FAST DELIVERY

FREE SHIPPING FROM 55 EUR

EASY RETURNS WITHIN 14 DAYS

DESIGNED AND MADE IN EU

Languages
Shop regulations

Terms and Conditions of the Online Store Binderme.com

This document primarily sets out the rules under which contracts are concluded in the Store, including important information about the Seller, the Store, and the rights of Consumers.

TABLE OF CONTENTS

  • § 1 Definitions
  • § 2 Contact with the Seller
  • § 3 Technical Requirements
  • § 4 Shopping in the Store
  • § 5 Payments
  • § 6 Order Fulfillment
  • § 7 Right to Withdraw from the Contract
  • § 8 Exceptions to the Right to Withdraw from the Contract
  • § 9 Complaints
  • § 10 Personal Data
  • § 11 Reservations
  • Attachment No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

  • Business Days: Days from Monday to Friday, excluding public holidays in Poland.
  • Consumer: A Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without a direct connection to their business or professional activity.
  • Account: A digital service regulated by separate terms and conditions within the meaning of the Consumer Rights Act, which allows the Buyer to use additional features in the Store for free.
  • Buyer: Any entity purchasing in the Store or taking steps to make a purchase.
  • Privileged Buyer: A Consumer or Privileged Entrepreneur.
  • Privileged Entrepreneur: A Buyer who is a natural person entering into or intending to enter into a contract with the Seller under these Terms directly related to their business activity, but not having a professional character for them.
  • Terms and Conditions: These terms and conditions.
  • Store: The online store Binderme.com operated by the Seller at https://www.binderme.com.
  • Seller: Maria Owczarek, a business owner operating under the name Maria Owczarek, registered in the Central Registration and Information on Business (CEIDG) kept by the minister competent for economy, NIP 9372425261, REGON 388965930, Strażacka 81a, 43-382 Bielsko-Biała.
  • Consumer Rights Act: The Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

  • Postal Address: Strażacka 81a, 43-382 Bielsko-Biała
  • Email Addressbindermeshop@gmail.com
  • Phone: +48576713773 and +48 888 785 279
  • The cost of a phone call or data transmission made by the Buyer is based on the standard rate of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of international calls or data transmission may be higher than the cost of domestic calls or transmission, depending on the rates applied by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

For the Store to function correctly, the following are needed:

  • A device with internet access.
  • An internet browser that supports JavaScript and cookies. For placing an order in the Store, in addition to the requirements specified in point 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

  • The prices of products visible in the Store are total prices for the product.
  • The Seller notes that the total price of an order consists of the product price indicated in the Store and, if applicable, the cost of delivery.
  • The selected product to be purchased should be added to the cart in the Store.
  • The Buyer then selects the delivery method for the goods and the payment method for the order from the available options in the Store and provides the data necessary to complete the order.
  • The order is placed when the content is confirmed and the Terms and Conditions are accepted by the Buyer.
  • Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
  • The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their data for each potential order.

§ 5 PAYMENTS

The following payment methods are available in the Store:

  • Regular Bank Transfer to the Seller's Bank Account:

    Bank Account in PLN:
    02 1870 1045 2078 1070 1848 0001

    EUR:
    PL45 1870 1045 2078 1070 1848 0003

    USD:
    PL18 1870 1045 2078 1070 1848 0004

    GBP:
    PL88 1870 1045 2078 1070 1848 0005

    SWIFT: NESBPLPW

  • Using a Payment Card:

    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro
  • Through a Payment Platform:

    • Płatności Shoper
    • PayPal
    • PayU
    • Przelewy24
    • Payment Cards
    • Google Pay
    • Blik
    • Online Installments Alior Bank
  • Cash on Delivery, i.e., by card or cash at the time of delivery to the Buyer.

If the payment method through the Płatności Shoper platform is selected, the entity providing online payment services is Autopay S.A.

If the Buyer chooses to pay in advance, the order must be paid within 7 Business Days from the date of order placement.

§ 6 ORDER FULFILLMENT

The order fulfillment time is from 1 to 7 Business Days + delivery within the territory of Poland. In the case of a tailor-made product, from 1 to 7 Business Days.

If the Buyer has chosen to pay in advance for the order, the Seller will start processing the order after it has been paid for.

Countries to which delivery is carried out:

  • Poland (1-7 business days)
  • All countries in the European Union (1-14 business days)
  • All countries outside the European Union (1-60 business days)

The following delivery methods are available in the Store:

  • Through a courier company
  • Through Poczta Polska (Polish Post)
  • To InPost parcel lockers

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

The Privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.

The withdrawal period expires after 14 days from the day:

  • on which the Privileged Buyer acquires physical possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer acquires physical possession of the goods;
  • on which the Privileged Buyer acquires physical possession of the last good, batch, or part, or on which a third party other than the carrier and indicated by the Privileged Buyer acquires physical possession of the last good, batch, or part, in the case of a contract for multiple goods ordered by the Buyer in one order and delivered separately, in batches, or in parts.

