ONLINE SALE RULES
I. REGULATIONS AND GENERAL TERMS
These Rules shall specify the terms of placing and fulfilling orders and using the www.shop.bugala.eu platform.
The Rules are available at https://www.shop.bugala.eu/en/terms-and-conditions-of-sale
The online store available at www.shop.bugala.eu is dedicated to entrepreneurs.
The online stores operating under www.shop.bugala.eu as well as the www.bugala.pl online platform are operated by P.A.T. BUGAŁA sp.k. with registered office in Częstochowa, Poland, at ul. Legionów 98, entered into the Register of Entrepreneurs kept by the District Court in Częstochowa, XVII Commercial Division of the National Court Register under entry No. KRS 0000944337, Tax Id. No. (NIP): 5730207288, Industry Id. No. (REGON): 150020489, hereinafter referred to as the Seller.
The Customer can contact the Seller at the address: 42-200 Częstochowa, ul. Legionów 98, by phone at +48 34 368 24 46 (for both landline and mobile phones), at the e-mail address: sklep@bugala.eu or via a contact form available on the Seller’s websites.
To use the online stores and platform in a full extent, it is necessary to have:
a) Internet access,
b) a browser accepting cookies: - Internet Explorer in a version not older than IE 8, - Mozilla Firefox in a version not older than 4.0, - Google Chrome in a version not older than 27, - Opera in a version not older than 12.11,
c) minimum screen resolution of 1024x768,
d) an active e-mail account.
In order to make any inquiries and purchases in the online store and on the online platform, you can register on the website; however, it is not a prerequisite for placing an order/inquiry. The Seller shall not charge any fees for contacting it with the use of means of distant communication, while the Buyer shall incur related costs in the amount arising from an agreement concluded between the Buyer and a third-party provider of specific services allowing the Buyer to make use of a distant communication form.
II. DEFINITIONS
Address for Complaints – an address to which all complaints related to the delivery/sale of the Goods made by the Seller shall be addressed, i.e. P.A.T. BUGAŁA sp.k. ul Legionów 98, 42-200 Częstochowa.
Delivery Pricelist – a list of available types of delivery and their costs posted on the Seller's websites
Seller's Contact Details – address: P.A.T. BUGAŁA sp.k. ul Legionów 98, 42-200 Częstochowa, e-mail: sklep@bugala.eu, phone No.: +48 34 368 24 46
Delivery – a type of a transport service, including the specification of a carrier and cost, listed in the Delivery Pricelist
Proof of Purchase – an invoice or receipt issued in conformity with the Polish Act on the Taxation of Goods and Services of 11 March 2004, as amended, and other applicable laws
Buyer/Customer – the Consumer or the Entrepreneur making a purchase from the Seller
Civil Code – the Polish Act of 23 April 1964 - Civil Code, as amended
Consumer – a natural person making a purchase from the Seller not directly related to their business or professional activity
Shopping Cart – a list of the Products offered in the store selected by the Buyer
Place of Performance – a place indicated by the Customer in the Order as the place of receipt of the Goods/Products
Moment of Goods Release – a moment when the Buyer or a third party assigned by the Buyer to collect the Goods shall take possession thereof.
Online Platform – a website available under www.bugala.pl through which the Customer can send the Inquiry concerning the Products offered on the Platform.
Payment – a method of payment for an object of the Contract and for the Delivery
Foreign Entity – the Consumer or the Entrepreneur domiciled or incorporated outside of Poland
Consumer Law – the Polish Consumer Rights Act of 30 May 2014
Product – a movable advertised on the Online Platform
Entrepreneur – a natural person conducting business activity, a legal person and an unincorporated business unit with legal capacity under an Act, conducting business or professional activity on their own behalf
Online Store – a website available under www.e-pat.pl or www.shop.bugala.eu through which the Inquiry may be made or the Contract may be concluded for the purchase of the Goods available on the webpage.
