ONLINE STORE TERMS AND CONDITIONS
The terms used in the Regulations mean:
Customer – a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, placing an order in the online store www.boomboomkid.com.
Consumer – a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
Regulations – these regulations for the provision of electronic services as part of the www.boomboomkid.com online store.
Online store – the website available at www.boomboomkid.com, through which the customer may, in particular, place orders.
Goods – products presented in the online store.
Sales contract – a contract for the sale of goods within the meaning of the Civil Code, concluded between the company FPHU JAMIRO CLOTHES Miłosz Chyski Łanięta 31, 99-306 Łanięta, NIP: 775-248-27-61, running an online store, and the customer, concluded using the store’s website .
Civil Code – the Act of 23 April 1964 Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended).
Act on consumer rights – the act of 30 May 2014 (Journal of Laws of 2014, item 827).
Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws of 2013, item 1422).
Act on the Protection of Personal Data – the Act of August 29, 1997 on the Protection of Personal Data (consolidated text, Journal of Laws of 2014, item 1182).
Order – Customer’s declaration of intent aimed directly at the conclusion of a sales contract, specifying in particular the type and quantity of goods.
II GENERAL PROVISIONS
These regulations define the rules for using the online store available at www.boomboomkid.com.
The online store at www.boomboomkid.com is run by FPHU JAMIRO CLOTHES Miłosz Chyski Łanięta 31, 99-306 Łanięta, NIP: 775-248-27-61
The online store sells goods via the Internet, via the website www.boomboomkid.com.
In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access.
The regulations are available on the website of the online store www.boomboomkid.com and are available to everyone at any time.
The prices of goods in the online store are given in Polish zlotys and include VAT (they are gross prices) and in euro.
The offer for seasonal collections contained on the website of the online store is valid while stocks last.
The company FPHU JAMIRO CLOTHES Miłosz Chyski reserves the right to change the prices of goods in the online store’s offer, withdraw from the sale of goods, introduce new goods to the online store’s offer, carry out and cancel promotional campaigns on the store’s website or make changes to them.
The online store makes every effort to ensure that the photos of the goods reflect their actual appearance as accurately as possible. Due to the fact that the display settings as well as the parameters of individual monitors may differ from each other, the online store is not responsible for possible differences in the color range between the actual appearance of the product and the image displayed on the customer’s monitor.
The online store reserves the right to change prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by delivery entities. This change does not apply to orders in progress.
The customer has the option to pay for the ordered goods by bank transfer, online payment FONDY, PayPal or cash on delivery.
III PLACING ORDERS
Orders for goods in the online store www.boomboomkid.com. can be submitted via the order form, which is an integral part of the online store platform.
Orders can be made by the customer who provides the data required to complete the order or has his account in the online store.
A registered user (having an account) has the option to make purchases multiple times – without the need to enter their data necessary to complete the order each time, track changes in the status of the order, view all orders placed, including archival (completed), make changes or cancel an order that is not has been transferred for execution, changing the shipping address.
You can place a one-time order without creating an account in the online store.
The selection of ordered goods by the customer is made by adding them to the basket.
The price given for each product is binding at the time of placing the order by the Customer.
When placing an order, the customer chooses the method of delivery, the costs of which are added to the value of the order. The cost of delivery of the ordered goods along with the shipping costs is borne by the customer.
A customer from outside the European Union, apart from shipping costs, also incurs costs related to customs duties – these fees are added to the value of the order.
After placing the order, the customer receives an e-mail information about its receipt by the online store (order confirmation).
If it is necessary to cancel the order, the customer should contact the online store by phone or e-mail as soon as possible.
IV. FULFILLMENT OF ORDERS – DELIVERY
The basic condition for accepting an order for execution is to provide correct contact and shipping details when placing the order.
The online store reserves the right to verify the correctness and authenticity of each order by contacting the customer by phone at the number provided by the customer in the order form. Contact by phone will take place only on working days from 8.00 to 16.00.
