RULES AND REGULATIONS
The present Rules and Regulations govern the use of the services of www.bagirls.com Online Store, submission of orders for products offered by the Online Store, delivery of ordered products to the Client, payments made by the Client, the Client’s right to cancel an order and withdraw from a Contract, and filing and handling of complaints. Make sure to read these Rules and Regulations before you make a purchase in our Online Store.
§ 1 GENERAL PROVISIONS
1. BAGIRLS Online Store at www.bagirls.com is operated by Zofia Grzybowska with its registered office at: 3 Maja 47 lok. uż. 9, 61-728 Poznań, Poland, registered with the Register of Enterprises under statistical registration number (REGON): 367083378, VAT reg. no. (NIP): 5542656892, hereinafter referred to as BAGIRLS.
Contact details:
bagirls.project@gmail.com
1. Products offered by BAGIRLS Online Store may be made from different fabrics, natural and syntetic. As a result, the actual colours of the products may differ slightly from those presented in photographs. All products characteristics, properties and materials used therein are described in detail. Bear in mind that colour differences between received products and photographs thereof displayed by the Store may be the result of your individual monitor settings.
2. Product information provided by BAGIRLS Online Store, such as descriptions and prices, constitute an invitation to make an offer to enter into a sales contract within the meaning of section 71 of the Polish Civil Code and of the present Rules and Regulations.
3. All photographs used on our website have been made by us and constitute proprietary materials which are subject to protection pursuant to the Act
of 4 February, 1994 on Copyright and Neighbouring Rights (in Polish Journal
of Laws of 2006, No. 90, item 631, as amended)
§ 2 DEFINITIONS:
1. ONLINE STORE – store offering products for sale via the Internet, operating at www.bagirls.com
2. CLIENT – natural or legal person, or organizational unit without legal personality, vested with full capacity to enter into legal transactions, who/which has made a purchase in the Online Store in accordance with the provisions of the present Rules and Regulations;
3. CONSUMER – Client who is a natural person, making a purchase in the Online Store in accordance with the provisions of the present Rules and Regulations for purposes other than connected with their business or professional activity;
4. BUSINESS DAYS – week days from Monday to Friday, except public holidays on the territory of the Republic of Poland;
5. PURCHASE OFFER – offer to enter into a Sales Contract, submitted by the Client by way of completing the purchase procedure with the Online Store;
6. ORDER – all products listed by the Client in the Purchase Offer, which have been accepted by BAGIRLS;
7. ORDER PROCESSING TIME – time required for BAGIRLS to prepare the Order and ship the same to the Client;
8. ORDER DELIVERY TIME – time required for the Courier Service to deliver the Order to the address provided by the Client, starting from the moment that the parcel is correctly dispatched by BAGIRLS;
9. PRODUCT PRICE – gross price (including VAT) of a single item of a product, as determined by BAGIRLS and listed on the product page;
10. FINAL PRICE – gross price of a single item of a product, as reduced by any discounts applicable at the given time or available to the given Client, granted by BAGIRLS, which is stated in the “shopping bag” section at the time of completing the purchase procedure. The Final Price of a Product cannot be higher than the Product Price listed on the product page;
11. TOTAL PRICE – sum of the Final Prices of all products listed in the given Purchase Offer or in the given Order;
12. SHIPPING FEE – cost of shipping the order to the Client with the use of a selected shipping method to the address provided, as determined by BAGIRLS.
13. PURCHASE OFFER VALUE – sum of the Total Price of and the Shipping Fee for the given Purchase Offer;
14. ORDER VALUE – sum of the Total Price of and the Shipping Fee for products covered by an Order which has been accepted;
15. COURIER SERVICE – entity providing parcel delivery services, as selected by BAGIRLS for the purposes of performing its obligation related to delivering an Order to the Client;
16. PROOF OF PURCHASE – any document confirming purchase of any specific product in the BAGIRLS store. This includes in particular such documents as tax receipt, invoice, cash register receipt, confirmation of bank transfer, order confirmation or confirmation of the parcel having been dispatched to the Client.
§ 3 REGISTRATION AND ORDER SUBMISSION
1. Client can shop in the Online Store 24/7 via the Internet, on the Online Store’s website.
2. Client makes an offer to enter into a Sales Contract with BAGIRLS by way of clicking the “submit your order” button in the “bag” section.
3. By submitting an order, the Client represents that they have read the present Rules and Regulations. Ignorance of the provisions hereof does not release the Client from the obligation to abide by these Rules and Regulations.
4. Client can register with the Store via its website. Registration is a one-time procedure. For the purposes of each subsequent purchase, the Client will use their previously set up Online Store login and password.