Stationary Store – a place of direct sale located in Częstochowa at ul. Legionów 98
Seller – P.A.T. BUGAŁA sp.k. with registered office in Częstochowa at ul. Legionów 98, entered into the Register of Entrepreneurs kept by the District Court, XVII Commercial Division of the National Court Register, under entry No. KRS 0000944337, Tax Id. No. (NIP) 573-020-72-88, Industry Id. No. (REGON) 150020489
System – a set of cooperating hardware and software allowing for the processing, storing, sending and receiving of data through telecommunications networks with the use of terminal equipment appropriate for a given type of the network, commonly referred to as the Internet
Collection Date – a date on which the Goods/Products are ready for collection at the Seller's premises
Good – a movable included in the Seller's range of products through the www.e-pat.pl and shop.bugala.eu Online Stores
Contract – an offpremises or distance contract within the meaning of the Polish Consumer Rights Act of 30 May 2014 – in case of the Consumers, and a sales contract within the meaning of Art. 535 of the Polish Act of 23 April 1964 - Civil Code – in the case of the Entrepreneurs
Defect – both the Physical Defect and the Legal Defect
Physical Defect – the non-compliance of an item sold with the Contract
Legal Defect – a situation when an item sold is the property of a third party or is encumbered with a right of a third party, and a situation when a restriction to use or dispose of the item results from a decision or ruling of a competent authority.
Order – the Buyer's declaration of will made through the Online Store clearly specifying: the type and quantity of the Products, the delivery type, the payment method, a place of the release of the Goods and the Buyer's data, which:
a) aims directly at concluding the Contract between the Consumer and the Seller;
b) results in the conclusion of the Contract between the Entrepreneur and the Seller.
Inquiry – the Customer's declaration of will submitted by electronic means, e-mail or phone, expressing interest in the Goods or Products posted on the Seller's websites
III. ORDERS
Procedure for placing and fulfilling the Orders – applicable to the Entrepreneurs
Content of the www.shop.bugala.eu website shall be treated only as an invitation to conclude the Contract within the meaning of Art. 71 of the Civil Code and not as a binding offer; this shall apply to all the Products offered. It shall become binding only after the Seller has confirmed the Order which shall be the moment of the conclusion of the Contract.
The Store fulfils the Orders in Poland and abroad.
The Orders are processed on a first come first served basis and provided that the relevant Goods are available on stock.
By placing the Order or providing their data to enable the Contact, the Buyer declares that personal and company data entered by them is true and that they agree to be held fully responsible for the provision of any false or incorrect data.
It is the Buyer's responsibility to check all the data (Tax Id. No. (NIP), company details, delivery address, order content, payment method). In case of any non-compliance or gaps, the sales department shall be immediately contacted.
In case of the Orders for an amount higher than PLN 5,000 net (or its equivalent in another currency), the Seller may request for the Order to be confirmed, and only after it has been signed by the Buyer and sent back to the Seller, the Order shall be directed for processing. This shall apply primarily to the customised Goods (with a printed logo) and available upon request.
Standard lead time shall be 2-3 business days. The lead time comprises the time of picking up and preparing the Goods for shipment, but it does not include the product delivery time to the Customer. The Products are prepared for shipment and delivered on business days only. Attention! The lead time might be extended in the pre-Christmas period and after trade fairs, to which the Buyer agrees by placing the Order.
For some goods, the lead time is longer. In such a case, information about the lead time is placed directly on the website next to the selected Product or it is provided to the Customer after receiving the Inquiry.
In the case of cash on delivery/cash payments, the lead time is calculated from the moment of receipt of order confirmation. In the case of bank transfer payments, the lead time is calculated from the moment of crediting funds to the Seller's account.
The lead time for the Orders with a company print is longer compared to the standard one and is communicated to the Buyer at the moment of the order confirmation.
In order to effectively place the Order, it is necessary to read the Rules and accept them.
