Regulations and Privacy Policy
of the Online Store

Legal basis

This Privacy Policy is in accordance with the provisions arising from art. 13 section 1 and item 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, abbreviated GDPR.

§ 1
Preliminary Provisions

• The owner of the online store (hereinafter referred to as the “Store”) located at the website address: www.bmpack.pl (hereinafter referred to as the “Website”) is Bolesław Murdzek, conducting business activity under the company BM-PACK Bolesław Murdzek, which is registered in Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy. NIP: 6841781826, REGON: 180470559.

• These Regulations set out the general conditions, rules and method of sale conducted by BM-PACK Bolesław Murdzek with its registered office in Krosno, ul. Pużaka 55h, 38-400 Krosno, via the Website. These Regulations are addressed to Consumers and Entrepreneurs using the Store (hereinafter referred to as Customers).

• All rights to the Website, including proprietary copyrights, intellectual property rights to its name, its internet domain, Website, as well as to templates, forms, logos posted on the Website (except for logotypes and photos presented on the Website in the purposes of presenting goods for which copyright belongs to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
• The Seller uses the mechanism of “cookies”, which when the Customers use the Website, are saved by the Seller’s server on the hard disk of the Customer’s terminal device. The use of “cookies” is aimed at the correct operation of the Website on the clients’ end devices. This mechanism does not damage the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Each customer can disable the “cookies” mechanism in the web browser of their terminal device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Website.

§ 2
Definitions

• Business days – means days of the week from Monday to Friday, excluding public holidays.

• Delivery – means the actual act of delivering to the Customer by the US Seller, via the Supplier, the Good specified in the order.

• Supplier – means a courier company with which the Seller cooperates in the scope of Delivering Goods.

• Proof of purchase – invoice, receipt, receipt with tax identification number issued in accordance with the Act of 11 March 2004 on tax on goods and services, as amended and other
applicable law. Only on the basis of the issued receipt with the NIP number, the Seller may issue an invoice at a later date.

• Order form – an interactive form available in the Online Store that allows placing an Order, in particular by specifying the terms of the Sales Agreement, including the method of delivery and payment.

• Customer – any entity making purchases through the Online Store.

• Consumer – means a natural person making a legal transaction with the Seller not directly related to his business or professional activity.

• Seller – a natural person running a business under the name BM-PACK Bolesław Murdzek at ul. Pużaka 55h, 38-400 Krosno, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP: 6841781826, REGON: 180470559.

• Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

• Entrepreneur – a natural person, legal person or an organizational unit without legal personality, to whom a separate act grants legal capacity, carrying out economic activities on its own behalf that uses the Store.

• Regulations – these Regulations of the Online Store.

• Store – an online store run by the Seller at the Internet address www.bmpack.pl

• Website – means websites on which the Seller operates the Website, operating in the domain www.bmpack.pl.

• Goods – means a product presented by the Seller via the Website, which may be the subject of a Sales Agreement.

• Durable medium – means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a time appropriate for the purposes for which this information is used, and which allows the stored information to be restored unchanged.

• Sales Agreement – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – according to the characteristics of the Product – a service contract and a specific task contract.

• Distance contract – a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.

• Order – the Customer’s declaration of intent submitted via the Order Form or e-mail and aiming directly at the conclusion of the Product Sales Agreement or Products with the Seller.

§ 3
Technical requirements

To use the Store, in the form of browsing the Store’s assortment, as well as place orders for Products, you need:
a. end device with access to the Internet and a web browser,
b. an active electronic mail account (e-mail),
c. cookies enabled.

§ 4
Orders

• The Customer may place orders on the Website via the Form and e-mail 7 days a week, 24 hours a day.

• Placing an order is the submission by the Customer of an offer to the Seller to conclude a Contract for the Sale of Goods being the subject of the order.

• After placing the order, the Seller sends to the e-mail address provided by the Customer confirmation of its submission.

• Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for implementation. Information about the acceptance of the order is a statement by the Seller about the acceptance of the offer and upon the receipt of it by the Customer a Sales Agreement is concluded.

• After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms by sending them on a durable medium to the Customer’s e-mail address or in writing to the address indicated by the Customer.

• If the option of placing an Order by e-mail or the Order Form has been chosen, enter the recipient’s details of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if required, and contact details.

