TERMS OF USE

TABLE OF CONTENTS:

GENERAL RULES

ELECTROINC SERVICES OF ONLINE STORE

CONDITIONS FOR CONCLUDING A SALE AGREEMENT

METHODS AND TERMS OF PAYMENT

COST, METHODS AND TERMS OF SHIPPING AND PICKUP

PRODUCT COMPLAINT

EXTRAJUDICAL MOETHODS OF COMPLAINT RESOLUTION, REDRESS AND RULES OF ACCES TO THOSE PROCEDURES

RIGHT OF WITHDRAWAL

RULES CONCERNING ENTREPRENEURS

FINAL PROVISIONS

Online Store www.bubalove.pl cares about consumer rights. The consumer cannot waiver the rights granted them in the Consumer Rights bill. Agreement’s provisions that are less favorable then those granted in aforementioned bill are considered invalid and the bill’s provisions shall apply. Therefore, provisions of these rules are not to be considered as restrictions or exclusions of rights granted by any mandatory rules of law and any possible uncertainties shall be interpreted in favor on the consumer. In case of any nonconformities of provisions of these rules with the above-mentioned laws, these laws shall have precedence.

  1. GENERAL RULES
    • Online store available at ww.bubalove.pl is run by MARTYNA GŁOWACKA, doing business as MOSCA Martyna Głowacka, registered in Central Evidence and Information of Business Activity of the Republic of Poland conducted by the Minister responsible for economic affairs. Address Górna St. 8/10, flat 13 91-080 Łódź or alternatively 18/22 Rolna St., flat 10, 97-200 Tomaszów Mazowiecki and mailing address 18/22 Rolna St., flat 10, 97-200 Tomaszów Mazowiecki, NIP 72727339266, REGON 100669450, email: biuro@bubalove.pl, telephone number: 516836575.

WORK DAY – one day from Monday to Friday, with the exception of bank days.

REGISTRATION FORM – The form available on the online store, that allows creation of a user account.

ORDER FORM – Electronic service, interactive form allowing placement of an order, in particular by adding products to the electronic cart and specifying terms of the sales agreement, methods of shipping and payment included.

CUSTOMER – (1) A natural person having full legal capacity and in cases defined by mandatory laws also a natural person with limited legal capacity; (2) legal entity or (3) organizational unit not equipped with legal capacity, that is granted legal capacity by law; – that has or is willing to conclude a sales agreement with the seller.

CIVIL CODE – The bill “Kodeks cywilny of 23rd April 1964r. (dz. U. 1964 nr 16 poz. 93 ze zm.)”

ACCOUNT – Electronic service, marked by an individual name (login) and a password set by the client in the ICT system of the service provider, that contains data given by the customer and information about orders placed by them on the online store.

NEWSLETTER – Electronic service, electronic distribution service provided by the service provider via email, that allows their users to receive periodic information about products, novelties and promotions on the online store

PRODUCT – a movable available on the online store, that is the subject of the sales agreement concluded between the client and the seller

TERMS OF USE – these terms of use of the online store

ONLINE STORE – online store of the service provider available at www.bubalove.pl

SELLER; SERVICE PROVIDER – MARTYNA GŁOWACKA registered in Central Evidence and Information of Business Activity of the Republic of Poland conducted by the Minister responsible for economic affairs. Address Górna St. 8/10, flat 13 91-080 Łódź or alternatively 18/22 Rolna St., flat 10, 97-200 Tomaszów Mazowiecki and mailing address 18/22 Rolna St., flat 10, 97-200 Tomaszów Mazowiecki, NIP 72727339266, REGON 100669450, email: biuro@bubalove.pl, telephone number: 516836575.

SALES AGEEMENT – sales agreement of the product concluded between the client and the seller via the online store.

ELECTRONIC SERVICE – a service provided to the client electronically by the service provider via the online store.

CLIENT – (1) A natural person having full legal capacity and in cases defined by mandatory laws also a natural person with limited legal capacity; (2) legal entity or (3) organizational unit not equipped with legal capacity, that is granted legal capacity by law; – that uses or plans to use the electronic service.

CONSUMER LAWS BILL – the “Consumer laws bill of 30th May 2014 (Dz. U. 2014 poz 827 z pózn. Zm.)

ORDER – Client’s declaration of intent by means of the order form, that aims directly at conclusion of the sales agreement with the seller.

