ONLINE SHOP TERMS AND CONDITIONS

 

Those Terms and Conditions (“T&C”) are addressed to Consumers and Entrepreneurs (hereinafter collectively referred to as: “Customers”), who are using the Shop. The T&C specify the rules of usage of the Shop as well as rules and procedures regarding conclusion with the Customer the distance Sales Agreements, through the Shop.

  • 1. Definitions
  1. Seller – Tomasz Labus, sole proprietor doing business as: Bubble Brothers – Tomasz Labus, domiciled in Poznań at the following address: ul. Romka Strzałkowskiego 10a/24, 60-855 Poznań, NIP: 9910422056, REGON: 366567683.
  2. Customer – any subject, who has concluded or intents to conclude the Sales Agreement with the Seller.
  3. Consumer – a natural person, who concludes the distance Agreement with the Seller through the Shop, for the purposes not being directly connected with his economic or professional activity.
  4. Entrepreneur –a natural person, a legal person and an organizational units, not being a legal person, but to whom a separate act has granted a legal capacity that carries on an economic or professional activity on their own behalf and who purchases in the Shop.
  5. Terms and Conditions – these T&C; in the scope of the electronically supplied services, these T&C constitute the Terms and Conditions, referred to in the Art. 8 of the Act of 18 July 2002 on provision of services by electronic means (Polish Journal of Laws 2017, pos. 1219, and its subsequent amendments).
  6. Shop – Web Site maintained by the Seller, available at bubblebrothers.eu, through which the Customer may place an Order.
  7. Good – a movable thing, presented in the Online Shop, to which the Sales Agreement relates.
  8. Sales Agreement – sales agreement of Goods, within the meaning of the Act of 23 April 1964 Civil Code (Journal of Laws from 2018, pos. 1025 and its subsequent amendments, hereinafter referred to as the “Civil Code”), concluded between the Seller and the Customer.
  9. Distance Agreement – an Agreement concluded between the Seller and the Customer, within the scope of the Shop’s business activity, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication and including the time at which the Agreement is concluded (hereinafter referred to as “the Agreement”).
  10. Order – a declaration of Customer’s intent made by means of the Order Form, aims directly at concluding of the Sales Agreement.
  11. Order Form – interactive form available on the Shop’s Web Site, allowing to place an Order and (on the grounds of the Customer’s declaration of intent) to create an Account in the Shop.
  12. Account – Customer’s Account with the Shop, part of the Shop’s software (type of an Electronic Service), in which the data provided by the Customer and the information on the Orders placed by him with the Shop are collected. The Account may be also used by the Customer to edit his data and to a potential change of the delivery address. The Account is marked with an individual name (login) and a password indicated by the Customer. This password may be modified by the Customer at any time.
  13. Shopping Cart – part of the Shop’s software, in which the Goods chosen by the Customer are visible and where the determination and modification of the Order’s data is possible (in particular regarding the quantity of Goods).
  14. Work day – one day from Monday to Friday, not including the statutory days off works.
  15. Electronic services – a service rendered electronically by the Seller to the Customer via Shop. The Electronic services are: the Account and the Order Form.
  16. Newsletter – an electronic distribution service, rendered by the Seller through the electronic mail (email), which makes it possible for every Customer, who is using it, to receive automatically from the Seller a periodic content of the future editions of the Newsletter, which contain information about the Goods, news and promotions in the Shop.
  • 2. General provisions
  1. The Shop, available at: bubblebrothers.eu, is conducted by the Seller.
  2. The scope of business activity of the Seller involves a wholesale and a retail distribution of the Good.
  3. Contact with the Seller:
  • telephone number: 0048 604 657 604
  • e-mail-address: shop@bubblebrothers.eu
  • address for correspondence (mail): Romka Strzałkowskiego 10a/24, 60-855 Poznań.
  1. The Customer may contact the Seller by telephone between 9:00 and 17:00.
  2. In order to place the Order with the Shop by the Customer, he shall get acquainted with the T&C and accept it during the realization of the Order.
  3. All Goods offered in the Shop are new, manufactured by the Seller or his contractors.
  • 3. Technical requirements
  1. In order to use the Shop, including inter alia viewing the assortment and placing the Order, it is essential to have:
  • a computer, laptop or another multimedia device with the Internet access;
  • active electronic mail address (e-mail);
  • enabled cookies support.
  • 4. Placing the Orders

  1. The use of the Order Form begins, when the first Good is added to the Shopping cart by the Customer.
  2. The Order is placed after completion of two further steps performed by the Custumer:1) filling the Order Form; (2) clicking– after filling the Order Form- the field “BUY AND PAY” on the Shop’s website (until this moment it is possible to modify the Order and the data filled in the Order Form).