The Seller shall not be responsible for any designs and content sent for printing. By placing the Order, the Buyer represents that they have copyrights to the entire content provided for printing and that all elements of a design, if they constitute the work within the meaning of the Polish Copyright and Related Rights Act of 4 February 1994, are the Buyer's property. The Buyer shall bear full responsibility for any Legal Defects arising from the content of the work provided and designs carried out on their behalf, including for any violation of copyrights and other rights of third parties. Further, the Buyer represents that if the Buyer is not the only owner of a logo/brand or another element sent for printing, constituting the work within the meaning of the aforementioned Act, the Buyer has relevant consent/licence granted by an authorised person/entity to use the submitted graphics.
Any suggestions of changes to the Order placed shall be made by e-mail. The Seller shall take any changes to the Order into account if this is possible at a given stage of the order fulfilment. If the introduction of the changes requires additional funds, the Buyer undertakes to provide them in full.
The Orders can be processed as long as relevant items are available on stock. If the Order placed by the Customer has been confirmed by the Seller, whereas the Product is unavailable, the Seller shall propose a potential solution to the Customer, including an option to withdraw from the Contract. If the Customer has already paid, the Seller shall reimburse the funds in a form specified by the Customer.
The colors of products from different deliveries may differ in shade.
IV. DELIVERY, PRICES AND AVAILABLE PAYMENT FORMS
For the Orders to be delivered in Poland, delivery costs shall be calculated separately and quoted at the time of placing the Order. For the foreign Orders, a delivery cost shall be specified in a pro-forma for payment.
The Goods shall be delivered in accordance with a delivery form specified by the Customer in the Order or in any subsequent correspondence.
The delivery methods shall be:
a) personal collection at the Seller's premises after prior mutual confirmation of a collection date. The Seller shall not charge any fees for the personal collection. In order to collect the Goods, a valid identity document (an ID card, driving licence, passport) and order identification data shall be presented;
b) a courier service – in this case, the Customer is obliged to bear the delivery costs in accordance with the Delivery Pricelist referred to in Section 4;
c) a direct purchase at the Seller's premises.
The approximate delivery costs are presented in a table on the Online Store website in the 'Shipping' (Wysyłka) tab, while their exact calculation takes place at the time of ordering or in any subsequent correspondence.
The prices of the Goods in the www.shop.bugala.eu Online Store are given in Polish zlotys, are gross and include VAT in accordance with applicable tax laws.
The prices of the Goods/Products do not include the delivery cost. The delivery costs shall be added to the Order in accordance with a selected delivery form.
The payment forms shall be:
7.1 a bank transfer to the Seller's account – transfer details shall be included in the order confirmation sent to the Customer. The Payment shall be made in an amount consistent with the amount of the Order; further, the Payment shall refer to the exact number of the Order or another number specified by the Seller;
7.2 cash on delivery – cash payment shall be collected by a courier at the time of the Delivery;
7.3 on delivery – cash or card payment shall be collected at the Seller's premises at the time of releasing the Goods;
7.4. online T-pay payment (a credit card, online transfer, BLIK).
If the ordered Goods are customised, made according to the Customer's individual Order or imported by the Seller for the Customer, the Buyer is obliged to make a prepayment for the given Order, unless otherwise agreed with the Seller.
Each Order shall be accompanied by a VAT invoice or receipt which shall be supplied to the Customer along with the ordered Goods.
If the Customer has chosen the prepayment as a payment form and has failed to make it to the Seller's account in an agreed amount, the Order and its confirmation shall cease to be valid within three days from the placement of the Order; in such a case, it is necessary to re-submit the Order. Before cancelling the Order, the Seller shall contact the Customer to agree a payment date or to confirm the cancellation of the Order.
V. RETURNS AND STATUTORY WARRANTY (APPLICABLE TO THE ENTREPRENEURS)
Pursuant to Art. 558.1 of the Civil Code, the Seller completely excludes liability to the Entrepreneurs for the Physical and Legal Defects (statutory warranty).
Any Goods with a company logo printed, made on the Buyer's individual Order, may not be returned.
The return of any Goods/Products purchased by the Entrepreneur, other than those listed above, shall be possible only with the Seller's consent. The consent must be expressed in writing or by e-mail.