  1. ELECTRONIC SERVICES ON THE ONLINE STORE
    • The following electronic services are available on the online store: An account, an order form and a newsletter.
      • Account – using the account is possible after completion of the following steps by the Client – (1) completion of the registration form (2) clicking on the “create an account” button and (3) confirmation of registration by clocking on the confirmation link sent automatically via email to the given address. In the registration form it is necessary, that the Client provides the following data: name and surname or name of the company, address (street, building and flat number, zip code, city and country), email, telephone number and password. In case of non-consumer clients, it is also necessary to provide name of the company and NIP (Client’s taxpayer identification number equivalent)
        • Electronic service – account – is provided free of charge for an unlimited time. The client has the ability, at any time and without providing the reason, to delete the account (resignation from the account) by sending a proper request to the service provider, in particular via email on address biuro@bubalove.pl or in writing to 18/22 Rolna St. flat 17, 97-200 Tomaszów Mazowiecki.
      • Order form – use of the order form begins the moment the client adds the first product to the electronic cart on the online store. Placing of the order takes place after completion of the following steps – (1) after filling out the order form and (2) clicking the “Confirm order” button on the online store – until this very moment it is possible to modify the order by the customer (in order to do so it is required to follow the communicates shown and information available on the online store). In the order form it is necessary, that the Client provides the following data: name and surname or name of the company, address (street, building and flat number, zip code, city and country), email, telephone number and password. In case of non-consumer clients, it is also necessary to provide name of the company and NIP (Client’s taxpayer identification number equivalent)
  1. In writing on address: 18/22 Rolna St. flat 17, 97-200 Tomaszów Mazowiecki
  2. Electronically via email on address biuro@bubalove.pl
    • It is recommended that in the complaint the client provides the following: (1) information and circumstances regarding the subject of the complaint, in particular type and date of the nonconformity’s occurrence; (2) Client’s demand and (3) contact information – it will ease and accelerate the complaint process. The abovementioned requirements are only recommendations and do not affect effectiveness of a complaint that was filed without them.
    • The service provider will take a stance on the complaint immediately but not later than in 14 calendar days for the day of submission.
  3. TERMS OF SALES AGREEMENT CONCLUSION
    • A sales agreement is concluded between the seller and the customer takes place after placement of an order by the customer via the order form on the online store accordingly to subsection 2.1.2 of these terms.
    • The price shown on the online store is expressed in PLN and includes taxes. The total price with taxes of the ordered product and also shipping cost (cost of transportation, delivery and postal services) and other costs, and if those costs cannot be estimated – about the obligation to pay them, is reported to the customer on the online store during the order placement process, that is also at the time the customer expresses the will to conclude a sales agreement.
  1. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
    • The seller allows to make payments in the following manners:
  2. COD payment
  3. Payment via a money transfer to the account of the seller.

MOSCA Martyna Głowacka (registered address of the company)

  1. Górna 8/10 m 13 91-080 Łódź

Payments in PLN:

BRE BANK S.A. 10 1140 2004 0000 3002 6195 3436

Payments in EURO:

mBank S.A. FORMERLY BRE BANK S.A.

PL47 1140 2004 0000 3012 0412 8708

BIC/SWIFT BREXPLPWMBK

  1. Electronic payments and card payments via bluemedia.pl – currently available methods of payments are shown on the online store in the tab “Methods of payment” and on the webpage bluemedia.pl.
  2. Paypal to the address: martyna@gmail.com

The entity providing online payment service is Blue Media S.A. based in Sopot, 6 Haffnera St., 81-717 Sopot, registered in the National Court Registry, KRS 0000320590, NIP 585-13-51-185, REGON 191781561. Capital 2.000.000,00 PLN paid in full.