In the event of unavailability of the ordered goods, the Customer is immediately informed about this fact in order to decide on the method of implementation of the remaining part of the order (partial implementation, extension of the waiting time for missing goods, replacement of the missing goods with another available in the store, cancellation of the entire order and refund) for the ordered goods in the case of prepayment to the account).
The implementation of the order in the case of an order paid by bank transfer begins after the payment made by the Customer is credited.
In the case of a cash on delivery order, the execution of the order begins immediately after receipt of the order by the online store (in the case of an order placed on a non-working day, the implementation begins on the next working day).
The online store carries out orders within 1 to 7 working days.
Transfer details: FPHU JAMIRO Clothes Miłosz Chyski, account number:
PLN: ING Bank 55 1050 1461 1000 0092 0555 8217
EUR: ING Bank PL 19 1050 1461 1000 0097 2752 1685,
SWIFT: INGBPLPW in the title of the transfer, please provide the name and surname of the Customer and the order number.
Goods ordered in the online store are sent only to the address provided by the customer in the order form.
Shipments are always well secured. Before signing the receipt of the parcel, carefully inspect the packaging. In the event of visible significant damage, the customer should not pick up the parcel, then a damage report should be drawn up in the presence of the postman or courier.
The proof of sale (receipt) is delivered electronically to the e-mail address provided in the order.
V COMPLAINT TERMS
The online store as a seller is liable to the customer if the item sold has a physical or legal defect (warranty) under the provisions of the Civil Code.
The online store is obliged to sell and deliver goods to the customer without physical and legal defects.
The customer has the right to file a complaint if the goods have a physical or legal defect (warranty).
The goods sold have a legal defect if they are the property of a third party or are encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
A physical defect consists in the non-compliance of the goods with the sales contract. The product is inconsistent with the sales contract, in particular if:
The goods do not have properties that this type of goods should have due to the purpose indicated in the sales contract or resulting from circumstances or destination;
The goods do not have the properties that the Online Store provided;
The goods were delivered to the customer in an incomplete state.
The online store is liable under the warranty for physical defects that existed at the time the goods were delivered to the customer or resulted from a reason in the goods sold at the same time.
The online store is released from liability under the warranty if the customer knew about the defect at the time of concluding the sales contract.
Complaints should be reported to the email address firstname.lastname@example.org in the title with COMPLAINT, or sent to the following address: BOOMBOOM KID Miłosz Chyski Zgierz ul. Łódzka 85a 95-100 Zgierz
In order to consider the complaint, the Customer should deliver the advertised product or products together with the proof of purchase of the product (s) to the following address:
FPHU JAMIRO Clothes Miłosz Chyski
Zgierz ul. Łódzka 85a
If the goods sold have a defect, the Customer has the right to:
- demand replacement of the defective product with one free from defects or demand removal of the defect, or
- submit a statement on a proportional price reduction or withdrawal from the contract, in which case “FPHU JAMIRO Clothes Miłosz Chyski
Łanięta 31 99-306 Łanięta ”may immediately and without undue inconvenience to the Customer replace the defective product with a product free from defects or remove the defect; however, if the product has already been replaced or repaired by the Online Store or has not satisfied the obligation to replace the product with a non-defective one or remove the defect, the above limitation does not apply and the Customer may submit an appropriate declaration of a proportional price reduction or withdrawal from the contract.
- The customer cannot withdraw from the sales contract if the defect is irrelevant.
- The customer, instead of the removal of the defect proposed by the seller, may request the replacement of the goods with a defect-free one, or instead of replacing the goods, demand that the defect be removed, unless it is impossible to bring the goods into compliance with the sales contract in the manner chosen by the customer or would require excessive costs compared to the method proposed by Online shop.
Complaints are considered no later than 14 (fourteen) days from the date of receipt of the complaint by the Online Store, about which the Customer will be notified via e-mail to the e-mail address provided by the Customer or SMS to the telephone number provided by the Customer or by post to the address indicated by the customer.
If the complaint is considered in favor of the Customer – the Online Store will immediately replace the defective product with a non-defective one or remove the defect or if the replacement is not possible, it will refund the amount due for the advertised goods in accordance with Chapter VII.