§ 5
Offered delivery and payment methods

• The Customer may use the following methods of delivery or collection of the ordered Product:

• courier, cash on delivery,

• Personal collection available at: ul. Pużaka 55h, 38-400 Krosno.

• The customer can use the following payment methods:

• Payment on delivery (the Customer is obliged to make the payment on delivery within 7 days of receiving information about the readiness of the shipment for collection).

• Payment on delivery (the customer is obliged to make the payment on delivery),

• Payment by bank transfer to the Seller’s bank account (in this case, the order will be processed after the Seller sends the Customer confirmation of the order and after the funds have been credited to the Seller’s bank account).

• The Customer is each time informed by the Seller about the date in which he is obliged to make payment for the order in the amount resulting from the concluded Sales Agreement.

• In the event of the Customer failing to make the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The information about the additional payment deadline also contains information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send to the Customer a durable medium a statement of withdrawal from the contract pursuant to art. 491 of the Civil Code.

§ 6
Supply

• The beginning of the delivery period for the Product to the Customer counts as follows:
– If the Customer chooses the method of payment by bank transfer from the date of crediting the Seller’s bank account.
– If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement.

• If the Customer chooses personal collection of the Product about the readiness of the Product for collection, the Customer will be notified by the Seller by sending an appropriate e-mail to the e-mail address provided by the Customer.

• Product delivery takes place only in Poland.

• Product delivery to the customer is chargeable, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal charges) are indicated to the Customer when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

• Personal collection of the Product by the Customer is free.

• The Seller is obliged to deliver the Goods subject to the Sales Agreement without defects.

• The ordered Goods are delivered to the Customer via the Supplier to the address indicated on the order form.

• The customer is obliged to examine the delivered parcel in time and in the manner adopted for parcels of a given type. In the event of a defect or damage to the parcel, the Customer has the right to require the Supplier’s employee to draw up a proper report.

• The Seller, in accordance with the will of the Customer, attaches to the parcel being the subject of Delivery a receipt or a VAT invoice covering the delivered Goods.

• In the absence of the Customer at the address indicated by him as the Delivery address when placing the order, the Supplier’s employee will leave a notice or attempt to contact us by phone to determine the date on which the Customer will be present. In the event of a return of the ordered Goods to the Website by the Supplier, the Seller will contact the Customer by e-mail or telephone, again setting the date and cost of the Delivery with the Customer.

§ 7
Warranty and Complaint

• The Seller ensures the Delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Good has a physical or legal defect (warranty). If the Customer is an Entrepreneur, the parties exclude liability under the warranty.

• If the Good has a defect, the Customer may:

• make a statement about the price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer, replaces the faulty product with a non-defective one or removes the defect. This limitation does not apply if the Good has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to replace the Good with a good or free of defects. Instead of replacing the defect proposed by the Seller, the Customer may request the replacement of the Product for one free of defects or instead of replacing the Good, demand that the defect be removed, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the Good free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.

• demand replacement of the defective Product with one free of defects or removal of the defect. The seller is obliged to replace the defective product with a product free of defects or remove the defect within a reasonable time without undue inconvenience to the customer. The costs of repair or replacement are borne by the Seller.

• The customer who exercises the warranty rights is obliged to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.

• The Seller is liable under the warranty if a physical defect is found within one year of delivery of the Good to the Customer. The claim for removing the defect or replacing the Product with a product free from defects expires after one year, but this period may not end before the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on the price reduction due to a defect in the Good. If the Customer has demanded the replacement of the Product free from defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline to replace the Goods or remove the defect.

• Complaints should be submitted in writing or by e-mail to the Seller’s contact details provided in these Regulations.

• The complaint should include brief description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.

• The seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the client’s request was considered justified.

• Goods returned as part of the complaint procedure should be sent to the address provided to the Seller specified in these Regulations.

• In the event that a product has been granted a warranty, information about it, as well as its content, will be included in the description of the Product in the Store.

§ 8
The right to withdraw from the contract

• Within 14 days, the Customer who is a Consumer may withdraw from the Sales Agreement without giving a reason.

• The time limit specified in para. 1 begins with the delivery of the Product to the Customer.

• In the case of a Contract that covers many Products that are delivered in parts, separately or in batches, the deadline specified in paragraph 1 runs from the delivery of the last item, batch or part.