  1. COST, METHODS AND TERMS OF SHIPPING AND PICKUP
    • Product delivery is possible in the Republic of Poland and to countries that Poczta Polska S.A. and their partners provide their postal services.
  1. Registered priority parcel in case of international delivery
  2. Courier delivery, COD courier delivery and Paczkomat Inpost.
    • Delivery of the product takes up to 14 work days, unless shorter term has been stated in product description or during order placement process. In case of products with different delivery terms, the proper term is the longest of them, which however cannot be longer than 14 work days. The beginning of the term is calculated as follows:
      • If the customer has chosen to pay via a transfer, electronic payment or card payment – from the date of crediting the seller’s bank or billing account.
      • If the customer has chosen COD payment – from the date of sales agreement conclusion.
  1. PRODUCT COMPLAINT (APPLIES TO SALES AGREEMENTS CONCLUDED SINCE 25TH OF DECEMBER 2014)
    • The basis and scope of the seller’s liability towards the customer, if the product has physical or legal defect (warranty), are defined by mandatory rules of law, in particular in the civil code.
    • The seller is obliged to deliver a flawless product to the customer. Detailed information concerning seller’s liability for product’s defects and consumer’s rights can be obtained on the online store in the tab “RETURN, EXCHANGE AND COMPLAINTS”
  1. In writing to address: 18/22 flat 17 Rolna St., 97-200 Tomaszów Mazowiecki
  2. Electronically via email to biuro@bubalove.pl
  1. EXTRAJUDICAL MOETHODS OF COMPLAINT RESOLUTION, REDRESS AND RULES OF ACCESS TO THOSE PROCEDURES
    • Detailed information concerning the ability of a customer, that is a consumer, to use extrajudicial methods of complaint resolution, redress and ruler of access to those procedures is available at headquarters and on websites of county consumer ombudsman (Powiatowy Rzecznik Konsumentów), social organizations, whose statutory goals concern consumer protection, Provincial Inspectorates of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) and on
  1. RIGHT OF WITHDRAWAL (APPLIES TO SALES AGREEMENTS CONCLUDED DINCE 25TH OF DECEMBER 2014)
    • Consumer, that has concluded a distance contract, may withdraw from it within 14 calendar days period without providing any cause and with no costs, excluding the costs mentioned in subsection 8.8 of these terms. The term is kept when within the abovementioned period a withdrawal statement is sent. The statement can be sent in the following manners:
  2. In writing to the address 18/22 flat 17 Rolna St., 97-200 Tomaszów Mazowiecki
  3. Electronically via email on biuro@bubalove.pl
    • Sample statement of withdrawal is contained in the attachment no. 2 to the Consumer Rights bill. The consumer may use the sample, but it is not required
    • The term, within which the withdrawal is possible starts:
  1. RULES CONCERNING ENTREPRENEURS
    • This section of these terms and its provisions apply solely to customers and clients that are not considered to be consumers.
    • The seller has the right of withdrawal from an agreement concluded with the client, who is not considered to be a consumer, in 30 calendar days form the date of its conclusion. Withdrawal right in this case shall be exercised without stating the cause and does not create any claims for the customer that is not considered to be a consumer.
    • In case of customers that are not considered to be consumers, the seller has the right to restrict available payment methods and demand prepayment in part or in full, regardless of the payment method chosen by the customer and the fact of sales agreement conclusion.
    • The moment the seller issues the product to the carrier, the customer, who is not considered to be a consumer shall be entitled to all benefits and burdens associated with the product and also shall be responsible for the risk of damage caused in transport. The seller in such case shall not be liable for loss, defect or damage of the product that occurred in transport or for delay in transport.
  1. FINAL PROVISIONS
    • Agreements concluded via the online store are concluded in polish language.
    • Changes to these terms:
      • Service provider reserves the right to make changes to these terms for important reasons, that is: change of law; change of methods of payments and shipping – in scope that influence the execution of provisions of these terms.
      • Where a continuous agreement is concluded under these terms and conditions (ex. Provision of digital service – an account), the change in terms applies to the client only if the requirements set by art. 384 and 384[1] are met, that is if the client has been properly informed about the changes and has not withdrawn from the agreement within a 14 calendar day period from the date of information. In case the change in terms and conditions causes any new fees or an increase in existing fees, the client that is considered to be a consumer, shall have the right of withdrawal.
      • Where an agreement different then continuous agreement is concluded (ex. Sales agreement), the changes made to these terms shall not infringe in any way the rights gained by clients/customers, who are considered to be consumers, before the date of entry into force, particularly the changes shall not have any effect on already placed orders and concluded, in the process of implementation or implemented sales agreements.
      • In matters not regulated by these terms, the provisions of polish law shall apply, in particular: the civil code, the bill of providing services electronically of 18 July 2001 (Dz.U. 2002 nr 144, poz. 1204 ze zm.); for sales agreements concluded since 25th of December 2014 with customers, who are considered to be consumers – provisions of the rights of the consumer bill of 20th of May 2014 (Dz.U. 2014 r. poz. 827 ze zm.); and other applicable mandatory laws.
        Current wording of these terms is published on the online store bubalove.pl and is delivered free of charge to the customer (electronically) for every request.

These terms are in force since 29th of January 2019.