  3. The Order is effective, if the Customer correctly fills the Order Form, proving the contact data, including name and surname, address, telephone number and e-mail address, as well as data regarding the Sales Agreement, including the type of Good, quantity of Good, place of delivery of the Good and the method of payment.
  4. The Electronic service – Order Form is rendered free of charge and has a one-off nature. The abovementioned Electronic service shall be terminated at the moment of placing of the Order or a previous discontinuation of placing of the Order.
  5. In order to place the Order the Customer is obliged to:
  • choose the Good and then click the button „ADD TO THE SHOPPING CART” (or equivalent);
  • proceed to the Shopping cart and click the button „PROCEED TO THE CHECKOUT”;
  • log in or use the possibility to place the Order without registration;
  • if the possibility to place the Order without registration has been chosen -fill the Order Form;
  • choose one of the available methods of payment and click on the button “BUY AND PAY”;
  • subject to the method of payment, pay for the Order;
  1. All prices of the Goods in Shop are listed in PLN, EURO or USD and include taxes (gross price).
  2. The final amount, which has to be paid by the Customer, is based on the price for the Good and the costs of delivery (including transport charges, delivery and postal services). The Customer is informed about those costs on the Shop’s website during placing of the Order, including also the moment of expressing by the Customer the willingness to conclude the Sales Agreement;
  3. The Seller hereby informs that the costs of an Order, which value is equal to or exceed the amount of EUR 80 (in wording: eighty euro 00/100) or its equivalent in another currency available in the Shop (according to the National Bank of Poland’s average rate in force on the day, when the Order was placed), are incurred by the Seller.
  4. The Customer is obliged to use the Shop according to the law and good manners, taking into consideration a respect for personal interests, copyrights and intellectual property rights of the Seller and third parties.
  5. The Customer is obliged to introduce only the factually correct data.
  • 5. Realisation of the Order
  1. The Sales Agreement between the Customer and the Seller is concluded at the time of placing the Order by the Customer in the Shop, by the means of the Order Form.
  2. If the Order is placed correctly, it will be immediately confirmed by an e-mail sent to the e-mail address specified in the Order Form.
  3. The Customer may use the following methods of delivery of the Good:
  • Poczta Polska or Deutsche Post;
  • Courier (DPD, DHL, GLS, GEIS).
  1. The delivery of the Good shall be made to the location indicated by the Customer (independently of the geographic location). The Seller hereby informs that for every Order the cheapest method (possibility) of the delivery is always automatically chosen.
  2. The delivery of the Good to the Customer is chargeable, unless otherwise provided by the Sales Agreement. The costs of delivery of the Good (including transport charges, delivery and postal services) are communicated to the Customer during placing of the Order, including also the moment of expressing by the Customer the willingness to conclude the Sales Agreement;
  3. The Customer may use following methods of payment:
  • payment by a bank transfer to the Seller’s account”
  • PL 29 1140 2004 0000 3502 7672 0517,
  • EURO 54 1140 2004 0000 3412 0535 9122
  • payment by a credit card;
  • payment by PayPal.
  1. If the Customer chooses to pay by means of a bank transfer, online payment or payment by credit card, he is obliged to make the payment within 14 calendar days from the day of concluding of the Sales Agreement. The moment of submission by the Customer the instruction to make a payment in the Customer’s Bank shall be considered as the moment of making the payment. If the Customer fails to make a payment within the term stipulated above, the Seller shall withdraw from the Sales Agreement without the necessity to give a prior notice requesting the Customer to make a payment.
  2. The Good shall be sent by the Seller to the address indicated in the Order Form within 3 working days with the effect from the day following the day of posting the payment on the Seller’s account.
  • 6. Creating an Account
  1. In order to create an Account in Shop, an Order Form has to be filled, by marking the facultative field “Create an Account?”. Then a field “Create a  password to the Account” has to be filled.
  2. The Electronic service Account is rendered free of chargé and for an unspecified period of time. The Customer is entitled to delete the Account (resign from the Account) at any time, without giving any reason, upon sending of an appropriate request to the Seller, in particular through the electronic mail at the address: shop@bubblebrothers.eu or in writing to the address: ul. Romka Strzałkowskiego 10a/24, 60-855 Poznań.
  3. The logging into the Account shall takes place by giving the login (the Customer’s e-mail  address) and password indicated in the Order Form.
  • 7. Complaints
  1. The basis and the extent of Seller’s liability towards the Customer, in case when the sold Good has a physical or legal defect (warranty) is determined in the Act of 23 April 1964 Civil Code (Journal of Laws from 2018, pos. 1025 and its subsequent amendments). If the Customer is an Entrepreneur, the parties exclude the liability under warranty.
