Shipping & Returns

Wstęp

STATUTE

ONLINE STORE TERMS AND CONDITIONS www.homlando.com

[ADMISSION]

These Regulations define the organization, rules and conditions for the operation of the E-Store at the Internet address www.homlando.com , owned by BIM Sp. z o. o. with its seat in Biłgoraj, ul. Nadstawna 12a, 23-400 Biłgoraj, entered into the National Register of Entrepreneurs kept by the District Court Lublin - Wschód in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register under the number KRS 0000234780, REGON 060032855, NIP: 918-10-00-98 , phone: 84 688 10 58, e-mail: kamil.kucharski@bim-meble.pl , including in particular:

terms and conditions for sharing and using the E-Store,
the terms and conditions for concluding and terminating the contract for the provision of electronic services and their scope,
the terms and conditions for concluding contracts for the sale of Products, making payments and carrying out deliveries,
the rights and obligations of the Users of the E-Store,
the rights and obligations as well as the scope of liability of the Seller,
out-of-court methods of dealing with complaints and redress as well as rules of access to these procedures.

[GLOSSARY OF TERMS]

Terms used in the Regulations of the E-Store at the internet address homlando.com , mean respectively:
Price - value expressed in Polish zlotys including VAT (gross price), which the Buyer is obliged to pay to the Seller for the Product (Goods) or Service.
Registration Form - an interactive form available in the E-Store that allows the User to create an Account.
Order Form - a service provided electronically, allowing for placing an Order through an interactive Form available in the E-Store.
Consumer - a Buyer who is a natural person who performs a legal transaction with the entrepreneur (Seller) not directly related to his business or professional activity - in accordance with 221 of the Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93 with as amended).
Account - a service created by the Service Provider as a result of the User's registration, provided electronically, marked by the e-mail address indicated by the User (login) and the password chosen by him, which consists in providing the User with a set of resources stored in the E-Store at the homlando.com internet address and in the system information and communication technology of the Service Provider, in which it is stored, incl. history of activities performed by the User and the data provided by him.
Cart - a functional element of the E-Store that allows the Buyer to select and modify individual Products (Goods) from the Seller's offer that he intends to order.
Buyer - concluding a Sales Agreement with the Seller: a natural person with full legal capacity or a legal person or an organizational unit without legal personality, which the law grants legal capacity.
Newsletter - a service provided electronically, consisting in the automatic distribution of commercial information within the meaning of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended), which is performed by Service Provider for the User via e-mail.
Offer - declaration of will to conclude a Sales Agreement for Products (Goods) placed and marked as available on the website homlando.com , which, as containing essential provisions of the contract, is directed by the Seller to persons intending to conclude a Sales Agreement.
Product (Goods) - a movable item that is the subject of the Offer and the Sales Agreement between the Buyer and the Seller based on the tools of the E-Store's ICT system.
Regulations - this document available at any time on the home page of the E-Store at the internet address homlando.com , which is also available for download at the link Regulations in force from 30/05/2018.
E-Store - an online store run at the Internet address homlando.com , through which the Seller, on the terms and conditions specified in the Regulations, submits Sales Offers for Products (Goods) and concludes Sales Agreements.
Sale - an agreement concluded as part of the E-Store between the Buyer and the Seller as a result of the Buyer's acceptance of the Offer, to which the relevant provisions of the Civil Code and in the case of contracts concluded with Consumers, the provisions of the Act of May 30, 2014 on consumer rights ( Journal of Laws of 2014, item 827, as amended).
Service provided electronically - a service provided by the Service Provider to the User via the E-Store, to which the relevant provisions of the Civil Code and the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
User - using the service provided by electronic means: a natural person with full legal capacity or a legal person or an organizational unit without legal personality, to which the law grants legal capacity,
Service Provider / Seller - BIM Sp. z o. o. with its seat in Biłgoraj, ul. Nadstawna 12a, 23400 Biłgoraj, entered into the National Register of Entrepreneurs kept by the Lublin-Wschód District Court in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register under the KRS number 0000234780, REGON number 060032855, NIP number: 918-10-00-98, telephone : 84 686 57 27, e-mail: kamil.kucharski@bim-meble.pl
Order - the Buyer's declaration of will submitted to the Seller via a special Order Form, aimed directly at concluding a sales contract.

