so-called layout) is prohibited except for situations expressly indicated in the Regulations or when the use of the copyright objects and industrial property objects indicated in this point is possible on the basis of the express written consent of the Store Owner or authorized third parties (including manufacturers or distributors of goods or services). The User is prohibited from taking any action aimed at recreating the Store, in particular on websites and in Internet domains associated with the User.
V. USING THE STORE
1. Users have the option of using the Store, including concluding Agreements.
2. Placing an order in the Store is possible after providing the information necessary to complete the order, setting up a user account in the store and after accepting the regulations.

VI. PLACING ORDERS IN THE STORE - CONCLUSION OF AN AGREEMENT

1. The User may place orders in the Online Store 24 hours a day/7 days a week/365 days a year, provided that orders placed after 11:00 and on public holidays will be processed the next business day. Services may be unavailable during periodic store maintenance and in the event of a failure.
2. Before placing an order, the User places the selected goods that they intend to buy in a virtual basket. The virtual basket is a tool that allows the User to calculate the value of goods collected in the basket and calculate the costs of their delivery. When selecting goods, the User may freely manage the contents of the basket by adding more products to the basket or removing them from the basket. 
3. The products offered in the Seller's store may be both used and new products. New products have information in their description that they are new. Used products are in their essence used products that require re-varnishing or other types of repairs, they may also have other types of physical defects, which have been described in detail by the Seller in the description and presented in the attached photos. Photos and descriptions of the products posted in the Online Store are illustrative materials, the purpose of which is only to enable the User to develop a general idea of ​​the properties, appearance and performance parameters of the product. In particular, the appearance of the Goods in the photos presented in the Online Store may differ slightly from their external appearance
4. After the final selection of goods intended for purchase, the User is redirected to an online form used to place orders in the Store.
5. To place an order, the user must provide their contact details and create an account in the online store.
6. By creating an account in the store, the User will have access to the history of their orders, and will also be able to change their data at any time.
7. Placing an order constitutes an offer within the meaning of the Civil Code, submitted by the User to the Store Owner. After receiving the order, the Store Owner verifies whether the order was placed correctly (in accordance with the provisions of the Regulations). If the Store Owner determines that the order was placed incorrectly, the Store Owner will inform the User about this.
8. After confirming the correctness of the order, the Store Owner will immediately send the User information about the acceptance of the order (acceptance of the offer) to the e-mail address provided when placing the order.
9. The Store fulfills orders only in the territory of the Republic of Poland.
10. After paying for the order, the Seller issues an invoice or receipt to the Buyer.

VII. PAYMENT OF THE PRICE

1. Payments for goods purchased in the Store by the Buyer (price and delivery costs) are made using payment tools provided in the Store and on the terms specified by the Store Owner.
2. All prices in the Store are gross prices, including value added tax (VAT) in the amount resulting from separate regulations. The costs of delivery of goods to the Buyer are given separately.
3. The User purchases goods and orders services according to the prices and delivery costs applicable at the time of placing the order. The amount of delivery costs depends on the dimensions of the shipment.
4. The Seller reserves the right to change prices and delivery costs, in particular in the event of a change in the price lists of services provided by entities carrying out deliveries. This provision does not apply to orders already being processed and placed.
5. The Buyer may pay for the purchased goods by selecting one of the following options:
a) regular transfer to the seller's bank account no. 87132015375292349480000001 
b) cash on delivery option (payment on delivery)
c) transfer via electronic payments via the przelewy24.pl platform

VIII. DELIVERY.

1. The goods will be delivered to the Buyer's address in packaging adapted to the assortment properties and meeting the conditions of transport and receipt, as well as in a way that protects them against damage or destruction during transport. The Seller is responsible for damage, destruction or loss of goods resulting from improper packaging or marking.
2. The goods will be delivered by various companies involved in the transport and delivery of goods, with which the Seller cooperates. The Buyer will be informed about the details of the carrier who will deliver the goods ordered by the Buyer. 
3. The delivery time depends on the availability of the goods and the time the carrier has provided for delivery. The order processing time by the Seller is standard 24 hours, however, for some items it may be extended to 7 working days.
4. If the Seller is unable to fulfill the service due to the fact that the goods are not available, he will immediately, but no later than 7 days from the conclusion of the Agreement, notify the Buyer and return the entire amount of money received from him, if any amount has already been paid. 
5. If the Seller is unable to perform the service with the properties individually ordered by the Buyer due to a temporary impossibility and its fulfillment, the Buyer is entitled to withdraw from the contract. The Seller may, with the Buyer's consent, provide a substitute service, corresponding to the same quality and purpose and for the same price or remuneration or in another manner agreed by the parties. 
6. The Seller is not liable for failure to deliver the goods due to reasons attributable to the Buyer - e.g. due to providing an incorrect delivery address. 
7. The Buyer is obliged to check the condition of the shipment in the presence of the carrier delivering the goods. He is obliged to draw up a protocol of any destruction and damage to the shipment, as well as not to accept the shipment that is damaged. Goods damaged in transport, for which the Buyer did not draw up a damage protocol, will not be accepted by the Seller.