GDPR

On date 25th of May 2018 the General Data Protection Regulation, that is Decree of the European Parliament and The Council of European Union 2016/679 of 27th April 2016, concerning the protection of natural persons’ personal data processing and free flow of that data and abrogation of directive 95/46/EU entered into force. Its objective is modernization and standardization of personal data regulations in the European Union.

The decree imposes new duties and guidelines concerning management and processing of personal data on entrepreneurs. Keeping in mind proper process and security of your personal data, we hereby inform that:

  1. The administrator:

Company MOSCA Martyna Głowacka, registered in Central Evidence and Information of Business Activity of the Republic of Poland conducted by the Minister responsible for economic affairs. Address Górna St. 8/10, flat 13, 91-080 Łódź or alternatively 18/22 Rolna St., flat 10, 97-200 Tomaszów Mazowiecki and mailing address 18/22 Rolna St., flat 10, 97-200 Tomaszów Mazowiecki, NIP 72727339266, REGON 100669450, email: biuro@bubalove.pl, telephone number: 516836575.

  1. Source of the data

Your data has been collected as a result of the process of account registration in our online store or placing orders as a guest.

  1. The data we collect:

Data required to login into the account:

Email

Password

And data required to order’s implementation (identification and invoicing) and shipping. In any case those are:

Name

Surname

Name of the company

Full address

Taxpayer dentification number (NIP; in case of invoicing)

Telephone number

  1. Automatic personal data processing

Data collected automatically (cookies) is used to personalize content of our pages and analyze behaviors of our users (profiling). Data processed in this manner do not allow user’s identification, because they are stored in a structure separated from other data. Mor information about the automatically collected data (cookies) is available in the Terms of use and Privacy Policy

  1. Collected data is processed in the following purposes:

Implementation of obligations based on the concluded agreements,

Handling of the orders placed in our company,

Taxation and accounting (required by the rules of law),

Delivery of services concerning online payments,

Ensuring security on bubalove.pl,

Counteracting against abuse and law infringement against our service and company,

Statistical analysis,

Recovery of due payments, including any judicial and mediatory proceedings,

Monitoring users’ activity in order to develop and improve the service and adjust the offer to the proven interests,

Creation and presentation of various promotions, competitions and loyalty programs or other marketing information,

Sharing information not bound directly to a specific order, in particular answering questions from contact forms available on the online store,

Saving data in cookies

  1. Who can we share the data to?

The collected data can be shared to:

Our subcontractors in purposes necessary to implementation of specific orders,

Entities providing courier and postal services

Entities providing marketing services, that in our name and on our behalf conduct specific actions, such as newsletter,

Entities providing us with their ICT tools

Entities who service our ICT systems

Entities providing legal, accounting and taxation advise

Entities providing online payments in purpose of payment and possible returns realization

Entities providing recovery services outside the European Economic Area, that is to Google LLC based on proper legal safeguards, that are standard data protection contractual clauses approved by the European Comission.

  1. How shall one consent/revoke the consent to personal data processing and what rights do apply?

Everyone, who uses our company’s services, has the rights granted by GDPR, that is the right of access, correction and removal of their data, restriction of its processing, right of relocation of the data, not being the subject of automated decision making, including profiling and the right of objection to own personal data processing.

Right of objection to own personal data processing applies when the processing is based on the base of legally justified interest or in statistical purposes and the objection has to be justified by special situation regarding direct marketing (including profiling done for this purpose)

Consent to data processing shall be given or revoked in any moment by sending an email to the address biuro@bubalove.com. It is also possible to file a motion related to data processing that shall concern:

Data correction

Data removal

Restriction of access to the data

Access to the data (copy or information about the data we process)

Relocation of the data to a different administrator (in scope specified in art. 20 of GDPR).

We reserve the right to ask for additional information in order to check the credibility of the applicant.

Should the Client not give their consent to data processing in purpose of conclusion of the agreement or should they revoke it, a possible order shall be implemented based on art. 6 paragraph 1 letter B) of the Decree of the European Parliament and The Council of European Union 2016/679 of 27th April 2016, concerning the protection of natural persons’ personal data processing and free flow of that data and abrogation of directive 95/46/EU (General Data Protection Regulation) – for processing of the data will be necessary for implementation of the agreement and delivery of the goods to the client.

Data processing in marketing purposes shall take place only based on a given consent should it not be expressed in the registration process or later in the client’s panel or sent via email to biuro@bubalove.pl.

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