  2. The Seller is obliged to provide the Customer with a thing free from defect.
  3. The compliant may be submitted for example as follows:
  • in writing to the address of the Seller, or
  • by an e-mail (see § 2 section 3 T&C).
  1. It is recommended to the Customer, to specify in the compliant the following: (1) information and circumstances concerning the subject of the complaint, in particular type and date of the occurrence of the defect; (2) a demand to bring the Good to conformity with the Sales Agreement or a declaration on a reduction of the price or renunciation of the Sales Agreement; and (3) contact data of the person submitting the complaints – it will simplify and accelerate the reviewing of the complaint by the Seller. The requirements determined in the previous sentence are only a recommendation and do not have an influence on the effectiveness of the complaints submitted without the recommended description of the complaint.
  2. The Seller shall respond to the complaint without undue delay, no later than 14 days from its submission. If the Customer is a Consumer and the Seller will not respond to the complaint within the abovementioned term, it shall be deemed that the complaint has been identified as justified.
  3. The Consumer, who exercises the rights under warranty is obliged to deliver the defective Good to the Seller’s address (ul. Romka Strzałkowskiego 10a/24, 60-855 Poznań) at the expense of the Seller. If, because of the kind of the Good, it would be excessively difficult for the Consumer to deliver the Good, the Consumer shall be obliged to render the Good available for the Seller at the place at which the Good is located. The foregoing shall apply to the returning the Good in case of renunciation of the Sales Agreement and replacement for a thing free from defects.
  • 8. Withdrawal from the Sales Agreement
  1. The Consumer, who has concluded a distance Sales Agreement has the right to withdraw from it within 14 days, without giving any reasons and free of charge, except the direct costs of returning the Good. The term for withdrawal from the abovementioned Sales Agreement begin with: (1) in case of the Agreement leading to release the Good by the Seller, who is obliged to transfer the ownership of this Good (for example Sales Agreement) – the moment of taking possession of the Good by the Customer or a third party appointed by him, other than a carrier and in case of an Agreement, which comprises more Goods, delivered separately, partially or in pieces – the moment of taking into possession of the last Good, part or piece; (2) for other Agreements – the moment of concluding of the Agreement.
  2. The period for the withdrawal mentioned in section 1 shall be deemed to have been observed, if the notice of withdrawal is sent before its expiry to the Seller’s correspondence address or by means of an e-mail. In case of the Customer’s e-mail notification, the Seller shall sent the Customer a confirmation of receipt of the notification on withdrawal from the Agreement mentioned in section 1, to the e-mail address indicated by the Consumer without undue delay.
  3. A model withdrawal form is set out in Appendix 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws from 2017, pos. 683 and its subsequent amendments). The Consumer may use the model withdrawal form, but it is not compulsory.
  4. In the case of the withdrawal from a distance Agreement, the Agreement shall be deemed as not concluded.
  5. The Seller is obliged, without undue delay, but not later than within 14 calendar days from the day of receipt of the Consumer’s notification on withdrawal from the Agreement mentioned in section 1, to return to the Customer all the payments made by the Consumer, including costs of delivery of the Good (except from the additional costs arising from the method of delivery chosen by the Customer other than the cheapest, easiest method of delivery available in Shop and the direct costs of returning the Good).
  6. The Seller shall carry out the reimbursement using the same means of payment as used by the Consumer, unless the Consumer agreed to another way of reimbursement, which is not connected with any costs for the Consumer.
  7. If the Seller has not proposed that he will collect the Good from the Consumer, the Seller reserves the right to withhold the reimbursement until he receives the Good back or the Consumer provides him with an evidence of having the Goods sent back.
  8. The Consumer is obliged, without undue delay, but no later than within 14 calendar days from the day, when he withdrew from the Agreement mentioned in section 1, to return the Good to the Seller or hand it to the person authorized by the Seller to the reception, unless the Seller has proposed that he will take the Good. The deadline is met if the Good is sent before its expiry. The return shall be made to the following address: ul. Romka Strzałkowskiego 10a/24, 60-855 Poznań.
  9. In case when the Customer has chosen the method of delivery other than the cheapest, easiest method of delivery available in Shop, the Seller is not obliged to reimburse to the Customer the additional costs incurred by him.
  10. The Consumer bears the direct costs of returning the Good and also the costs of returning the Good, if the Good could not have been sent in an ordinary way because of the character of the Good.
  11. The Consumer is liable only for a diminished value of the Good resulting from the use other than what is necessary to establish the nature, characteristics and functioning of the Good.
  12. The right to withdraw from the Agreement concluded from distance or away from business premises is not foreseen for the Consumer with regard to the contracts stipulated in Art. 38 of the Act of 30 Mai 2014 on consumer rights (Journal of Laws from 2017, pos. 683 and its subsequent amendments).