The Goods returned by the Buyer, provided that the return has been accepted by the Seller, should be packed in an appropriate manner so as to ensure no damage during transport; insofar as possible, the Goods should be packed in their original packaging. If it is not possible to repack the Product being returned in its original packaging, replacement packaging may be used as long as it does not damage the Product. The Goods returned in the aforementioned manner shall be accepted if the Product and accessories are undamaged and do not bear traces of use that testify to the use of the Product other than just for the purpose of checking it. The Goods should be complete and they shall be returned, together with documents, the Proof of Purchase for the Order and certificates issued at the time of sale, to the following address: PAT BUGAŁA sp.k., ul. Legionów 98, 42-200 Częstochowa, with an annotation: 'RETURN - ONLINE STORE'.
The Buyer shall return the Goods at their own expense, within 14 days at the latest, counted from the date of receipt of the Goods and the Seller's consent for the return.
With the returned Goods, the Customer shall return any Products/benefits that the Customer has received free of charge which could be received – or received at a preferential price – on condition that the Customer has purchased the Goods being returned.
The Goods imported upon request may not be returned without a good reason.
There is a possibility of returning the Goods, and filing a complaint, in person in the Stationary Store.
VI. RIGHT TO WITHDRAW FROM THE CONTRACT (APPLICABLE TO THE CONSUMERS ONLY)
Pursuant to Art. 27 of the Consumer Law, the Consumer is entitled to withdraw from any distance or offpremises Contract, without giving a reason and without incurring any costs, except for the costs specified in Art. 33 and Art. 34 of the Consumer Law.
A time limit for withdrawal from the distance or offpremises Contract is 14 days from the Moment of Goods Release, and for the time limit to be met, it is sufficient to send a statement before the expiry of the time limit in question.
The statement may be made:
by e-mail, at sklep@bugala.eu,
by phone, at +48 34 368 24 46,
by post, at the address: P.A.T. BUGAŁA sp.k. ul Legionów 98, 42-200 Częstochowa.
The Consumer may submit the statement on withdrawal from the Contract using a form attached as Appendix 2 to the Consumer Law or in any other written form compliant with the Consumer Law.
The Seller shall immediately confirm to the Consumer by e-mail (to the address provided while concluding the Contract and to another one if provided in the submitted statement) the receipt of the statement on withdrawal from the Contract.
In the event of withdrawing from the Contract, the Contract shall be deemed not concluded.
The Consumer is obliged to return a given item to the Seller forthwith, in any case within 14 days from the date of submission of the statement on withdrawal from the Contract at the latest. For the time limit to be met, it is sufficient to send the Goods being returned before the expiry of the time limit in question.
The Consumer shall return any items covered with the Contract from which the Consumer has withdrawn at their own cost and risk.
The Consumer shall be liable for any decrease in the value of an item covered with the Contract resulting from the use thereof in a way that goes beyond the scope necessary to determine the nature, features and functioning of the item.
The Seller shall return to the Consumer any payments made by the Consumer, including the costs of delivering any items, immediately, in any case within 14 days from the date of receipt of the statement on withdrawal from the Contract submitted by the Consumer and the return of the Goods at the latest. If the Consumer has chosen a delivery method other than the cheapest one offered by the Seller, then the Seller shall return to the Consumer only the equivalent of the cheapest shipment, and it shall not refund any additional costs in accordance with Art. 33 of the Consumer Law.
The Seller shall refund the payment using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different payment method. No refund method shall result in any additional costs for the Consumer.
The Seller may postpone the refund of the Customer’s payment until the item has been returned or until the Customer has submitted a proof of its return, whichever comes first.
Pursuant to Art. 38 of the Consumer Law, the Consumer is not entitled to withdraw from the Contract:
a) for the supply of any items that are bespoke, manufactured according to the Consumer’s specification or aimed at satisfying their individual needs;
b) for the supply of any items that are liable to deteriorate or expire rapidly;
c) for the supply of any items delivered in sealed packaging which cannot be returned after it has been opened due to health or hygiene reasons if the packaging has been opened after the receipt;
d) for the supply of any items that by nature are inseparably mixed with other items after delivery;
e) for the supply of any items that by nature are inseparably mixed with other items after delivery.