To exercise the right to withdraw from the contract, the Privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email).

The Privileged Buyer may use the model withdrawal form attached at the end of the Terms and Conditions, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

In the event of withdrawal from the contract, the Seller will refund all payments received from the Privileged Buyer, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Privileged Buyer other than the least expensive standard delivery method offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller was informed about the decision of the Privileged Buyer to exercise the right of withdrawal from the contract.

The Seller will make the reimbursement using the same means of payment as the Privileged Buyer used for the initial transaction, unless the Privileged Buyer has expressly agreed otherwise; in any event, the Privileged Buyer will not incur any fees as a result of such reimbursement.

If the Seller has not offered to collect the goods from the Privileged Buyer, the Seller may withhold the reimbursement until they have received the goods back or the Privileged Buyer has supplied evidence of having sent back the goods, whichever is the earliest.

The Seller requests that the goods be returned to the following address: Strażacka 81a, 43-382 Bielsko-Biała, without undue delay and in any event not later than 14 days from the day on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the period of 14 days has expired.

The Privileged Buyer will have to bear the direct cost of returning the goods.

The Privileged Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

If the goods, by their nature, cannot be returned by post in the usual way, the Privileged Buyer will also have to bear the direct cost of returning the goods. The estimated cost of returning such goods will be indicated by the Seller in the product description in the Store or during the order placement process.

In the event that a refund is required for a transaction made by the Privileged Buyer using a payment card, the Seller will make the refund to the bank account associated with that payment card.

§ 8. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right of withdrawal from a distance contract, referred to in § 7 of the Terms and Conditions, does not apply to contracts:

  • where the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Privileged Buyer or serving to satisfy their individualized needs;
  • where the subject of the service is an item that is liable to deteriorate rapidly or has a short shelf-life;
  • where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;
  • where the subject of the service is items which, after delivery, are, by their nature, inseparably mixed with other items;
  • where the subject of the service is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
  • for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
  • where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller's control, which may occur before the withdrawal period expires;
  • custom-made products.

§ 9. COMPLAINTS

I. GENERAL PROVISIONS

The Seller is responsible to the Privileged Buyer for the conformity of the goods with the contract, as provided by the generally applicable laws, including in particular the Consumer Rights Act. The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address specified in § 2 of the Terms and Conditions. If a product is covered by a warranty, information about it, as well as its terms, is available in the Store. The Seller will respond to complaints within 14 days from the date of their receipt.

II. PRIVILEGED BUYERS

Goods

In the event of non-conformity of the goods with the contract, the Privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act. The Seller is liable for the lack of conformity of the goods with the contract existing at the time they are delivered and revealed within two years from that time, unless the shelf-life specified by the Seller, their legal predecessors, or persons acting on their behalf is longer. Under the provisions of the Consumer Rights Act, in the event of non-conformity with the contract, the Privileged Buyer may request:

  • replacement of the goods,
  • repair of the goods.

Additionally, the Privileged Buyer may submit a statement on:

  • price reduction,
  • withdrawal from the contract,

in situations where:

  • the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
  • the Seller has not brought the goods into conformity with the contract in accordance with Article 43d(4-6) of the Consumer Rights Act;
  • the lack of conformity of the goods with the contract persists despite the Seller's attempts to bring the goods into conformity with the contract;
  • the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without first using the remedies specified in Article 43d of the Consumer Rights Act;
  • it is clear from the Seller's statement or circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the Privileged Buyer.

In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller will collect the goods from the Privileged Buyer at their own expense. The Privileged Buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant. In the event of withdrawal from the contract referred to in this section (regarding goods), the Privileged Buyer must promptly return the goods to the Seller at their expense to the address: Strażacka 81a, 43-382 Bielsko-Biała. The Seller will refund the Privileged Buyer the price promptly, no later than 14 days from the day of receiving the goods or proof of their return. The Seller will refund the amounts due to the Privileged Buyer as a result of exercising the right to reduce the price promptly, no later than 14 days from the day of receiving the Privileged Buyer's statement on the price reduction.

Alternative Dispute Resolution

The Seller informs the Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for access to these procedures are available at the headquarters or on the websites of the entities authorized to conduct out-of-court dispute resolution. The Consumer can use, among others:

  • the assistance of the relevant European Consumer Centre of the European Consumer Centres Network. The Centres provide information on consumer rights and assist in resolving disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. The list of Consumer Centres relevant to each country can be found at: European Consumer Centres Network
  • the ODR (Online Dispute Resolution) platform, provided by the European Commission, available at: ODR Platform

Additionally, in the territory of the Republic of Poland, the following forms of support are available:

  • mediation conducted by the territorially competent Voivodship Inspectorate of Trade Inspection, to which one should apply for mediation. Generally, the procedure is free of charge. A list of Inspectorates can be found here: Voivodship Inspectorates
  • the assistance of the territorially competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which one should submit an application for consideration of the case before the arbitration court. Generally, the procedure is free of charge. A list of courts is available here: Permanent Consumer Arbitration Courts

The previous provision is for informational purposes and does not constitute an obligation for the Seller to use out-of-court dispute resolution methods. The use of out-of-court complaint and claim procedures is voluntary for both the Seller and the Consumer. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.