[GENERAL PROVISIONS]

The condition for using the E-Store is to read these Regulations and accept their provisions. All Users Using

from the E-Store are also obliged to use it in a manner consistent with its intended use, as well as with good manners and legal provisions.

To browse the E-Store's assortment and place orders for Products, it is necessary for the User to have an active e-mail account and to have a computer or other multimedia device equipped with an internet browser and having access to the Internet.

[DETAILED RULES AND CONDITIONS FOR PROVIDING SERVICES BY ELECTRONIC MEANS

BY THE SERVICE PROVIDER]

The Service Provider provides the Users with the following Services provided electronically as part of the E-Store:
My Account - the use of which is possible after correctly completing the Registration Form and confirming the registration by clicking the "register" button, and then activating the account. In the Registration Form, it is necessary for the User to provide such data as: e-mail address and password. Account activation occurs as a result of clicking on the activation link sent to the e-mail address indicated in the Registration Form With the activation of the account, an agreement for the provision of electronic services is concluded between the User and the Service Provider for an indefinite period.
Newsletter - the use of which is possible if the appropriate option is selected with the statement: "I want to receive information about promotions, discount coupons" when completing the Registration Form or "I want to receive an e-mail with information about new promotions for me" when completing the Order Form in the Your Data section, as well as in the case of supplementing the e-mail address under the specially marked Newsletter item on the E-Store's website. The service will be provided after its activation by clicking on the activation link sent to the indicated e-mail address or after activating the Account - for an indefinite period.
Order Form - the use of which takes place when the Product is added to the electronic Cart, and in subsequent stages by filling in the Your Data section and possible modification of the Order in the Summary section, which includes the option

"Order with the obligation to pay". The Electronic Cart allows you to view the Products selected by the Buyer and to modify their quantity independently, including the complete removal of individual Products from the Cart, as well as reducing the Product price as a result of using a special discount coupon, provided that the Buyer has been In addition, in the electronic basket, the Buyer has the option to choose the method of delivery and payment method for the Product. house, postal code, city name, country and optional checking your own comments, as well as accepting these Regulations by selecting the appropriate option "I agree with the Store Regulations". However, in the Summary section, the Buyer also obtains a preview of the selected Products and has the option of modifying the data for shipping the Product, as well as the method of delivery and payment method for the Product. The order is placed when the Buyer clicks the "Order with payment obligation" button. The last element of the service provided electronically via the Order Form is to obtain an order confirmation with an individual number. The service itself is a one-time service.

Using the services referred to in paragraph 1 by Users does not involve any fees.
The User may resign from each of the services at any time, without giving any reason, by:
selecting the appropriate option in the E-Store settings,
sending an appropriate request to the Service Provider:
via e-mail to the following address: kamil.kucharski@bim-meble.pl ,

in writing to the following address: ul. Nadstawna 12a, 23-400 Bilgoraj.
Complaints related to the use of the Services provided electronically by the Service Provider, including in particular complaints related to the operation of the E-Store, Users may submit:
via e-mail to the following address: kamil.kucharski@bim-meble.pl ,

in writing to the following address: ul. Nadstawna 12a, 23-400 Bilgoraj.
The Service Provider will consider any complaints immediately, no later than within 14 days of its receipt. Information on the resolution of the complaint will be sent to the address or e-mail address indicated by the User submitting the complaint.
The Service Provider has the right to terminate the Agreement with immediate effect

for the provision of electronic services in the event of a material breach by the User of the provisions of these Regulations, provisions of law or good manners, or the rights of third parties. A relevant statement will be sent to the User to the e-mail address provided by him.

The Service Provider has the right to terminate the Agreement for the provision of electronic services at any time without giving reasons with a 14-day notice period, by sending an appropriate statement to the User to the address or e-mail address provided by him.
The termination of the contract for the provision of electronic services by any of the parties or resignation from it by the User does not affect the obligations

and the rights of the Seller and the Buyers resulting from concluded Sales contracts, including the resulting settlements, rights and claims of the parties.