VII. STATUTORY WARRANTY (APPLICABLE TO THE CONSUMERS ONLY)
The Seller is obliged, and undertakes, to render services and deliver the Products free of any Defects.
The Seller shall be liable to the Consumer for any Defects according to the rules laid down in Art. 556 et seq. of the Civil Code (statutory warranty).
In the case of the Contract with the Consumer, if the Physical Defect has been detected before the lapse of a year from the Moment of Goods Release, the Defect shall be assumed to have existed at the moment of passing a risk onto the Consumer.
If an item sold has the Defect, the Consumer may:
a) make a statement demanding price reduction, or
b) make a statement on withdrawing from the Contract;
unless the Seller replaces the defective Product with the Product free of any Defects or removes the Defect, immediately and without any excessive inconvenience for the Consumer. However, if the given item has already been replaced or repaired by the Seller or if the Seller has failed to satisfy its obligation to replace the item with an item free of any Defects or to remove the Defect, the Seller shall not have the right to replace the item or repair the Defect.
Instead of having the Defect removed as proposed by the Seller, the Consumer may request replacement of the item with one free of any Defects or, instead of having the item replaced, the Consumer may request removal of the Defect, unless making the item compliant with the Contract in the manner selected by the Consumer is impossible or would involve excessive costs compared to the manner proposed by the Seller, where in order to assess whether the costs are excessive, the value of the item free of any Defects shall be considered as well as the type and significance of the Defect detected and inconvenience caused to the Consumer in case of satisfying the obligation otherwise.
The Consumer may not withdraw from the Contract if the Defect is insignificant.
If an item sold has any Defect, the Consumer may also:
a) request for the item to be replaced with one that is free of any Defects,
b) request for the Defect to be removed.
The Seller is obliged to replace the item with an item free of any Defects or to remove the Defect in reasonable time, without causing excessive inconvenience for the Consumer.
The Seller may decline to comply with the Consumer’s request if making the defective item compliant with the Contract in the manner selected by the Consumer is impossible or would involve excessive costs compared to another potential manner of ensuring its compliance with the Contract.
When exercising their rights under the statutory warranty, the Consumer is obliged to deliver the defective item, at the Seller's expense, to the Address for Complaints, and if, due to the item's characteristics or way of installation, delivering the item by the Consumer would be excessively complicated, the Consumer is obliged to allow the Seller to access the item in the place where it is kept. If the Seller fails to satisfy its obligation, the Consumer shall be entitled to send the item back at the Seller's cost and risk.
The replacement or repair costs shall be borne by the Seller, except for the situation set out in Chapter IX Section 10. In case of the replacement of a defective item with an item free of any Defects or in case of withdrawal from the Contract, the Seller is obliged to accept the defective item from the Consumer.
Within 14 days, the Seller shall address:
a) a statement demanding price reduction,
b) a statement on withdrawal from the Contract,
c) a request for the replacement of an item with an item free of any Defects,
d) a request for the Defect to be removed.
Otherwise, the Seller shall be deemed to have accepted the Consumer's statement or request as justified.
The Seller shall be liable under the statutory warranty if the Physical Defect is detected before the lapse of two years from the Moment of Goods Release to the Consumer.
The Consumer's claim for the removal of the Defect or the replacement of an item sold with the one free of any Defects shall expire after one year from the date of discovery of the Defect, yet in any case two years after the release of the item to the Consumer at the earliest.
In case of court or arbitration proceedings involving one of the rights under the statutory warranty, a time limit for the exercise of other rights available to the Consumer under the statutory warranty shall be suspended until the proceedings have been finally concluded. The aforementioned provision shall apply accordingly to mediation proceedings; however, a time limit for the exercise of other rights under the statutory warranty available to the Consumer shall run from the date of refusal by the court to accept settlement made before a mediator or from the date of the ineffective termination of the mediation.