III. BUYERS OTHER THAN PRIVILEGED BUYERS

To avoid any doubts, the Seller notes that the responsibility of the Seller to a Buyer other than a Privileged Buyer, related to complaints, is governed by the provisions of § 11 sec. 7.

§ 10 PERSONAL DATA

1. Data Controller

The Seller is the administrator of personal data provided by the Buyer when using the Store. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for processing, as well as data recipients – can be found in the Store's privacy policy, available in the Store, in accordance with the transparency principle contained in the General Data Protection Regulation (GDPR) of the European Parliament and Council.

2. Purpose and Basis of Data Processing

The purpose of processing the Buyer's data provided in connection with purchases in the Store is to fulfill orders. The legal bases for data processing in this case are:

  • The contract or actions taken at the Buyer's request aimed at concluding it (Art. 6(1)(b) GDPR),
  • The legal obligation incumbent on the Seller related to accounting (Art. 6(1)(c) GDPR),
  • The Seller's legitimate interest in processing data for the purpose of establishing, asserting, or defending possible claims (Art. 6(1)(f) GDPR).

3. Voluntariness and Necessity of Data Provision

Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.

4. Duration of Data Processing

The Buyer's data provided in connection with purchases in the Store will be processed until:

  • The contract between the Buyer and the Seller ceases to be in effect;
  • The legal obligation requiring the Seller to process the Buyer's data ceases to apply;
  • The possibility of asserting claims by the Buyer or the Seller related to the contract concluded via the Store ceases to exist;
  • The Buyer's objection to the processing of their personal data is accepted – in the case where the basis for data processing was the Seller's legitimate interest.

5. Buyer's Rights

The Buyer has the right to request:

  • Access to their personal data,
  • Rectification of their data,
  • Erasure of their data,
  • Restriction of data processing,
  • Data portability to another controller.

The Buyer also has the right to:

  • Object at any time, for reasons related to their particular situation, to the processing of their personal data based on Art. 6(1)(f) GDPR (i.e., the legitimate interests pursued by the Seller).

To exercise their rights, the Buyer should contact the Seller using the details from § 2 of the Terms and Conditions.

6. Complaints

If the Buyer believes that their data is being processed unlawfully, they may file a complaint with the authority responsible for data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

  1. It is prohibited for the Buyer to provide illegal content.
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of fulfilling the order.
  3. All contracts concluded under these Terms and Conditions are governed by Polish law, subject to subsection 4.
  4. The choice of Polish law for contracts concluded under the Terms and Conditions with a Consumer does not deprive or limit the rights of that Buyer, granted by the mandatory provisions of law applicable to the Consumer in cases where no choice of law has been made. This means, in particular, that if the national laws applicable to a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, that broader protection applies.
  5. Contracts concluded under the Terms and Conditions are made in Polish.
  6. In the event of a dispute with a Buyer who is not a Privileged Buyer related to a contract concluded via the Store, the competent court will be the court appropriate for the Seller's registered office.
  7. Any liability of the Seller towards a Buyer who is not a Privileged Buyer, under a contract concluded via the Store, is excluded to the extent permitted by law.

Attachment No. 1 to the Terms and Conditions

Below is a model withdrawal form that the Consumer or Privileged Entrepreneur may, but is not obliged to use:


MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

Maria Owczarek
Strażacka 81a, 43-382 Bielsko-Biała
Email: bindermeshop@gmail.com

  • I/We() hereby inform() about my/our withdrawal from the contract of sale of the following goods() / for the provision of the following service():

    ..............................................................................................................................................................................

    ..............................................................................................................................................................................

    ..............................................................................................................................................................................

  • Date of conclusion of the contract() / receipt()

    ..............................................................................................................................................................................

  • Name of the Consumer(s) / Privileged Entrepreneur(s):

    ..............................................................................................................................................................................

  • Address of the Consumer(s) / Privileged Entrepreneur(s):

    ..............................................................................................................................................................................

    ..............................................................................................................................................................................

    ..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper form)

Date ............................................

(*) Delete as appropriate.

