Terms

Terms and conditions

§ 1 Preliminary provisions

1. The online store BIBIMODELS* available at the internet address bibimodels.com/shop is operated by Magdalena Wdziękowska conducting business activity under the name BIBIMODELS* MAGDALENA WDZIĘKOWSKA registered in the Central Register and Information on Economic Activity (CEIDG) conducted by the minister competent for economy, Tax Identification Number (NIP) 6762583575, REGON 386680317.
2. This regulation is addressed to Consumers and specifies the rules and procedure for concluding Sales Agreements with Consumers at a distance through the Store.

§ 2 Definitions

1. Consumer – a natural person entering into an agreement with the Seller within the Store, the subject matter of which is not directly related to their professional activity.
2. Seller – a natural person conducting business activity under the name BIBIMODELS* MAGDALENA WDZIĘKOWSKA, registered in the Central Register and Information on Economic Activity (CEIDG) conducted by the minister competent for economy, Tax Identification Number (NIP) 6762583575, REGON 386680317.
3. Client – any entity making purchases through the Store.
4. Entrepreneur – a natural person to whom separate regulations grant legal capacity, carrying out economic activity in their own name, using the Store.
5. Store – an online store operated by the Seller at the internet address bibimodels.com/shop.
6. Distance contract – a contract concluded with the Client within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the moment of concluding the contract inclusive.
7. Regulations – these Store regulations.
8. Order – the Client’s declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for Products with the Seller.
9. Order form – a form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
10. Cart – an element of the Store’s software in which the Products selected for purchase by the Client are visible, and there is also the possibility to specify and modify the Order data, in particular the quantity of products.
11. Product – a product available in the Store that is the subject of a Sales Agreement between the Client and the Seller.
12. Sales Agreement – a sales agreement for a Product concluded between the Client and the Seller through the online Store.

§ 3 Contact with the Store

1. Seller’s address: ul. Sereno Fenn’a 7/4, 31-143 Kraków.
2. Seller’s email address: contact@bibimodels.com.
3. Seller’s bank account number: 52 1140 2004 0000 3202 8072 6738.
4. The Client can contact the Seller via email or using the contact form available on the website.

§ 4 Technical Requirements

1. To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
   A. Device with internet access and a web browser.
   B. Active email account.
   C. Enabled support for “cookies” files.
   D. Installed FlashPlayer software.

§ 5 General Information

1. The Seller, to the widest extent permitted by law, is not liable for disruptions, including interruptions in the functioning of the Store caused by independent factors, unauthorized actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Client for Products available in the Store’s assortment is possible by providing necessary personal and address data enabling order fulfillment.
3. Prices listed in the Store are in Polish złoty and are gross prices (including VAT).
4. The final amount to be paid by the Client consists of the price for the Product and the delivery cost, which the Client is informed about on the Store’s pages when placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement.

§ 6 Order Placement Rules

To place an Order, the Client must:

1. Select the Product to be ordered and then click the “ADD TO CART” button.
2. Fill out the Order form by entering the recipient’s Order details and address, choose the type of delivery, enter invoice details if different from the recipient’s Order details.
3. Choose one of the available payment methods and, depending on the chosen payment method,
4. Click the “PLACE ORDER” button and accept the Regulations.
5. Pay for the order within the specified period, subject to § 7 point 3.

§ 7 Offered Delivery Methods and Payment Methods

1. The Client may use the following delivery or receipt methods for the ordered Product:
   A. Postal shipment.
2. The Client may use the following payment methods:
   A. Payment by bank transfer to the Seller’s account.
   B. Electronic payments.
   C. Payment by credit card.
3. Detailed information about delivery methods and accepted payment methods is available on the Store’s website.

§ 8 Execution of Sales Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer submits an Order using the Order Form in the online store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the Order receipt and its acceptance for execution occurs by sending the Customer a relevant email message to the email address provided by the Customer during the Order placement, which includes statements from the Seller about receiving the Order and accepting it for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receiving the aforementioned email message, the Sales Agreement is concluded between the Customer and the Seller.
3. In the case of the Customer’s choice:
   A. electronic payment or payment by credit card, the Customer is obliged to make the payment immediately – otherwise, the order will be canceled.
   B. bank transfer payment, the Customer is obliged to make the payment within 48 hours from the date of conclusion of the Sales Agreement – otherwise, the order will be canceled.
4. The Product will be dispatched by the Seller within the time indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
5. A. In the case of ordering Products with different delivery times, the delivery time is the longest specified time.
   B. In the case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts.
6. The commencement of the delivery period of the Product to the Customer is calculated as follows:
   A. In the case of the Customer’s choice of electronic payment or credit card payment method – from the date of conclusion of the Sales Agreement,
   B. In the case of the Customer’s choice of bank transfer payment method – from the date of crediting the Seller’s bank account.
7. Product delivery to the Customer is chargeable unless the Sales Agreement provides otherwise. The delivery costs of the Product are indicated to the Customer on the online store pages in the “Shipping” tab during the Order placement, including at the time of the Customer’s expression of willingness to conclude the Sales Agreement.