  • 9. Personal data protection

  1. The Seller is the data controller of personal data of the Customers collected through the Shop
  2. The personal data of the Customers collected by the data controller through the Shop are collected exclusively for the implementation of the Sales Agreement or for marketing purposes (Newsletter). There are stored for a period of 3 years. Those data are essential in particular for:
  • registration;
  • placing an Order;
  • concluding the Sales Agreement;
  • making settlements;
  • delivery of the ordered Good;
  • using by the Customer of all consumer’s rights (for example withdrawal from the Agreement, warranty);
  • receipt of the Newsletter.
  1. The Seller may entrust the data processing only to the subjects, who cooperate with the Seller, to the extent necessary to perform the Sales Agreement. The possible recipients of the personal data of the Shop’s Customers are: courier companies -DPD, DHL, GLS, GEIS; Poczta Polska or Deutsche Post; PayPal, Accountancy (Monika Porada-Pawlak, Biuro Rachunkowe, ul. Rymarkiewicza 5A, 60-681 Poznań).
  2. An essential part of the registration’s procedure and the placing of the Order is submitting by the Customer his personal data, which are marked as obligatory and giving his consent to processing of personal data, which were provided by the Customer during the registration or placing the Order without registration. Giving the personal data, which are marked as obligatory shall be voluntary, but is essential for registration and placing of the Order, its realization and service. Providing the Seller with the personal data, which are not marked as obligatory, shall be voluntary.
  3. The consent for processing the personal data shall be given by ticking by the Customer the relevant box on the Order Form.
  4. The Seller informs that the personal data provided by the Customer shall be protected against unauthorized access.
  5. The Customer has in particular the right to:
  • access and change his personal data;
  • withdraw his content to processing his personal data – without giving any reason (the request may concern only an indicated purpose of the processing – for example withdrawal of the consent for reception of commercial information, but it may also concern all purposes of processing);
  • demand the deletion of personal data – without giving any reason;
  • demand the restriction of processing personal data for a definitive time or in a specified scope;
  • demand the information on the scope of processing of personal data
  • object to processing of personal data, in whole, or regarding the specified purpose.
  1. All the requests or demands concerning the personal data shall be notified to the Seller to the following e-mail address: shop@bubblebrothers.eu.
  • 10. Extrajudicial methods of processing the complains and redress and the access rules for those procedures

  1. The Consumer has following, example possibilities of using the extrajudicial methods of processing the complaints and seeking the redress: (1) an application for a dispute settlement to the permanent consumer arbitration court; (2) an application for an extrajudicial dispute settlement to the province inspector of the Trade Inspectorate (more information on the Web Site of the inspector, competent for the location, where the Seller is conducting his business); (3) assistance of the regional (municipal) consumer ombudsman or a community organization, which statutory work involves i.a. protection of consumers.
  2. The Consumer may use i.a. the following methods of extrajudicial dispute settlement:
  • an application to the province inspector of the Trade Inspectorate for initiation of the proceeding regarding extrajudicial settlement of a dispute, by giving the possibility to convergence the parties positions in order to settle the dispute by the parties, or to present a proposal for settlement of the dispute;
  • an application to the permanent arbitration court attached to the province inspector of the Trade Inspectorate for settlement of the dispute arising from the concluded Agreement;
  • receipt of the free legal assistance regarding the settlement of the dispute between the Seller and the Consumer, using the free assistance of the regional (municipal) consumer ombudsman or a community organization, which statutory work involves inter alia protection of consumers (i.a. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich).
  1. The Consumer is also entitled to use the extrajudicial methods of processing the complaints and seeking redress by submitting the complaint through the EU platform (ODR), available at: http://ec.europa.eu/consumers/odr.
  • 11. Final provisions
  1. All of the content featured on the Web Site, including without limitation text, graphics, photographs, animated photographs, films, illustrations and in particular cases sounds and software are owned by the Seller. The content is protected by copyrights and other rights. The use of those is possible only with the explicit consent of the Seller, which have to be given in a written form, under the pain of nullity.
  2. The Seller reserves the right to make changes in the T&C in case of change of law and to change the methods of payments and deliveries in the scope that affects the realization of the provisions stipulated in the T&C. The Seller shall inform the Customer about every change at least 7 days in advance.
  3. Matters not regulated in these T&C shall be governed by the generally binding provisions of Polish law, in particular the Act of 23 April 1964 Civil Code (Journal of Laws from 2018, pos. 1025 and its subsequent amendments), the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws from 2017, pos. 1219, and its subsequent amendments), the Act of 16 February 2007 on competition and consumer protection (Journal of Laws from 2017, pos. 229 with subsequent amendments), the Act of 30 Mai 2014 on consumer rights (Journal of Laws from 2017, pos. 683 and its subsequent amendments).