IX. PERSONAL DATA PROTECTION

1.  The administrator of personal data is Mirosław Nocuń, conducting business activity H.O.A.P. IMPORT EKSPORT MIROSŁAW NOCUŃ,  NIP 9290030102, with its registered office in Zielona Góra 65-012, at ul. Sasankowa 27.
2. A Data Protection Inspector has been appointed in the company, who can be contacted at the e-mail address: m-nocun@o2.pl and correspondence address: H.O.A.P. IMPORT EKSPORT MIROSŁAW NOCUŃ, Zielona Góra 65-012, ul. Sasankowa 27, by telephone +48 691 838 918.
3. H.O.A.P. IMPORT EKSPORT MIROSŁAW NOCUŃ guarantees the protection of personal data and the processing of personal data in accordance with the Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”).
4. Personal data of Customers or persons acting on their behalf will be processed on the basis of art. 6 sec. 1 lit. b) GDPR for the purpose of performing the contract for the provision of Electronic Services, i.e. in order to enable the creation of an Account, maintenance of the Account and its functionalities, sending Newsletters and performing other Electronic Services, as well as for the purpose of performing Contracts to which the Customer is a party or taking action at the request of the Customer before concluding the Contract, i.e. effective placement of Orders. Personal data will also be processed for purposes resulting from the legitimate interests of H.O.A.P. IMPORT EKSPORT MIROSŁAW NOCUŃ, i.e. on the basis of art. 6 sec. 1 letter f) GDPR, including for the purpose of marketing own goods and services (in paper form), optimizing the operation of the Website, adapting information provided via the Website to the needs of Customers, statistics and maintaining ongoing contact with Customers. After expressing separate consent, pursuant to art. 6 sec. 1 letter a) of the GDPR, data may also be processed for the purpose of sending Newsletters. The Client's personal data may also be processed pursuant to art. 6 sec. 1 point c of the GDPR for accounting and bookkeeping purposes, when the performance of the Agreements and the Electronic Services provided within the Service is related to accounting and tax obligations resulting from the provisions of law.
5. Personal data may be processed in an automated manner, including in the form of profiling. The consequence of profiling will be assigning a profile to the Client, in order to conduct analyses or predict their preferences, behaviors, attitudes and to adapt information provided via the Service to the needs of the Clients.
6. In the event of the necessity to execute the Agreement, the Customer's personal data may be made available to postal operators or carriers solely for the purpose of delivering the Goods to him. Personal data may be disclosed to employees or associates of H.O.A.P. IMPORT EKSPORT MIROSŁAW NOCUŃ, as well as to entities providing support on the basis of commissioned services and in accordance with the concluded agreements on entrusting personal data for processing.
7. Personal data processed for purposes related to the use of the Service, including for the purpose of performing Electronic Services, will be processed for the duration of the Account. The Customer's personal data processed for the purpose of executing the Agreements will be processed for the limitation period for claims under sales agreements. Personal data processed for the purpose of sending Newsletters (for which separate consent of the Customer is required) will be processed until the consent is withdrawn. Personal data processed for the purpose of marketing the Company's products and services in paper form, i.e. on the basis of the so-called legitimate interest (which does not require consent) will be processed until an objection to such processing is filed.
8. The customer has the right to access the content of their personal data and the right to rectify, delete, limit processing, the right to transfer data, the right to file an objection, and in the case of processing personal data on the basis of and the right to withdraw consent at any time, without affecting the previous compliance of the processing with the law. In the event that it is found that the processing of personal data violates the provisions of the GDPR, the data subject has the right to lodge a complaint with the President of the Office for Personal Data Protection.
9. Providing personal data is voluntary, however, providing designated personal data is necessary to set up an Account and use the Electronic Services provided on the Website, as well as to place Orders and conclude Agreements, while the consequence of not providing them will be the inability to use the Electronic Services and the inability to place Orders.
10. Detailed provisions relating to the Privacy Policy are posted on the Website at the following address:

X. WITHDRAWAL FROM THE AGREEMENT

1. The Buyer who is a consumer within the meaning of the Consumer Rights Act of 30 May 2014, who has concluded an Agreement with the Seller using the Store, has the right to withdraw from the Agreement without giving any reasons and without incurring any costs. In order to withdraw from the Agreement, the Buyer is obliged to submit a declaration to the Seller in this regard within 14 days from the date of receipt of the purchased goods. To meet the deadline, it is sufficient to send a declaration of withdrawal from the Agreement before its expiry to the company's correspondence address or send a signed declaration of withdrawal to the e-mail address m-nocun@o2.pl. In the event of sending the withdrawal electronically, the Buyer will immediately receive a return message confirming receipt of the declaration of withdrawal from the Agreement. The declaration of withdrawal may be submitted on a form, the template of which constitutes Annex No. 1 to these Regulations.
2. In the event of withdrawal from the Agreement, referred to in point 1, the Agreement is considered not to have been concluded. The Buyer who is a consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the Agreement, unless the Seller has offered to collect the goods himself. To meet the deadline, it is sufficient to return the goods before it expires.
4. In the event of withdrawal from the Agreement, the Buyer who is a consumer covers the costs of returning the goods.
5. The goods may have security measures in the form of seals and stickers. In the event of a breach or interruption of these safeguards, the buyer will not be entitled to exercise the right to withdraw from the contract.
6. In the event of withdrawal from this contract by the Buyer, the Seller shall return to the Buyer and all payments received from the Buyer, including the costs of delivering the goods (except for additional costs resulting from the Buyer's choice of a method of delivery other than the cheapest standard method of delivery offered by the Seller) immediately, and in any case no later than 14 (fourteen) days from the date of receipt by the Seller of the Buyer's declaration of withdrawal from the Sales Agreement, subject to point 7 above.
7. The Seller may withhold the return of payments until the goods are received or until the Seller is provided with proof of their return, depending on which event occurs first.
8. If the Buyer who is a consumer has chosen a method of delivery of the goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Buyer who is a consumer for the additional costs incurred by him. 

XI. COMPLAINT PROCEDURE

1.The Buyer is entitled to the rights arising from the Seller's liability for defects in the goods under the warranty to the extent specified in the Act of 23 April 1964 - Civil Code (Journal of Laws 1964 No. 16 item 93, as amended), subject to the exclusions indicated in paragraphs 6 and 7 below.
2.The Buyer is obliged to prepare a protocol of destruction of the goods or detection of a defect and send it back together with the goods to the Seller. 
3. Complaints can be submitted, among others, in electronic form using the e-mail address provided when placing the order or in writing to the Seller's address.
The complaint should include:
a. first name, last name, address, e-mail address of the Buyer
b. date of conclusion of the Agreement constituting the basis for the complaint,
c. subject of the complaint, indicating the Buyer's request
d. all circumstances justifying the complaint.
4. The Buyer will be informed about the resolution of the complaint within fourteen days from the date of receipt of the complaint by the Seller.
5. The costs related to the complaint procedure are covered by the Seller.
6. In relation to the Buyer who is not a consumer within the meaning of the provision of art. 221 of the Code in the Civil Code, the Seller's liability under the warranty is excluded on the basis of the provisions of art. 558 § 1 of the Civil Code.
7. In relation to the Buyer who is a consumer within the meaning of the provisions of art. 221 of the Civil Code, when the subject of sale is a used movable item, on the basis of art. 568 § 1 of the Civil Code, the Seller's liability under the warranty is limited to one year from the date of delivery of the item to the Buyer.


XIII. TECHNICAL INTERRUPTIONS

1. The Seller shall not be liable for lack of access to the Store caused by factors of force majeure.
2. The Seller reserves the right to interruptions in access to the Store caused by its technical service, maintenance work or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that the aforementioned breaks take place at night and last as short as possible.

XIV. FINAL PROVISIONS

1. These regulations enter into force on October 1, 2022.
2. The Seller reserves the right to change the provisions of the Regulations. The Seller undertakes to continuously provide information on the planned change to the regulations within 14 days before the planned change on the Store's website. The change comes into force after 14 days from the date of posting the information in the above-mentioned mode.
3. The change to the Regulations does not apply to orders placed before the new Regulations enter into force.
4. In all matters not regulated in these Regulations, the provisions of generally applicable Polish law shall apply, in particular the provisions of the Civil Code, the Personal Data Protection Act, the Act on the provision of services by electronic means, and the Consumer Rights Act. 
5. Any disputes between the parties may be resolved by a competent common court.
6. Disputes arising from these Regulations may be resolved using out-of-court methods of handling complaints and pursuing claims, in particular by permanent consumer arbitration courts at the provincial inspectors of the Trade Inspection, in mediation proceedings conducted by the Trade Inspection and in proceedings conducted by the European Consumer Centre in Poland. 
7. None of the provisions of these regulations are intended to violate the rights of the Customer. It cannot be interpreted in this way either, because in the event of any inconsistency of any part of the regulations with applicable law, the Seller declares unconditional submission to and application of this law in place of the disputed provision of the regulations.


Annex to the Regulations. Sample declaration of a Buyer who is a consumer on withdrawal from the contract.