The expiry of any time limit for the detection of the Defect shall not exclude an option to exercise rights under the statutory warranty if the Seller has deliberately concealed such Defect.
VIII. PERSONAL DATA PROTECTION
A controller of your personal data shall be the Seller, i.e. P.A.T. BUGAŁA sp.k. of Częstochowa. You can contact us at the address: ul. Legionów 98, Częstochowa, by phone at +48 34 368 24 46 or by e-mail at sklep@bugala.eu.
Your data will be processed in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, the GDPR).
In order to inquire about the Seller's offer presented on its website, you need to provide your name, surname and e-mail address. These are the basic personal data that the Seller must have in order to be able to answer a question asked by you. You can also provide the Seller with your phone number so that it can contact you by phone.
By making the Inquiry regarding the offer via the website, you concurrently consent to the processing of the personal data such as your name, surname, e-mail address and, possibly, a telephone number, and you provide any such data voluntarily. A basis for the processing of the data shall be your consent. There is no obligation to provide the data, but if you refuse to provide them, it shall not be possible to answer your Inquiry.
If you decide to purchase the Seller's Goods online, your personal data (name, surname, address of residence, e-mail address, phone number) will be processed for the performance of the Contract, pursuant to Art. 6.1.b) of the GDPR.
You have the right of access to the content of your data and the right to rectification. At any time, you may withdraw your consent to the processing of personal data or request to obtain restriction of the processing; it will suffice to inform the Seller thereof. The withdrawal of the consent shall not affect the lawfulness of the processing based on consent before its withdrawal.
Your personal data will be processed only and exclusively for the purposes involving answering your Inquiry, either by e-mail or by phone, or for the purposes involving the performance of the concluded Contract. Your personal data will not be transferred to other personal data recipients. Personal data will be processed only and exclusively until the purpose for which they have been collected is attained.
If the security of your personal data is violated, you have the right to lodge a complaint with a supervisory authority, i.e. the President of the Data Protection Office.
IX. FINAL PROVISIONS
In any issues not governed herein, relevant provisions of Polish law shall apply.
Upon the Parties' consent, any disputes shall be referred for resolution by way of mediation before the Provincial Inspectorate of Trade Inspection or by way of a proceeding before an arbitration court at the Provincial Inspectorate of Trade Inspection or through equivalent and legally permitted methods for pre-court or out-of-court resolution of disputes. If the Buyer is the Consumer, this Section shall in no way infringe their rights under applicable laws.
The Buyer can always consult the current version of the Rules in the 'Rules' (Regulamin) tab at www.shop.bugala.eu. During the term of order fulfilment and the entire after-sales service, the Buyer shall be bound by the Rules accepted by them when placing the Order. The above provision shall apply except for the situation where the Consumer decides that the Rules are less favourable than the current ones and informs the Seller of their decision to choose the current Rules as the binding ones.
In case of the Contracts concluded with the Buyer domiciled or incorporated abroad, the Contract shall be concluded in English.
If the Buyer is the Entrepreneur, the Customer is not entitled to any further claims, or claims based on other grounds, against the Seller, apart from the claims specified in the Rules.
If the Buyer is the Entrepreneur:
1. the application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded;
2. the governing law applicable to the Contracts concluded with the Entrepreneurs shall be the Polish law (choice of governing law);
3. Polish courts shall be competent to settle any disputes with the Entrepreneurs (choice of national jurisdiction);
4. the courts competent for the Seller's registered office shall be competent to settle any disputes with the Entrepreneurs (choice of court).
P.A.T. BUGAŁA sp.k.
42-200 Częstochowa, ul. Legionów 98
Tax Id. No. (NIP): 573-020-72-88
Phone: +48 34 368 24 46
Bank account number:
ING Bank Śląski: 93 1050 1142 1000 0005 0165 5567
Foreign currency accounts:
EUR: PL 39 1050 1142 1000 0022 8762 8784
USD: PL 44 1050 1142 1000 0023 3390 4775