5. Login and password must be kept confidential. Liability for any damage caused through disclosure of the same to a third party shall lie exclusively with the Client.
6. Products listed in a Purchase Offer are not reserved thereby, and can be purchased by other Clients.
7. In a Purchase Offer, Client shall define:
1. the product or products to be covered by the Sales Contract, their properties and quantity;
2. correct shipping data, including;
3. full name of the Client (forename and surname)
4. Company/Business name (optional)
5. street address (of the Client’s office and/or place of delivery), which must include name of the street, number of the building and of the premises, postal code, place name (city, town, village) and country;
6. Client’s current e-mail address;
7. Client’s current telephone number;
8. payment method;
1. Client shall be solely responsible for the correctness of any data provided and shall bear all financial costs incurred due to to erroneous address details (in particular the cost of shipping a parcel to an incorrect address and the cost of returning any such parcel to the sender).
2. BAGIRLS shall send an automatic confirmation of receipt of the given offer to the e-mail address provided therein. This is not tantamount to confirmation of accepting the order and does not constitute conclusion of a Sales Contract.
3. BAGIRLS can decline to accept any Purchase Offer at its own discretion without cause. A Purchase Offer can be declined due to, inter alia, unavailability of the given product, restrictions reading shipment thereof, the Client’s inability to transmit payment, or the Client’s failure to abide by any criteria set out in the present Rules and Regulations.
4. BAGIRLS shall not be liable to the Client or to any third parties on account of declining a Purchase Offer.
§ 4 ORDER CANCELLATION BY CLIENT
After submitting a Purchase Offer, the Client can cancel the same by notifying BAGIRLS accordingly via an e-mail sent to bagirls.project@gmail.com, provided that such notification is sent before the Client receives confirmation of the Order having been accepted.
§ 5 SALES CONTRACT
1. The Sales Contract is entered into upon BAGIRLS sending to the Client’s e-mail address confirmation of accepting the Order.
2. If no such confirmation of accepting the Order is sent within two Business Days of submission of the given Purchase Offer, the Client’s Purchase Offer has been declined.
3. BAGIRLS may accept only some of the products listed in the Purchase Offer for processing. In such case, the Client will receive confirmation of acceptance of a specific part of the Order.
4. Under the Sales Contract, BAGIRLS undertakes to transfer to the Client the ownership of the given products and to deliver said products to the Client in accordance with the provisions hereof, and the Client undertakes to pay to BAGIRLS the Order Value, and to receive the Order.
condition precedent
1. Sales Contract is concluded on the condition precedent that the Client pays to BAGIRLS the respective Purchase Offer Value or Order Value within 3 days of entering into the Sales Contract. Payment is considered made on the day that the payment processor confirms the respective payment order or that the respective amount is credited to BAGIRLS’s bank account (in case of direct payments).
2. The legal effects of entering into a Sales Contract come into effect when the condition precedent referred to above is met. Client’s failure to meet the aforesaid condition (i.e. failure to pay the Order Value) results in termination of the Sales Contract.
3. The Parties may agree upon different terms of payment through individual written (e-mail) arrangements. In such case the condition precedent referred to above is considered nonexistent.
§ 6 PRODUCT PRICES
1. The binding price of the given product shall be the Final Price quoted in the order summary in the “bag” section.
2. All prices quoted on the BAGIRLS website are stated in Euro (EURO).
3. The Purchase Offer Value will be quoted in “your shopping bag”, in the “bag” section once the Order’s delivery place and the method of payment have been entered.
4. BAGIRLS can change the Product Prices at will, as well as organize promotional and sales campaigns of any type whatsoever. Any Purchase Offers submitted prior to publication of any such changes shall be processed in accordance with the terms and conditions previously in force.
§ 7 METHODS OF PAYMENT
1. On our shop payments are served by company: PAYPAL POLSKA SP Z O O (KRS: 0000289372, NIP: 5252406419, REGON: 141108225)
2. Payment can also be made by cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
In need to return funds from transaction made my client by credit card, seller will return money on a bank acount connected with credit card of the Client.
3. Payment can also be made on a Banc Acount, owned by Zofia Grzybowska, Jackowskiego 40/7a, 60-512 Poznań
ALIOR BANK: PL53249010570000990285511194, SWIFT: ALBPPLPW
§ 8 ORDER DELIVERY
1. BAGIRLS ships ordered products:
1. on the territory of the Republic of Poland – via DPD Courier Service or DHL Courier Service
2. via the Polish Post (Poczta Polska), subject to their rules and regulations stipulated in Regulamin_świadczenia_powszechnych_usług_pocztowych.pdf (Rules and regulation on provision of postal services by Poczta Polska), available on their website.