 

 

Terms and Conditions of Account on Binderme.com Store

TABLE OF CONTENTS

§ 1 Definitions § 2 Contact with the Service Provider § 3 Technical Requirements § 4 Account § 5 Complaints § 6 Right of Withdrawal from the Agreement § 7 Personal Data § 8 Changes to the Terms and Conditions or Account § 9 Final Provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person who, based on the Terms and Conditions, has concluded an agreement for the provision of an Account or takes actions aimed at its conclusion, without a direct connection to their economic or professional activity. Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, allowing the Service Recipient to use additional functions in the Store. Privileged Entrepreneur - a Service Recipient who is a natural person concluding an agreement for the provision of an Account based on the Terms and Conditions (or taking actions aimed at its conclusion), directly related to their economic activity, but without a professional character for it. Terms and Conditions - these Account regulations. Store – the Binderme.com online store operated by the Service Provider at https://www.binderme.com Service Recipient - any entity that has entered into an agreement for the provision of an Account or takes actions aimed at its conclusion. Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur. Service Provider - Maria Owczarek, a business operator conducting business under the name Maria Owczarek, registered in the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 9372425261, REGON 388965930, Strażacka 81a, 43-382 Bielsko-Biała. Consumer Rights Act – Polish Act of May 30, 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

Postal address: Strażacka 81a, 43-382 Bielsko-Biała Email address: bindermeshop@gmail.com Phone: +48576713773 or +48 888 785 279 The cost of a phone call or data transmission made by the Service Recipient depends on the basic tariff of the telecommunications operator or internet service provider from which the Service Recipient uses the services. The Service Provider notes that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmissions - depending on the tariff adopted by the telecommunications operator or internet service provider, from whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning and creation of an Account, the following are needed: an active email account, a device with internet access, a web browser supporting JavaScript and cookies.

§ 4 ACCOUNT

The creation of an Account is entirely voluntary and depends on the will of the Service Recipient. The Account provides the Service Recipient with additional options, such as browsing the order history placed by the Service Recipient in the Store, checking the order status, or independently editing the Service Recipient's data. To create an Account, the relevant form on the Store must be completed. At the time of creating the Account, an indefinite-term agreement for the provision of the Account is concluded between the Service Recipient and the Service Provider on the terms indicated in the Terms and Conditions. The Service Provider commences the provision of the Account service on the terms specified in the Terms and Conditions immediately after the conclusion of the Account provision agreement. The Service Recipient may resign from the Account at any time without incurring any costs. The deletion of the Account results in the termination of the Account provision agreement. To delete the Account by the Service Provider, their resignation from the Account must be sent to the email address of the Service Provider provided in § 2 of the Terms and Conditions, which will result in the immediate deletion of the Account and termination of the Account provision agreement.

§ 5 COMPLAINTS I GENERAL PROVISIONS

The Service Provider requests that complaints regarding the Account be submitted to the postal or email address specified in § 2 of the Terms and Conditions. The Service Provider will respond to complaints within 14 days of receiving the complaint notification. II PRIVILEGED SERVICE RECIPIENTS The Service Provider is liable to the Privileged Service Recipient for the conformity of the performance with the agreement, as provided by universally applicable law, in particular by the provisions of the Consumer Rights Act. In the event of improper performance by the Service Provider of the Account provision agreement, the Privileged Service Recipient has the right to use the entitlements regulated in Chapter 5b of the Consumer Rights Act. If the Service Provider has not provided a digital service, the Privileged Service Recipient may request its provision. If, despite this, the Service Provider fails to provide the digital service immediately or within an additional, expressly agreed-upon period, the Privileged Service Recipient may withdraw from the Account provision agreement. The Privileged Service Recipient may withdraw from the Account provision agreement without calling for the provision of the digital service if: it is clear from the Service Provider's statement or circumstances that they will not provide the digital service; or the Privileged Service Recipient and the Service Provider have agreed, or it is evident from the circumstances of the conclusion of the Account provision agreement, that the specified deadline for providing the digital service was essential for the Privileged Service Recipient, and the Service Provider did not provide it within that deadline. The Service Provider is responsible for the lack of conformity of the continuous provision of the digital service with the Account provision agreement, which occurred or became apparent at the time when, according to that agreement, the service was to be provided. If the digital service does not conform to the Account provision agreement, the Privileged Service Recipient may demand that it be brought into conformity with that agreement. In the event of non-conformity of the digital service with the Account provision agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider to a reasonable extent and using the least burdensome technical means for them to determine whether the lack of conformity of the digital service with the Account provision agreement within the appropriate time results from the characteristics of the digital environment of the Privileged Service Recipient. Additionally, if the digital service does not conform to the Account provision agreement, the Privileged Service Recipient may declare withdrawal from this agreement if: bringing the digital service into conformity with the Account provision agreement is impossible or would require excessive costs within the meaning of Art. 43m (2) and (3) of the Consumer Rights Act; the Service Provider has not brought the digital service into conformity with the Account provision agreement within a reasonable time from the moment when the Service Provider was informed by the Privileged Service Recipient about the lack of conformity with this agreement, and without excessive inconvenience to the Privileged Service Recipient, taking into account the nature and purpose of this digital service and how it is used; the lack of conformity of the digital service with the Account provision agreement persists even though the Service Provider has attempted to bring the digital service into conformity with that agreement; the lack of conformity of the digital service with the Account provision agreement is so significant that it justifies withdrawing from the Account provision agreement without prior use of the protection measure specified in Art. 43m of the Consumer Rights Act (i.e., requesting the bringing of the digital service into conformity); or it is clear from the Service Provider's statement or circumstances that they will not bring the digital service into conformity with the Account provision agreement within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT DISPUTE RESOLUTION AND CLAIMS SETTLEMENT METHODS The Service Provider informs the Consumer about the possibility of using out-of-court dispute resolution and claims settlement methods. The rules for accessing these procedures are available at the premises or on the websites of entities authorized to handle out-of-court dispute resolution. The Consumer may use, among others:

the assistance of the relevant European Consumer Centre from the network of European Consumer Centres. The Centres provide information about consumer rights and assist in resolving disputes in the case of cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. The list of Consumer Centres relevant to a particular country can be found at: https://konsument.gov.pl/eck-w-europie/ the internet platform for Online Dispute Resolution (ODR), provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

Additionally, within the territory of the Republic of Poland, the following forms of support are available:

mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php

The preceding provision is for informational purposes and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution methods.

Using out-of-court dispute resolution and claims settlement methods is voluntary for both the Service Provider and the Consumer.

Additionally, the Consumer may avail themselves of the free assistance of the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The privileged Consumer has the right to withdraw from the agreement concluded with the Service Provider regarding the operation of the Account within 14 days without providing any reason. The deadline for withdrawal from the Account management agreement expires after 14 days from the day of concluding this agreement. In order for the privileged Consumer to exercise the right of withdrawal from the agreement, they must inform the Service Provider, using the contact details provided in § 2 of the Regulations, of their decision to withdraw from the agreement by means of an unequivocal statement (for example, a letter sent by post or electronic mail). The privileged Consumer may use the withdrawal form template placed at the end of the Regulations, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for the privileged Consumer to send information concerning the exercise of the right of withdrawal from the agreement before the withdrawal period expires.

§ 7 PERSONAL DATA

The controller of personal data provided by the Consumer in connection with the conclusion of the Account management agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including the other purposes and legal bases for data processing, as well as the recipients of data – can be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation (GDPR). The purpose of processing the Consumer's data is to manage the Account. The legal basis for processing personal data in this case is the Account management agreement or actions taken at the request of the Consumer aimed at its conclusion (Article 6(1)(b) GDPR), as well as the legitimate interest of the Service Provider, consisting in processing data to establish, assert, or defend potential claims (Article 6(1)(f) GDPR). Providing data by the Consumer is voluntary but necessary for the conclusion of the Account management agreement and the provision of services covered by it. Failure to provide data means that the Account management agreement cannot be concluded, and the Service Provider will not be able to provide the services covered by it. The Consumer's data will be processed until: the Account management agreement expires; the possibility of asserting claims by the Consumer or the Service Provider related to the Account ceases; the Consumer's objection to the processing of their personal data is accepted – in the case where the legal basis for data processing was the legitimate interest of the Service Provider – depending on what applies in a given case. The Consumer has the right to request: access to their personal data; their rectification; erasure; restriction of processing; data portability to another controller; and also the right: to object at any time to the processing of data for reasons related to their particular situation – regarding the processing of personal data concerning them, based on Article 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the Service Provider). To exercise their rights, the Consumer should contact the Service Provider. If the Consumer believes that their data is being processed unlawfully, they may lodge a complaint with the authority responsible for the protection of personal data. In Poland, this authority is the President of the Personal Data Protection Office.

§ 8 AMENDMENT TO THE REGULATIONS OR ACCOUNT

The Service Provider reserves the right to amend the Regulations only for important reasons. An important reason for changing the Regulations is understood to be the need to amend the Regulations due to: a change in the functionality of the Account, requiring modification of the Regulations, or a change in legal regulations affecting the performance of the Account management agreement by the Service Provider or the adjustment of services to recommendations, guidelines, injunctions, prohibitions, rulings, provisions, interpretations, or decisions of competent public authorities, or a change in the contact details or identification of the Service Provider. Information about the planned amendment to the Regulations will be sent to the email address of the Account Holder associated with the Account at least 7 days before the changes come into effect. If the Account Holder does not object to the planned changes until they come into effect, it is deemed that they accept them, which does not constitute an obstacle to terminating the agreement in the future. In the event of a lack of acceptance for the planned changes, the Account Holder should send information about this to the email address of the Service Provider provided in § 2 of the Regulations, which will result in the termination of the Account management agreement upon the entry into force of the planned changes. The Service Provider may make changes to the Account that are not necessary to maintain its compliance with the Account management agreement, for reasons specified in paragraph 1, point b, or due to changes in the functionality of the Account. The introduction of a change referred to in the preceding sentence will not incur any costs on the part of the privileged Consumer. Provisions of paragraphs 2-4 apply accordingly. If the change referred to in paragraph 5 significantly and adversely affects the privileged Consumer's access to the Account or its use, the Service Provider will send, with appropriate notice, to the email address of the privileged Consumer, on a durable medium, information about the nature and timing of this change and the rights available to the privileged Consumer in connection with this change. § 9 FINAL PROVISIONS It is prohibited for the Consumer to provide content of an unlawful nature. The Account management agreement is concluded in Polish. The agreement concluded on the basis of these Regulations is subject to Polish law, with the reservation of paragraph 4. The choice of Polish law for the agreement concluded on the basis of the Regulations with the Consumer does not deprive or limit the Consumer's rights arising from the mandatory provisions of law that apply to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national regulations applicable to the given Consumer provide broader protection than that resulting from these Regulations or Polish law, then this broader protection applies. In the event of a dispute with a Consumer who is not a privileged Consumer, related to the Account management agreement, the competent court will be the court having jurisdiction over the Service Provider's registered office. Any liability of the Service Provider in connection with the Account management agreement towards a Consumer who is not a privileged Consumer is excluded to the extent permitted by law. Attachment No. 1 to the Regulations Below is a template withdrawal form, which the Consumer or the privileged Entrepreneur may, but is not required to, use:

WITHDRAWAL FORM TEMPLATE

(this form should be completed and returned only if you wish to withdraw from the agreement)

Maria Owczarek Strażacka 81a, 43-382 Bielsko-Biała email address: bindermeshop@gmail.com

  • I/We() ..................................................................... hereby inform/inform () about my/our withdrawal from the agreement for the provision of the following service() / delivery of digital content in the form of():

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

  • Date of the agreement(*)

..............................................................................................................................................................................

  • Name and surname of the Consumer(-s) / privileged Entrepreneur(-s):

..............................................................................................................................................................................

  • Address of the Consumer(-s) / privileged Entrepreneur(-s):

..............................................................................................................................................................................

..............................................................................................................................................................................

..................................................................................................................... Consumer(-s) / privileged Entrepreneur(-s) Signature (only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

 

Terms of Newsletter at Binderme.com Store

TABLE OF CONTENTS § 1 Definitions § 2 Contact with the Service Provider § 3 Technical Requirements § 4 Agreement § 5 Complaints § 6 Right of Withdrawal from the Agreement § 7 Personal Data § 8 Changes in the Terms or Newsletter § 9 Final Provisions

§ 1 DEFINITIONS

Consumer – A Service Recipient who is a natural person and has concluded an Agreement or is taking actions aimed at its conclusion, without a direct connection to their economic or professional activity. Newsletter – Messages related to the Store, including information about offers, promotions, and news in the Store, delivered free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act. Privileged Entrepreneur - A Service Recipient who is a natural person concluding an Agreement (or taking actions aimed at its conclusion), directly related to their economic activity, but not of a professional nature. Terms – these terms and conditions. Store – Binderme.com online store operated by the Service Provider at https://www.binderme.com. Agreement – agreement for the provision of the Newsletter. Service Recipient – any entity that has concluded the Agreement or is taking actions aimed at its conclusion. Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur. Service Provider – Maria Owczarek, an entrepreneur conducting business under the name Maria Owczarek, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and maintaining the Central Register and Information on Economic Activity, NIP 9372425261, REGON number 388965930, Strażacka 81a, 43-382 Bielsko-Biała, Poland. Consumer Rights Act – Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

Mailing Address: Strażacka 81a, 43-382 Bielsko-Biała, Poland Email Address: bindermeshop@gmail.com Phone: +48576713773 The cost of a telephone call or data transmission made by the Service Recipient depends on the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider notes that the cost of international calls or international data transmission may be higher than the cost of domestic calls or domestic transmission – depending on the tariff adopted by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

To use the digital content covered by the Terms, the following are needed: an active email account; a device with internet access; an internet browser supporting JavaScript and cookies.

§ 4 AGREEMENT

The Service Recipient may voluntarily subscribe to the Newsletter. To receive the Newsletter, it is necessary to conclude an Agreement. Email messages sent under the Agreement will be directed to the email address provided by the Service Recipient at the time of concluding the Agreement. To conclude the Agreement, the Service Recipient first provides their email address in the designated place in the Store, where they wish to receive messages sent under the Agreement. Upon subscribing to the Newsletter, an Agreement is concluded for an indefinite period, and the Service Provider will commence its provision to the Service Recipient, subject to section 5. For the proper execution of the Agreement, the Service Recipient is required to provide their correct email address. The Newsletter is delivered promptly after the Service Provider creates messages intended for Service Recipients. The email messages sent under the Newsletter will contain information about the option to unsubscribe, as well as a link to unsubscribe. The Service Recipient may unsubscribe from the Newsletter without stating a reason and without incurring any costs at any time by using the option mentioned in the preceding provision or by sending a message to the email address of the Service Provider provided in § 2 of the Terms. The Service Recipient's use of the unsubscribe link in the Newsletter or sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the Agreement.