§ 9 Right of Withdrawal from the Agreement

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period for withdrawal specified in paragraph 1 starts from the delivery of the Product to the consumer or a person indicated by them other than the carrier.
3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.
4. The consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the consumer to send the statement before the deadline expires.
5. The statement can be sent by traditional mail or electronically by sending the statement to the Seller’s email address – the Seller’s contact details have been specified in § 3.
6. In the case of sending the statement electronically, the Seller shall immediately send the consumer a confirmation of receipt of the withdrawal statement to the email address provided by the consumer.
7. Effects of withdrawal from the Agreement:
   A. In the event of withdrawal from a distance Agreement, the Agreement is considered not concluded.
   B. In the event of withdrawal from the Agreement, the Seller shall reimburse the consumer immediately, no later than within 14 days from the day of receipt of the consumer’s statement of withdrawal from the Agreement, for all payments made by them, including the costs of delivering the goods, except for additional costs resulting from the consumer’s chosen method of delivery other than the cheapest ordinary method of delivery offered by the Seller.
   C. The Seller shall make the refund using the same payment methods that were used by the consumer in the initial transaction, unless the consumer expressly agreed to another solution that does not entail any costs for them.
   D. The Seller may withhold the refund until the Product is returned or until proof of its return is provided, whichever occurs first.
   E. The consumer should return the Product to the Seller’s address specified in these Regulations immediately, no later than 14 days from the day on which they informed the Seller about withdrawal from the Agreement. The deadline is met if the consumer returns the Product before the 14-day period expires.
   F. The consumer bears the direct costs of returning the Product.
   G. The consumer is only liable for any diminished value of the Product resulting from using it in a way other than necessary to establish the nature, characteristics, and functioning of the Product.
8. The right to withdraw from a distance Agreement does not apply to the consumer in relation to an Agreement:
   A. in which the subject of performance is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy their individual needs,
   B. in which the subject of performance is an item liable to deteriorate rapidly,
   C. for the provision of services if the Seller has fully performed the service with the express consent of the consumer who was informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the Agreement,
   D. in which the subject of performance are items that, after delivery, due to their nature, are inseparably mixed with other items,
   E. in which the subject of performance are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery.

§ 10 Complaints and Warranty

1. The Sales Agreement covers new Products.
2. The Seller is obliged to provide the Customer with a defect-free item.
3. In the event of a defect in the purchased goods from the Seller, the Customer has the right to file a complaint based on the provisions regarding warranty in the civil code.
4. The complaint should be reported in writing or electronically to the addresses of the Seller provided in these Regulations.
5. It is recommended that the complaint include, among other things, a description of the defect, the circumstances of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request regarding the defect of the goods.
6. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if they do not do so within this period, it is considered that the Seller has acknowledged the Customer’s request as justified.
7. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.
8. In the case of a Product being covered by a warranty, information about it, as well as its content, will be included in the Product description in the Store.

§ 11 Out-of-Court Complaint Resolution and Claims Settlement Methods

1. Detailed information on the possibility for the consumer to use out-of-court complaint resolution and claims settlement methods and the rules for access to these procedures are available at the offices and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Trade Inspectorates, and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following example options to use out-of-court complaint resolution and claims settlement methods:
3. Applying to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from an Agreement concluded with the Seller.
4. Applying to the voivodship Inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
5. Seeking assistance in resolving a dispute between them and the Seller, also using free assistance from the District (City) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation).

§ 12 Personal Data in the Online Store

1. The Administrator of personal data collected from Customers through the Online Store is the Seller.
2. Personal data of Customers collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees to it – also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be: A. In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary handling shipments on behalf of the Administrator. B. In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling these payments in the Online Store.
4. The Customer has the right to access and correct their data.
5. Providing personal data is voluntary, but failure to provide the personal data required by the Regulations necessary to conclude the Sales Agreement results in the inability to conclude the Agreement.

§ 13 Final Provisions

1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for valid reasons, i.e., changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about any changes at least 7 days in advance.
3. Matters not regulated in these Regulations are subject to the generally applicable provisions of Polish law, in particular the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act, the Personal Data Protection Act.
4. The Customer has the right to use out-of-court complaint resolution and claims settlement methods.