[CONCLUDING SALES AGREEMENTS]

The sale of Products in the E-Store takes place in Polish, only in the offer mode via the Internet, online, 24 hours a day, 7 days a week.
The Offers posted by the Seller in the E-Store are offers pursuant to the provisions of 66 - 70 of the Civil Code and are addressed to all Users.
Product prices in the E-Store are expressed in Polish zlotys and include VAT (gross price). The given prices do not include shipping costs. The Buyer is informed about the amount of all fees when completing the Order Form in the E-Store.
The conclusion of the Sales Agreement between the Seller and the Buyer takes place after the Buyer completes the Order Form available in the E-Store and confirms its submission as a result of clicking the "Order with payment obligation" button by the Buyer and then confirming the order by clicking on the activation link sent to the indicated address. e-mail, and the Seller at the same time: immediately confirms the receipt of the order and accepting it for execution and provides the content of the concluded contract on a durable medium by sending an e-mail to the Buyer to the e-mail address provided by him.
The content of the concluded Sales Agreement is also secured and saved in the IT system of the E-Store.
As part of technical measures to detect and correct errors in the entered data, the Buyer may verify the data or make minor corrections to the Order until completion and delivery of the shipment with the ordered Product to the courier, by sending an e-mail to the Seller at the address kamil.kucharski@bim-meble.pl or by phone.
All products sold on the platform are brand new and originally packed, unless otherwise stated in the description.

[PAYMENTS]

Payment for the purchased Products in the E-Store can be made in the following way:
prepayment by bank transfer to the Seller's account,
electronic payment via the entity providing the relevant payment service,
installment payment as a result of concluding a loan agreement with the entity granting cash loans,
cash on delivery by payment to the courier on the day of receiving the parcel,
in cash directly at the point of personal collection.
The Buyer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement in the case of electronic payment or in the form of a prepayment by bank transfer. However, if you choose to pay on delivery or in person, the Buyer is obliged to make the payment upon delivery.
The Seller has the right to cancel an order in cases where the Buyer has chosen to pay electronically or in the form of a prepayment by bank transfer and have not paid the amount due within 7 days of placing the order.
Together with the Product, the Seller provides the Buyer with an accounting settlement document (receipt or invoice) issued in accordance with applicable law and the User's request.
If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after paying for it.
If the customer chooses the method of payment by bank transfer or payment card, the time of order fulfillment is counted from the date of crediting the Seller's bank account or settlement account.
Supported payment methods: Shoper payments - secure online payments made by the operator Blue Media SA, Dotpay payments.
Supported payment cards: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic.
If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.

[DELIVERY OF PRODUCTS]

The method of delivery and the date of delivery are agreed between the Seller and the Buyer.
As part of the E-Store, the Seller offers the following methods of delivery or collection of Products:
paid delivery in Poland in the form of courier,
paid delivery outside Poland in the form of courier,
free personal pickup at the following collection points open during the hours specified in detail on the E-Store website:
Konopnicka 4, 22-670 Bełżec,
Szkotnik 2B, 33-100 Tarnów,
The cost of delivery of Products on the territory of Poland is indicated to the Buyer when completing the Order Form in the E-Store, while in the case of agreeing the delivery of Products outside Poland, the cost of delivery is individually agreed with the Seller each time.
The receipt of the Product by the Buyer is always confirmed on the delivery document. Upon receipt of the Product or products, the Buyer is obliged to check the quantitative compliance with the Order and to check that the Product or Products have no mechanical damage during transport, and if any irregularities are found, to draw up a damage report in the presence of the supplier. The receipt of the Product without reservations is treated as a confirmation of the Product's completeness and compliance with the order placed in the above-mentioned scope.
Upon confirmation of delivery on the Product delivery document, all risks related to its possession and use, in particular the risk of loss or damage to the Product, are transferred to the Buyer.
If the Seller cannot perform the service due to the fact that the subject of the service is not available - he is obliged to immediately, but not later than within thirty days from the conclusion of the contract - to notify the Buyer of this circumstance and return all funds received from him.