§ 5 COMPLAINTS I. GENERAL PROVISIONS

The Service Provider requests that complaints regarding digital content covered by the Terms be submitted to the postal or electronic address specified in § 2 of the Terms. The Service Provider will respond to complaints within 14 days of receiving the complaint notification. II. PRIVILEGED SERVICE RECIPIENTS The Service Provider is responsible to the Privileged Service Recipient for the conformity of the service with the Agreement, as provided by the applicable laws, including in particular the provisions of the Consumer Rights Act. In the event of improper performance by the Service Provider of the Agreement, the Privileged Service Recipient has the right to avail themselves of the entitlements regulated in Chapter 5b of the Consumer Rights Act. If the Service Provider has not provided the digital content covered by the Agreement, the Privileged Service Recipient may request its delivery. If despite this, the Service Provider does not promptly deliver the digital content covered by the Agreement or within an additional, explicitly agreed-upon period, the Privileged Service Recipient may withdraw from the Agreement. The Privileged Service Recipient may withdraw from the Agreement without requesting the delivery of the digital content covered by the Agreement if: it is evident from the statement of the Service Provider or circumstances that the Service Provider will not deliver the digital content covered by the Agreement, or the Privileged Service Recipient and the Service Provider have agreed, or it is clearly evident from the circumstances of concluding the Agreement, that the specific deadline for delivering the digital content covered by the Agreement was essential for the Privileged Service Recipient, and the Service Provider has not delivered it within that period. The Service Provider is liable for the lack of conformity of the Newsletter with the Agreement, which, due to the continuous delivery of the Newsletter, occurs or is revealed during the time when, according to the Agreement, it was supposed to be delivered. If the digital content covered by the Terms is not in conformity with the Agreement, the Privileged Service Recipient may demand to bring it into conformity with the Agreement. In the event of a lack of conformity with the Agreement of the digital content covered by the Terms, the Privileged Service Recipient has an obligation to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for them, to determine whether the lack of conformity with the Agreement arose in the relevant digital environment of the Privileged Service Recipient. Additionally, if the digital content covered by the Terms is not in conformity with the Agreement, the Privileged Service Recipient may declare withdrawal from the Agreement when: bringing the digital content into conformity with the Agreement is impossible or would require disproportionate costs according to Article 43m(2) and (3) of the Consumer Rights Act; the Service Provider has not brought the digital content covered by the Terms into conformity with the Agreement within a reasonable period from the moment when the Service Provider was informed by the Privileged Service Recipient about the lack of conformity with the Agreement, and without undue inconvenience to the Privileged Service Recipient, taking into account their nature and the purpose for which they are intended to be used; the lack of conformity with the Agreement of the digital content covered by the Terms persists despite the Service Provider's attempts to bring it into conformity with the Agreement; the lack of conformity with the Agreement of the digital content covered by the Terms is so significant that it justifies withdrawal from the Agreement without prior use of the protection measure specified in Article 43m of the Consumer Rights Act (i.e., requesting the bringing of the digital content into conformity with the Agreement); it is evident from the statement of the Service Provider or circumstances that the Service Provider will not bring the digital content covered by the Terms into conformity with the Agreement within a reasonable period or without undue inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT DISPUTE RESOLUTION AND CLAIMS ENFORCEMENT METHODS

The Service Provider informs the Consumer about the possibility of using out-of-court dispute resolution and claims enforcement methods. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. The Consumer may use, among others: assistance from the relevant European Consumer Centre from the European Consumer Centres Network. The Centres provide information about consumer rights and assist in resolving disputes in the case of cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. The list of Consumer Centres relevant to a particular country can be found at: https://konsument.gov.pl/eck-w-europie/ the online platform for Online Dispute Resolution (ODR), provided by the European Commission, available at: https://ec.europa.eu/consumers/odr Additionally, in the territory of the Republic of Poland, the following forms of support are available: mediation conducted by the territorially competent Voivodship Trade Inspection Authority, to which a request for mediation should be addressed. As a rule, the proceedings are free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php assistance from the territorially competent permanent consumer arbitration court operating at the Voivodship Trade Inspection Authority, to which an application for the consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php The preceding provision is for informational purposes and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution methods. The use of out-of-court dispute resolution and claims enforcement methods is voluntary for both the Service Provider and the Consumer. Additionally, the Consumer may seek free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The Privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without stating any reason. The deadline for withdrawing from the Agreement expires 14 days after the day on which the Agreement was concluded. In order for the Privileged Service Recipient to exercise the right of withdrawal from the Agreement, they must inform the Service Provider, using the contact details provided in § 2 of the Terms, of their decision to withdraw from the Agreement by means of an unequivocal statement (for example, a letter sent by post or email). The Privileged Service Recipient may use the withdrawal form template provided at the end of the Terms, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information regarding the exercise of their right of withdrawal from the Agreement before the withdrawal period expires.