A claim for the removal of a defect or replacement of the item sold with a defect-free item after one year from the date of finding the defect. If the customer is a consumer – the limitation period cannot end before the expiry of the 2-year period.
VI RIGHT TO WITHDRAW FROM THE CONTRACT AND RETURN
The customer – who is a consumer within the meaning of the Civil Code, pursuant to the Act on consumer rights – has the right to withdraw from a distance contract within 14 days without giving reasons and without incurring costs, except for paragraph 4. The period for withdrawal from the contract begins:
- from the date of receipt of the completed order (product release),
- from the date of receipt by the Consumer of the last part of the completed order, if the order is processed in parts.
To meet the deadline, it is enough to send a statement before its expiry.
Withdrawal from the contract in accordance with paragraph 1 requires submitting a written declaration within the time limit specified in sec. 1
In the event of withdrawal from a distance contract or a contract concluded outside the premises of the enterprise, the contract is considered void.
In the event of withdrawal from the contract (paragraph 1), the consumer is obliged to return the goods immediately, but not later than 14 days from the date on which he withdrew from the contract.
The consumer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.
The direct cost of returning the product as a result of withdrawal from the contract is borne by the Consumer.
The right to withdraw from the contract is not available to the Consumer in relation to the contract (pursuant to Article 38 of the Act on consumer rights), i.e. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract.
VII. RETURN TO CUSTOMERS
The online store does not collect the parcels sent to it on delivery and is not responsible for the costs related to such parcels.
The online store will refund the amount immediately, but not later than within 14 calendar days in the case of:
- cancellation of the order or part of the order (in this case, the appropriate part of the price will be refunded) paid in advance before its implementation;
- return of the goods by the Consumer (withdrawal from the contract), in this case the Online Store may withhold the reimbursement of payments received from the Consumer until the product is returned or the Consumer provides proof of its return, depending on which event occurs first;
- acceptance of the complaint or the inability to replace the product, remove the defect of the product or reduce the price.
The online store will refund the payment using the same method of payment as used by the Consumer, i.e. the Consumer’s bank account – if the order was paid in advance by bank transfer or on delivery at the courier or at the post office, unless the Consumer expressly agreed to a different method of return which does not involve any costs for him.
The online store is not responsible for the non-refund of the amounts paid or the delay in refund if:
- despite sending a request to the Customer’s e-mail address to send the Customer’s bank account number, the Customer will not send such a bank account number,
- when the answer does not contain data enabling the return,
- if they are the result of the Customer providing incorrect address data, personal details or an incorrect bank account number.
VIII. RULES FOR USING THE ONLINE STORE
The company FPHU JAMIRO Clothes Miłosz Chyski
sells goods through the online store www.boomboomkid.com.
The online store takes steps to ensure that the store is fully operational to the extent that results from the current technical knowledge.
In order to ensure the security of the transmission of messages and data in connection with the services provided on the website, the online store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
The customer is obliged in particular to:
- use of any content posted on the website of the online store only for personal use,
- use the online store in a manner consistent with the provisions of applicable law, the provisions of these regulations, as well as the general principles of using the Internet,
- not to provide or transmit content prohibited by law, e.g. promoting violence, defamatory or infringing personal rights of third parties,
- refraining from actions such as sending or posting unsolicited commercial information (spam) within the online store.
The customer is obliged to immediately notify the online store of any irregularities or interruptions in the functioning of the online store website to the following address: email@example.com. The notification should include your name and surname, correspondence address, type and date of irregularities related to the functioning of the online store. The online store undertakes to consider each complaint within 14 days, and if it was impossible, to inform the customer during this period, when the complaint will be considered.
IX PERSONAL DATA
obligations for Service Users and Customers of the Store.
- The service provider is the administrator of personal data collected for
via the Store (Administrator). The administrator will have a special care
diligence in order to protect the interests of Recipients and Customers. Administrator
applies appropriate technical and organizational measures ensuring security
processed personal data, in particular secures personal data
against disclosure to unauthorized persons, loss and damage.