[GUARANTEES AND COMPLAINTS]

The product may have a warranty of the manufacturer, importer or Seller.
The detailed rights of the Buyer under the Guarantee granted, as well as the methods and conditions for their implementation, are specified by the Guarantor in the guarantee document.
The warranty as to the quality of the item sold does not exclude, nor does it suspend, or limit the Buyer's rights resulting from the warranty for Product defects.
The Seller is liable for the Product's non-compliance with the contract, including its physical and legal defects under the applicable provisions of Polish law.
Complaints regarding the non-compliance of the Product with the contract should be submitted to the Seller via e-mail to the following address: kamil.kucharski@bim-meble.pl

in writing to the following address: ul. Nadstawna 12a, 23-400 Bilgoraj.
The complaint should contain at least: personal data or the name of the Buyer, contact details, a description of the Product's non-compliance with the sales contract, the date on which the defect arose, was discovered or revealed, and the claims provided for by law should be indicated in the event that the complaint is justified. In the event that the application is incomplete, the Seller will be entitled to request the Buyer to complete the complaint.
Due to the non-compliance of the Product with the contract of sale, the Buyer has the right to demand a reduction in the price of the Product or to withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective Product with a Product free from defects or removes its defects. This limitation does not apply if the Product has already been replaced or repaired by the Seller, or the Seller has not replaced the Product with a Product free from defects, or if its defects have not been removed. If the Buyer is a Consumer, he may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a defect-free one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Buyer or would require excessive costs compared to the manner of proposed by the Seller.
The Buyer may not withdraw from the contract if the defect of the Product is not significant.
The seller recognizes the complaint within 14 days from the date of its receipt. If the Seller does not respond to the Buyer's, who is a Consumer, requests within 14 days, the request is considered justified. The second sentence also applies to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on Central Register and Information on Economic Activity. The Seller shall inform the Buyer about the method of settling the complaint in writing or to the Buyer's e-mail address.
When the fulfillment of the Buyer's requests involves the delivery of a new or repaired Product, the Seller shall bear the delivery costs.
As part of the E-Store, the Seller presents digital photos of the Products offered, with the reservation that there may be slight - due to technical reasons - differences between the appearance of the Products in the photos and the actual appearance of the Products, in particular regarding the colors of the Products ordered.

[WITHDRAWAL FROM THE AGREEMENT]

Pursuant to the provisions of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Buyer - having the status of a Consumer, has the right to withdraw from the Agreement without giving any reason by submitting a declaration to the Seller in within 30 days from the date on which the Buyer took possession of the Product acquired under the concluded Agreement transferring his property.
The declaration of withdrawal should be submitted directly to the Seller:
via e-mail to the following address: kontakt@homlando.com or in writing to the following address: ul. Nadstawna 12a, 23-400 Bilgoraj.
The Buyer may use the model form of the declaration of withdrawal from the Distance Sale Agreement / Annex 2 to these Regulations /.
In the event of withdrawal from the Sales Agreement, the Consumer is obliged to immediately return the Product at his own expense to the Seller to the following address: BIM Sp. z o. o., Wholesale BIM, ul. Konopnicka 4, 22-670 Bełżec, and in any case not later than within 30 days from the date on which the Seller submitted a declaration of withdrawal from the Agreement.
If the Product cannot be returned by regular mail, the Seller is obliged to collect it at his own expense.
The product should be returned unchanged and complete, packed in a way that protects it from damage during transport. The proof of purchase should be attached to the returned Product. The consumer is responsible for reducing the value of the Product resulting from using the Product in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
In the event of withdrawal from the Sales Agreement, the Seller shall immediately return to the Consumer all payments received from him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by him other than the cheapest standard delivery method offered by the Seller), and in any case not later than within 14 days from the date of receipt of the Product's return from the Buyer. The reimbursement will be made to the Consumer's bank account or to his payment card, i.e. in a manner corresponding to the form of payment by him for the ordered Product, unless he has agreed to a different method of reimbursement.
The above right to withdraw from the contract is also available to a natural person concluding a contract directly related to his business activity, if the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.

[EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE AGREEMENT]

1. Pursuant to Art. 38 of the Act of 30 May 2014 on Consumer Rights, the right to withdraw from a contract concluded outside the business premises or at a distance is not entitled to the Consumer in relation to contracts:
in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs,
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

[EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
AND RULES OF ACCESS TO THESE PROCEDURES BY CONSUMERS]

The consumer is entitled to an out-of-court complaint and redress procedure.
Within the framework of the powers referred to in para. 1, the Consumer may in particular:
obtaining free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Consumer Federation),
addressing the provincial inspector competent for the place of business activity by the entrepreneur in order to resolve a consumer dispute in the manner and on the terms specified in art. 36 of the Act

on the Trade Inspection of December 15, 2000 (Journal of Laws 2001, No. 4, item 25, as amended),

to apply to a permanent arbitration court at voivodeship inspectors to review a consumer dispute in the manner and on the terms specified in art. 37 of the Trade Inspection Act of December 15, 2000 (Journal of Laws 2001, No. 4, item 25, as amended), the list of which is available on the website at uokik.gov.pl , in the "Settlement of consumer disputes" tab,
The consumer as part of the exercise of the rights set out in paragraph 1 also has the option of using the ODR online platform for resolving disputes between consumers and entrepreneurs, created within the European Union, which is available in Polish at the following address:

http://ec.europa.eu/consumers/odr/ , which sets out the procedures for submitting complaints and resolving them.

[PRIVACY PROTECTION]

The administrator of personal data processed in connection with the functioning of the E-Store at the internet address homlando.com is the Service Provider. The collection of personal data has been reported to the Chief Inspector of Personal Data Protection (GIODO).
By creating an account in the E-Store or completing the Delivery Form, the User agrees to the processing of his personal data provided by him in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of

April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection: Journal of Laws UE L 119, p. 1) and the Act of May 10, 2018 on the protection of personal data, in order to conclude an Agreement for the provision of electronic services or a Sales Agreement and to the extent necessary for the proper implementation of the contracts in question and for other purposes for which the User has consented (including for marketing purposes) .

Personal data is processed in accordance with the applicable legal provisions referred to in para. 2, and in accordance with the Privacy Policy, constituting Annex 1 to the Regulations. The consent to the sharing, processing and transfer of personal data is fully voluntary. All rights related to the protection of personal data and the methods of their implementation are set out in the Privacy Policy.
The E-Store uses Cookies text files, which are saved by the server and stored on the User's end device in order to optimize the use of the E-Store, adapt its structure and content to the User's individual needs, as well as for the purposes of creating statistics. A user who does not consent to the use of the files in question may at any time change the browser settings not to accept such files or inform about their transfer. Disabling cookies may make it difficult or even impossible to use the E-Store. A detailed description of how cookies work

and similar are included in the Privacy Policy.

[FINAL PROVISIONS]

In matters not covered by these Regulations, the relevant provisions of Polish law (applicable law) shall apply, in particular the Civil Code and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
The Service Provider reserves the right to amend the Regulations.
Any changes to the Regulations come into force on the date indicated by the Service Provider, but not shorter than 14 days from the date of its publication on the website.

main E-shop.

If the User does not consent to the amendment of the provisions of the Regulations, he is entitled to terminate the Agreement for the provision of electronic services in the manner specified in § 4 para. 3 of the Regulations.
The provisions of the Regulations in the version prior to the amendment shall apply to concluded sales contracts before the effective date of the amendment to the Regulations.
For Users who do not have the status of a Consumer

within the meaning of the provisions of the Civil Code, all court disputes between Users and the Seller will be settled by Polish common courts having jurisdiction over the Seller.

With regard to Users who have the status of a Consumer, all court disputes between Consumers and the Seller will be resolved by common courts according to general or alternating jurisdiction based on

for the relevant provisions of the Code of Civil Procedure.

These Regulations enter into force on May 30, 2018.
An integral part of the Regulations is:
Privacy policy ,
Appendix 1 - a template form of a declaration of withdrawal from a Distance Sale Agreement.

Postanowieni ogólne

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