§7 PERSONAL DATA

The controller of personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for processing personal data, as well as data recipients – can be found in the privacy policy available on the Store's website – due to the transparency principle contained in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council. The purpose of processing the Service Recipient's data is: fulfillment of the Agreement; the legal basis for processing personal data in this case is the Agreement or actions taken at the request of the Service Recipient, aimed at its conclusion (Article 6(1)(b) of the GDPR); analysis of the effectiveness of messages sent within the framework of the Agreement, for the purpose of determining general principles regarding effective delivery in the Service Provider's business activities; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR); establishment, investigation, or defense of potential claims related to the Agreement; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR). Providing data by the Service Recipient is voluntary but at the same time necessary for the conclusion of the Agreement and the delivery of the digital content covered by it. Failure to provide data will result in the Agreement not being concluded, and the Service Provider will not deliver the digital content covered by it. The Service Recipient's data will be processed until: the Agreement expires; the possibility of asserting claims by the Service Recipient or the Service Provider related to the Agreement ceases; the Service Recipient objects to the processing of their personal data – if the processing was based on the legitimate interest of the Service Provider – depending on what applies in the specific case. The Service Recipient has the right to request: access to their personal data, rectification of their data, erasure, restriction of processing, data portability to another controller and also the right to: object at any time to the processing of data concerning them, for reasons related to their particular situation – concerning the processing of their personal data based on Article 6(1)(f) of the GDPR (i.e., on the legitimate interests pursued by the Service Provider). To exercise their rights, the Service Recipient should contact the Service Provider. If the Service Recipient believes that their data is being processed unlawfully, they may lodge a complaint with the competent data protection authority. In Poland, it is the President of the Office for Personal Data Protection.

§ 8 AMENDMENT TO THE TERMS AND CONDITIONS OR NEWSLETTER

The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. A valid reason for amending the Terms and Conditions is understood to be the necessity of amending the Terms and Conditions due to: a change in the functionality of the Newsletter, requiring modification of the Terms and Conditions, or a change in the legal regulations affecting the performance of the Agreement by the Service Provider or the adjustment of services to recommendations, guidelines, orders, prohibitions, judgments, provisions, interpretations, or decisions of competent public authorities, or a change in the contact details or identification of the Service Provider. Information about the planned change to the Terms and Conditions will be sent to the Service Recipient's email address provided at the time of concluding the Agreement at least 7 days before the changes come into effect. If the Service Recipient does not object to the planned changes before they come into effect, it is deemed that they accept them, which does not constitute an obstacle to terminating the Agreement in the future. If the planned changes are not accepted, the Service Recipient should send information to this effect to the email address of the Service Provider provided in § 2 of the Terms and Conditions, which will result in the termination of the Agreement upon the entry into force of the planned changes. The Service Provider may make changes to the Newsletter, which are not necessary to maintain its compliance with the Agreement, for the reasons indicated in paragraph 1 lit. b or due to a change in the functionality of the Newsletter. Introducing a change as referred to in the preceding sentence will not incur any costs for the Privileged Service Recipient. Provisions of paragraphs 2-4 shall apply accordingly. If the change referred to in the preceding provision significantly and adversely affects the access of the Privileged Service Recipient to the Newsletter or its use, the Service Provider will send, in advance, to the email address of the Privileged Service Recipient, on a durable medium, information about the nature and timing of the change and the rights accruing to the Privileged Service Recipient in connection with this change.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide unlawful content. The Agreement is concluded in the Polish language. The Agreement concluded on the basis of these Terms and Conditions is subject to Polish law, with the exception of paragraph 4. The choice of Polish law for the Agreement concluded with the Consumer does not deprive or limit the Consumer's rights under the mandatory provisions of law that apply to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide for a wider protection than that resulting from these Terms and Conditions or Polish law, this wider protection shall apply. In the event of any dispute with a Service Recipient who is not a Privileged Service Recipient, related to the Agreement, the competent court shall be the court having jurisdiction over the domicile of the Service Provider. Any liability of the Service Provider in connection with the Agreement towards a Service Recipient who is not a Privileged Service Recipient, within the limits permitted by law, is excluded. Annex No. 1 to the Terms and Conditions Below is the withdrawal form template, which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

WITHDRAWAL FORM TEMPLATE (this form should be completed and sent only if you wish to withdraw from the agreement)

Maria Owczarek Strażacka 81a, 43-382 Bielsko-Biała email address: bindermeshop@gmail.com

  • I/We() ..................................................................... hereby inform/inform() about my/our withdrawal from the agreement for the provision of the following service() / for the delivery of digital content in the form of():

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

  • Date of conclusion of the agreement(*)

..............................................................................................................................................................................

  • Name and surname of the Consumer(-s) / Privileged Entrepreneur(-s):

..............................................................................................................................................................................

  • Address of the Consumer(-s) / Privileged Entrepreneur(-s):

..............................................................................................................................................................................

..............................................................................................................................................................................

............................................................................................. Consumer(-s) / Privileged Entrepreneur(-s) signature (only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

 

 

 

up
Shop is in view mode
View full version of the site
Sklep internetowy Shoper.pl