- The data of the Customers and Customers are processed only for the purpose of and
promoting the Store’s services, including in particular:
3.1. Conclusion and implementation of the Sales Agreement (submission and implementation of Orders),
3.2. Contract settlement,
3.3. Issuing invoices,
3.4. Account creation and maintenance,
3.5. Consideration of reported complaints and handling of returns,
3.6. Clarification of the circumstances of unauthorized use of services,
3.7. Performing obligations arising directly from the applicable ones
3.8. For the purposes of direct marketing of the Administrator’s Products and services,
including, in particular, the implementation of a voluntary free service
a newsletter containing commercial information within the meaning of the Act on
on July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of
2017, item 1219),
3.9. Conducting promotional campaigns, loyalty programs and
- The above means that the Administrator provides the data of the Service Users and Customers
external entities supporting the process of concluding and implementing the Agreement
Sales, in particular to courier companies and IT companies
supporting the above-mentioned processes and settlement intermediaries
- The Administrator may process the data of the Customers and Customers in the following
scope: name and surname, delivery address, e-mail address, telephone number
contact, address of residence / business / seat, number
bank account. In the case of Entrepreneurs, the Administrator may
additionally process the company name and tax identification number (NIP)
Recipient or Customer.
- The administrator may also process operational data in the scope of the address
IP of the Service Recipient’s and Customer’s devices for technical, statistical and
in order to improve the functionality of the Store.
- The basis for processing the personal data of the Service Recipient or Customer is theirs
indispensability to conclude and implement the Sales Agreement. The basis for processing
of the above data for direct marketing purposes is prior consent
Recipient or Customer or fulfillment of legally justified purposes
carried out by the Administrator.
- Providing data by the Service User and the Customer is voluntary, but at the same time
is necessary for the provision of electronic services.
- Processing of personal data of the Service User or Customer for the purpose of marketing
direct will be realized only after obtaining it
consent. The Service User and the Customer have the right to appeal the above-mentioned consent in everyone
time and the right to object to the processing of his data in
the above purpose.
- The Service Recipient or the Customer has the right to access personal data concerning him,
their rectification, deletion or the right to object to processing (unless
this violates the law), processing restrictions, as well as the right to
- The Service Recipient reserves the right to refuse to delete the User’s data, w
if their behavior is required by applicable law
or necessary for the execution of claims.
- Personal data will be kept for no longer than it is necessary for
proper provision of services by the Administrator or filling
applicable law as well as during the period of limitation of claims
civil law rights that the Administrator is entitled to against the Service User or
- The administrator may process data concerning persons contained in cookie files
visiting the Store’s websites for the following purposes:
13.1. Remembering data related to available in the Store
forms, in particular the Registration Form and the Form
Orders and Cart details,
13.2. Adjusting the functionality and appearance of the Store to your preferences
13.3. Statistical analysis in terms of the number of visitors and methods
their use of the Store,
13.4. Remembering data necessary for logging in and identification
Customers and logged in customers,
13.5. Ensure transaction security.
- Visitors to the Store’s websites have the right not to accept the use
from cookies. In such cases, some of the Store’s functionalities may
have a limited effect. The visitor has the option to express the lack of such
consent, for example by disabling the saving of cookies
in the web browser settings.
The customer may agree to receive commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or at a later date in the “Your account” tab (“Newsletter” link). If such consent is given, the Customer will receive the newsletter (Newsletter) of the online store www.boomboomkid.com, as well as other commercial information sent by the online store on his own behalf and on behalf of third parties to the e-mail address provided by him.
The customer may unsubscribe from the Newsletter at any time by checking the appropriate box in the “Your account” tab (Newsletter link).
XI FINAL PROVISIONS
These regulations come into force on the day they are posted on the website of the online store, the current regulations shall no longer apply.
The current regulations are available in the archived version on the website of the online store.
The local jurisdiction of the court settling any disputes arising between FPHU JAMIRO Clothes Miłosz Chyski and the Client is determined by the provisions of the Code of Civil Procedure.
In matters not covered by these regulations, the provisions of the following acts: the Civil Code, on consumer rights, on the provision of electronic services and on the protection of personal data.