Regulations

§1 Definitions

1. Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or flat number; in the case of a town not divided into streets: town and property number), zip code and town.

2. Reclamation Address:

BOCO WEAR
ul. Królewska 57,
30-081 Kraków
Poland

Price list for deliveries - available at bocowear.com, delivery listing of available delivery types and their costs.

1. Delivery - type of transport service with the carrier and cost specified in the delivery price list located at bocowear.com

2. Proof of purchase - invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended and other relevant legal regulations.

3. Product card - a single store subpage containing information about a single product.

4. Customer - an adult natural person with full legal capacity, legal person or organizational unit without legal personality but having legal capacity, making a purchase from the Seller directly related to his business or professional activity.

5. Civil Code - the Civil Code Act of April 23, 1964, as amended.

6. Code of good practices - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on counteracting unfair market practices of August 23, 2007, as amended.

7. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.

8. Basket - a list of products made from products offered in the store based on the Buyer's choices.

9. Buyer - both Consumer and Customer.

10. Place of delivery - postal address or collection point indicated in the order by the Buyer.

11. The moment of handing over the item - the moment when the Buyer or a third party indicated by him for collection takes possession of the item.

12. Payment - method of payment for the subject of the contract and delivery

13. Consumer law - the Act on consumer rights of 30 May 2014.

14. Product - the minimum and indivisible quantity of items that can be the subject of the order, which is given in the Seller's store as a unit of measure when determining its price (price / unit).

15. Subject of the contract - products and delivery subject to the contract.

16. Subject of the service - subject of the contract.

17. Collection point - a place of delivery of items that is not a postal address, listed in the statement provided by the Seller in the store.

18. Item - a movable item that may be or is the subject of the contract.

19. Store - the website available at bocowear.com, through which the Buyer can place an order.

20. Seller:

Fit Wear Krzysztof Iwanek

Ulubiona 16B

32-085 Modlnica

NIP (tax identification number): 539-145-23-40

REGON: 365802900

1. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for a given type of network, commonly referred to as the Internet.

2. Completion date - the number of hours or working days specified on the product card.

3. Contract - a contract concluded outside the business premises or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of April 23, 1964 in the case of Buyers.

4. Defect - both a physical defect and a legal defect.

5. Physical defect - non-compliance of the item sold with the contract, and in particular if the item:

5.1 it does not have properties that this kind of thing should have due to the purpose in the contract marked or resulting from circumstances or destination;

5.2 does not have properties that the Seller has provided to the Consumer,

5.3 it is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;

5.4 has been delivered to the Consumer in an incomplete state;

5.5 in the event of incorrect installation and commissioning, if these activities were carried out by the Seller or a third party for which the Seller is responsible, or by a Consumer who has followed the instructions received from the Seller;

5.6 it does not have the property provided by the producer or his representative or a person who places the item on the market in the scope of his business activity and a person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the producer, unless The seller did not know these assurances or, judging reasonably, could not know or they could not influence the consumer's decision to conclude the contract, or when their content was corrected before the conclusion of the contract.

6. Legal defect - a situation when the item sold is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.

7. Order - Buyer's declaration of intent made through the store stating clearly: the type and quantity of products; type of delivery; payment method; place of delivery of goods, Buyer's data and aimed directly at the conclusion of a contract between the Buyer and the Seller.

§2 General conditions

1. The contract is concluded in Polish, in accordance with Polish law and these regulations.

2. The place of delivery must be on the territory of the Republic of Poland.

3. The seller is obliged and undertakes to provide services and provide items free from defects.

4. All prices provided by the Seller are expressed in the Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.

5. All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the deadline marked in days ends on the expiry of the last day, and if the beginning of the deadline marked in days is an event, it is not included in the calculation of the date of the day on which the event occurred.

6. Confirmation, access, consolidation, protection of all material provisions of the contract in order to gain access to this information in the future takes the form of:

6.1 order confirmation by sending to the e-mail address provided: orders, pro forma invoices, information about the right to withdraw from the contract, these regulations in pdf version, links to download the rules yourself and a pattern of withdrawal from the contract;

6.2 attach to the completed order sent to the indicated place of delivery of printed things: proof of purchase, information about the right to withdraw from the contract, these regulations,

7. The seller informs about guarantees known to him granted by third parties for products in the store.

8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer incurs its costs in the amount resulting from the contract he has concluded with a third party providing for him a specific service enabling distance communication.