• The statement can be sent via traditional mail, or electronically by sending the statement to the e-mail address on the contact details of the Seller.

• If the Customer sends a statement electronically, the Seller will immediately send to the Customer the e-mail address provided by the Customer a confirmation of receipt of the statement of withdrawal from the Agreement.

• Effects of withdrawal from the Agreement:

• In the event of withdrawal from a Distance Contract, the Contract is considered null and void.

• In the event of withdrawal from the Contract, the Seller shall immediately return to the Customer, no later than within 14 days from the date of receipt of the Customer’s statement on withdrawal from the Contract, the payments made by him, including the costs of delivery, except for additional costs resulting from the method of delivery chosen by the Customer. other than the cheapest delivery method offered by the Seller.

• The payment is refunded using the same payment methods that were used by the Customer in the original transaction when making the payment, unless the Customer and the seller agreed otherwise.

• Until the receipt of the Product back or until the Customer provides the Customer with proof of its return, the Seller may withhold reimbursement.

• The product should be returned to the Seller’s address given in these Regulations immediately, not later than 14 days from the day on which the Seller was informed of the withdrawal from the Agreement. The deadline will be met if the Customer sends the Product back within 14 days.

• The costs of returning the Product in the event of withdrawal from the Sales Agreement shall be borne by the Customer, unless the Product can be returned by regular mail.

• The Customer is not entitled to withdraw from a distance contract if:

• the subject of the service is an item manufactured according to the Customer’s specifications or serving to satisfy his individual needs,

• 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,

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

• for the provision of services, if the Seller has performed the service in full with the express consent of the Customer who was informed before the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement,

• 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 Agreement,

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

§ 9
Out-of-court complaint consideration and redress methods

• Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates Trade Inspection 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
-http: //www.uokik.gov.pl/wazne_adresy.php.

• The customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.

• The customer is entitled to contact the provincial inspector of Trade Inspection, in accordance with art. 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 regarding the amicable settlement of the dispute between the Customer and the Seller.

• The customer can get free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection.

§ 10
Personal data

• The administrator of personal data of Online Store Customers is the Seller.

• Customers’ personal data collected by the administrator via the Online Store are required for the implementation of the Sales Agreement, and if the Customer agrees – also
for marketing purposes.

• Recipients of personal data of Online Store Customers may be a carrier or an intermediary performing shipments at the request of the Administrator,

• Providing personal data is voluntary, however, failure to provide personal data necessary to conclude a Sales Agreement results in the inability to conclude this agreement,

§ 11
Rights of data subjects

• The right to withdraw consent – legal basis: art. 7 item 3 GDPR.

• The Customer has the right to withdraw any consent given by the Seller.

• Withdrawal of consent takes effect from the moment the consent is withdrawn.

• Withdrawal of consent does not affect the processing carried out by the Seller in accordance with the law before its withdrawal.

• Withdrawal of consent does not entail any negative consequences for the Customer, however, it may prevent further use of services or functionalities which, according to the law, the Seller may only provide with consent.

• Right to object to data processing – legal basis: art. 21 GDPR.

• The Customer has the right to object at any time – for reasons related to his particular situation – to the processing of his personal data, including profiling, if the Seller processes his data based on a legitimate interest, keeping statistics on the use of individual Website functionalities and facilitating using the Website, as well as satisfaction surveys.

• Resignation in the form of e-mail messages from receiving marketing messages regarding products or services will mean the Customer’s objection to the processing of his personal data, including profiling for these purposes.

• If the Customer’s objection proves to be justified and the Seller has no other legal basis to process personal data, the Customer’s personal data will be deleted, for the processing of which the Customer has objected.

• Right of access to data – legal basis: art. 15 GDPR. The User has the right to obtain from the Administrator confirmation whether he is processing personal data, and if this is the case, the Customer has the right to:

• get access to your personal data,

• obtain information about the purposes of processing, categories of personal data processed, about recipients or categories of recipients of such data, the planned period of storing User data or about the criteria for determining this period (when determining the planned period of data processing is not possible), about the rights of the Customer under the GDPR and about the right to lodge a complaint to the supervisory authority, about the source of this data, about automated decision making, including profiling, and about the safeguards used in connection with the transfer of these data outside the European Union,

• obtain a copy of your personal data.