9. The Seller provides the Buyer using the system that the store works correctly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with resolution horizontal above 1024 px. The use of third-party software affecting the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the store, so in order to obtain the full functionality of the bocowear.com store, you must turn them off.

10. The buyer may use the option of saving his data by the store to facilitate the process of placing the next order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters set by the Buyer who is obliged to keep them secret and protect against unauthorized access by third parties. The buyer has the opportunity to view, correct, update data and delete the account in the store at any time.

11. The seller follows the code of good practice.

12. The buyer is obliged to:

12.1 not to provide or transfer content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,

12.2 use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,

12.3 not taking actions such as sending or placing unsolicited commercial information (spam) as part of the store,

12.4 use the store in a way that is not burdensome for other Buyers and for the Seller,

12.5 use all content posted as part of the store only for personal use,

12.6 use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general rules of netiquette.

§3 Conclusion of the contract and implementation

1. Orders can be placed 24 hours a day.

2. To place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:

2.1 adding a product to the cart;

2.2 choice of delivery type;

2.3 choice of payment type;

2.4 choice of place of delivery;

2.5 placing an order in the store by using the "Order and pay" button.

3. Conclusion of the contract with the consumer takes place when the order is placed.

4. The implementation of the Consumer's order payable on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to provide the service fault and informed the Seller about it.

5. Conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller, which he informs the Customer within 48 hours of placing the order.

6. The Customer's cash on delivery payment order is carried out immediately after the conclusion of the contract, and the order paid by bank transfer or via the electronic payment system after the conclusion of the contract and the Customer's payment is credited to the Seller's account.

7. The implementation of the Customer's order may depend on making a payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the Seller's consent to sending the order on delivery (payable on delivery).

8. Sending the subject of the contract takes place within the time limit specified on the product card, and for orders consisting of many products within the longest time specified on the product cards. The period begins when the order is processed.

9. The purchased subject of the contract is, together with the sales document selected by the Buyer, sent by the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 item 6b.

§4 Right to withdraw from the contract

1. The consumer is entitled pursuant to art. 27 Consumer Law, the right to withdraw from a distance contract, without giving any reason

2. The withdrawal period from a distance contract is 14 days from the date of delivery of the item, and to meet the deadline it is enough to send a statement before its expiry.

3. The consumer may submit a declaration of withdrawal from the contract using the form, which is attached as Annex 2 to the Consumer Law, on the form available at bocowear.com or in another form that complies with Consumer Law.

4. The Seller will immediately confirm to the Consumer by e-mail (provided when concluding the contract and another if provided in the submitted statement) the receipt of a statement of withdrawal from the contract.

5. In the event of withdrawal from the contract, the contract is considered void.

6. The consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.

7. The consumer returns the items that are the subject of the contract from which he withdrawn at his own expense and risk. The return applies to products that have not been used or damaged.

8. The consumer does not bear the costs of providing digital content that is not stored on a tangible medium, if he did not agree to the performance of the service before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur provided confirmation in accordance with art. 15 paragraph 1 and art. 21 paragraph 1. Consumer law.

9. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

10. The Seller shall immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the contract submitted by the Consumer, return the money to the Consumer, and the Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed otherwise. a payment that does not involve any costs for him.

11. The Seller may withhold the reimbursement of the payment received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.

12. The consumer, in accordance with Article 38 of Consumer Law, is not entitled to withdraw from the contract:

12.1 in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;

12.2 in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

12.3 in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;

12.4 in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

12.5 in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;

12.6 in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

12.7 for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract;

12.8 for delivering newspapers, periodicals or magazines, with the exception of subscription contracts.

§5 Warranty

1. The seller pursuant to art. 558§1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).

2. The Seller is liable to the Consumer on the terms set out in art. 556 of the Civil Code and subsequent ones for defects (warranty).

3. In the case of a contract with a consumer, if a physical defect was found within one year of delivery of the item, it is assumed that it existed at the time the danger passed to the consumer.

4. The consumer, if the item sold has a defect, may:

4.1 make a statement requesting a price reduction;

4.2 make a statement of withdrawal from the contract;

unless the Seller immediately and without undue inconvenience to the

Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to exchange the item for one free of defects or to remove the defect, he shall not have the right to replace the item or remove the defect.