• The right to rectify data – legal basis: art. 16 GDPR. The data subject has the right to request the administrator to immediately rectify personal data that is incorrect. Taking into account the purposes of processing, the data subject has the right to request the completion of incomplete personal data, including by providing an additional statement.

• The right to delete data (“the right to be forgotten”) – legal basis: art. 17 GDPR. The data subject has the right to request the administrator to immediately delete personal data concerning him, and the administrator is obliged to delete personal data without undue delay if one of the following circumstances occurs:

• personal data are no longer necessary for the purposes for which they were collected or for which they were processed,

• the customer has withdrawn specific consent to the extent that personal data was processed based on his consent,

• the customer has objected to the use of his data for marketing purposes,

• personal data is processed unlawfully,

• personal data must be deleted to comply with a legal obligation under Union law or the law of the Member State to which the Seller is subject,

• personal data was collected in connection with offering information society services

• Despite the request to delete personal data, in connection with an objection or withdrawal of consent, the Seller may keep certain personal data to the extent that the processing is necessary to establish, assert or defend claims, as well as to comply with a legal obligation requiring processing under Union law or the law of the Member State to which the Seller is subject. This applies in particular to personal data including: name, surname, e-mail address, which are stored for the purposes of examining complaints and claims related to the use of the Seller’s services, or additionally the address of residence / correspondence address, order number, which are kept for the purposes of considering complaints and claims related to concluded sales contracts or services.

• The right to data portability – legal basis: art. 20 GDPR. The User has the right to receive his personal data, which he provided to the Administrator, and then send it to another personal data administrator of his choice. The User also has the right to request that personal data be sent by the Administrator directly to such an administrator, if it is technically possible. In this case, the Administrator will send the User’s personal data in the form of a csv file, which is a commonly used, machine-readable format that allows sending the received data to another personal data administrator.

• The right to limit data processing – legal basis: art. 18 GDPR.

• The data subject has the right to request the restriction of the processing of his personal data. Submission of the request, until it is considered, prevents the use of certain functionalities or services, the use of which will involve the processing of the data covered by the request. The seller will also not send any messages, including marketing messages.

• The data subject has the right to request the restriction of the use of personal data in the following cases:
– when he questions the correctness of his personal data – then the Seller limits their use for the time needed to check the correctness of the data, but no longer than for 7 days,
– when the processing of data is unlawful, and instead of deleting the data, the Customer will request to limit their use,
– when personal data are no longer necessary for the purposes for which they were collected or used but they are needed by the Customer to determine, assert or defend claims,
– when the data subject has objected to the use of his data – then the restriction occurs for the time needed to consider whether – due to the special situation, e.g. protection of the client’s interests, rights and freedoms, he prevails over the interests that the Administrator carries out when processing personal data customer.

• In a situation where the Customer has the right resulting from the above rights, the Seller fulfills the request or refuses to comply with it immediately, but not later than within a month after receiving it. However, if – due to the complicated nature of the request or the number of requests – the Seller will not be able to fulfill the request within a month, he will comply with it within the next two months informing the Customer in advance within one month of receiving the request – about the intended extension of the deadline and its reasons.

• The data subject may submit complaints, inquiries and requests to the Administrator regarding the processing of his personal data and the exercise of his rights.

• The data subject has the right to lodge a complaint to the President of the Office for the Protection of Personal Data regarding the violation of his rights to the protection of personal data or other rights granted under the GDPR

§ 12
Final Provisions

• The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, 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 each change at least 7 days in advance.

• The Privacy Policy may change, about which the Seller will inform Customers 7 days in advance.

• In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.

• The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.

• The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed when placing the Order, including when expressing the will to bind under the Sales Agreement.

• Questions regarding the Regulations and the Privacy Policy should be directed to: biuro@bmpack.pl.

• Date of last modification: 17.04.2019.

§ 13
Contact with the Store

1. Seller’s address: ul. Pużaka 55h, 38-400 Krosno
2. Seller’s e-mail address: biuro@bmpack.pl
3. The Seller’s telephone number: +48 783 010 122
4. Seller’s bank account number: 76 1050 1458 1000 0090 6986 7829
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer may contact the Seller by phone between 7am and 3pm Monday to Friday on business days