5. The consumer, if the item sold has a defect, may also:

5.1 demand replacement of the item with one free of defects;

5.2 demand that the defect be removed.

6. The seller is obliged to replace the defective item for a non-defective one or remove the defect within a reasonable time without undue inconvenience to the consumer.

7. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the second possible way to bring it into conformity with the contract.

8. In the event that the defective item has been installed, the Consumer may require the Seller to disassemble and reinstall it after replacing it with a non-defective one or remove the defect, however, it is obliged to bear part of the costs related to it exceeding the price of the item sold, or may require the Seller to pay part of the cost disassembly and reinstallation, up to the price of the item sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.

9. The consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in a place which thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.

10. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 item 10.

11. If the complaint is not considered, the cost of shipping the item claimed to the Consumer is covered by the Consumer.

12. If the advertised Goods are not picked up by the Buyer, Boco Wear will call the Buyer in writing or possibly in another way personally agreed with him to collect the Goods within 14 days from the date of receiving such a call. After the ineffective expiry of this period, Boco Wear will be entitled to dispose of the goods or to charge fees for the non-contractual storage of the Goods in the amount of PLN 4.

13. The Seller is obliged to accept a defective item from the Consumer in the event of exchanging the item for one free of defects or withdrawing from the contract.

14. The seller within fourteen days will respond to:

14.1 statements about the demand for price reduction;

14.2 statements of withdrawal from the contract;

14.3 request to exchange the item for one free of defects;

14.4 defect removal requests.

Otherwise, it is considered that he considered the Consumer's statement or request justified.

15. The Seller is liable under the warranty if a physical defect is found within two years of the item being handed over to the Consumer, and if the subject of sale is used item within one year of the item being handed over to the Consumer.

16. The consumer's claim for removing the defect or replacing the item sold for a non-defective one expires after one year from the date the defect was found however, not earlier than two years after the date of issue

things to the Consumer, and if the subject of sale is a used item

within one year from the moment of handing over the item to the Consumer.

17. In the event that the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before the expiry of that period.

18. Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or a price reduction due to a physical defect of the item sold, and if the Consumer demanded replacement of the item for a non-defective one or removal of the defect, the deadline for submitting a statement of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline to exchange things or remove the defect.

19. In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights that the Consumer is entitled under this title shall be suspended until the final termination of the proceedings. Accordingly, it also applies to mediation proceedings, where the deadline for exercising other rights under the warranty, entitled to the Consumer, begins to run from the day the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation.

20. To exercise the rights under the warranty for legal defects of the item sold, §5 points 15-16 apply, except that the period begins from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of actions of a third party - from the day on which the decision issued in the dispute with the third party became final.

21. If, due to a defect in things, the Consumer has made a statement of withdrawal from the contract or price reduction, he may request compensation for the damage he suffered because he concluded the contract, without being aware of the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, in particular, it may demand reimbursement of the costs of concluding the contract, costs of collection, transport, storage and insurance of goods, reimbursement of expenditure made to the extent that it has not benefited from them, and has not received their reimbursement from a third party and reimbursement of the costs of the process. This does not prejudice the provisions on the obligation to repair damage on general principles.

22. The expiry of any period for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.

23. The Seller, if he is obliged to provide or provide a financial benefit to the Consumer, performs it without undue delay, no later than the deadline provided for by law.

§6 Privacy policy and personal data security

1. The administrator of databases of personal data provided by the consumers of the store is the Seller.

2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Act of July 18, 2002. The Buyer, by providing his personal data to the Seller when placing the order, consents to their processing by the Seller in order to complete the order. The buyer has the opportunity to view, amend, update and delete his personal data at any time.

3. Detailed rules for collecting, processing and storing personal data used to process orders by the store are described in the Privacy Policy

§7 Final provisions

1. Nothing in these Regulations is intended to violate the Buyer's rights. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the regulations.

2. Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced to adapt the regulations to the applicable legal status.

3. The current version of the regulations is always available to the Buyer in the regulations tab. During the execution of the order and throughout the entire after-sales care of the Buyer, the regulations accepted by him when placing the order shall apply. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.

4. In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputed issues, if the Consumer so wishes, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU ODR online platform at http://ec.europa.eu/consumers/odr/. As a last resort, the matter is resolved by a court having local and factual jurisdiction.

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