1. The costs of delivering the parcel to the Client shall be borne by the Client. The current table of shipping fees is available on the BAGIRLS website under the shipping tab.
2. When receiving the parcel from the Courier Service or the Post, the Client is obliged to carefully inspect the package and the contents thereof. If the package is damaged, the delivery person should draw up a shipping damage report, in duplicate, which must be signed by a representative of the Courier Service and by the Client. Client should e-mail BAGIRLS at: bagirls.project@gmail.com to confirm that the shipping damage report has been drawn up and the delivery has been rejected. The Client should keep a copy of the shipping damage report for reference.
§ 9 ORDER PROCESSING
1. Processing shall be understood as preparing and correctly dispatching to the Client a parcel containing the products accepted for processing as per the Order acceptance confirmation.
2. Accepted orders will be processed promptly upon receipt of a confirmation of payment made to BAGIRLS’s account, but in any event no later than within 5 Business Days.
3. Products which are not available at the time that the Client submits their Purchase Offer or products customized based on Client’s instructions will be shipped to the Client within a time limit individually agreed through e-mail arrangements.
4. Client will receive from BAGIRLS an e-mail notification confirming dispatch of the parcel and stating the respective waybill number.
§ 10 COMPLAINTS
1. Complaints must be sent in writing to BAGIRLS’s e-mail or mailing address stated in article 1 hereof, no later than within 2 (two) months after discovering the defect, no later than two years after handover of the product to the Client.
2. Complaints procedure:
1. Take photographs of the product (in particular the defect) and send it to BAGIRLS’s e-mail address at bagirls.project@gmail.com complete with a filled out complaint form and proof of purchase.
2. BAGIRLS will make its decision as to whether the complaint is justified or not within a maximum of 30 days after receiving the same;
3. If the complaint is found justified, the defective product must be returned at BAGIRLS expense to the address stated in article 1 hereof, in a manner specified in the e-mail communication regarding that complaint.
4. BAGIRLS will deliver a replacement item to the Client at its own expense or refund the amount paid – at the Client’s own discretion – promptly, but in any case no later than within 30 days of receipt of the defective product.
§ 11 RIGHT TO WITHDRAW FROM THE CONTRACT
1. Pursuant to the Act of 30 May, 2014 on Consumer Rights (in Polish Journal of Laws No. 683 of 2017) a CONSUMER, within 14 days of the receiving the delivery, can cancel the purchase of an item purchased in BAGIRLS Online Store (withdraw from the Sales Contract without cause).
2. In order to exercise the right referred to in clause 1, Consumer is obliged to provide BAGIRLS with a written statement on withdrawal from the concluded Sales Contract, complete with proof of purchase.
3. The time limit of 14 days, as referred to in the aforesaid Act, is deemed observed if said statement is dispatched, including sent via e-mail, within 14 days of the item’s delivery to the Client.
4. If a consumer withdraws from a contract in accordance with the aforesaid procedure, they are obliged to return the purchased product at their own expense within 14 (fourteen) days of withdrawing from the contract, in non-deteriorated condition which clearly demonstrates that the products has not been used and in its original packaging, to BAGIRLS’s address stated in article 1 hereof. BAGIRLS Store does not accept parcels against cash on delivery.
5. If withdrawal from the contract is effective, BAGIRLS will refund the product’s price (complete with the cost of shipment to the Consumer) to the CONSUMER.
§ 12 PROCESSING OF PERSONAL DATA
1. By making a purchase in BAGIRLS Online Store, the Client grants their consent to processing of their personal data for the purposes of order fulfilment.
2. Personal data shall be protected pursuant to the Act of 29 August, 1997 on Protection of Personal Data (uniform text in Polish Journal of Laws of 2002, No. 101, item 926, as amended) in a manner preventing any access thereto by third parties.
3. Pursuant to the aforesaid Act, Clients are entitled to review their personal data, amend the same and demand deletion of the same.
§ 13 FINAL PROVISIONS
1. BAGIRLS shall be entitled at any time to discontinue its services, amend its offer or withdraw any offered products without cause. Such changes shall not affect performance of any Sales Contracts concluded prior to their implementation.
2. In matters not addressed by the present Rules and Regulations, provisions of law in force on the territory of the Republic of Poland, in particular of the Polish Civil Code and the Act of 30 May, 2014 on Consumer Rights, shall apply.
3. All names, models and designs of products offered by BAGIRLS through the Online Store are the property of KULUZA and may be protected and registered as proprietary pursuant to provisions of the Industrial Property Law or other laws.
4. In the event that the present Rules and Regulations are amended, all Sales Contracts concluded prior to such amendment shall be performed in accordance with the terms and conditions applicable at the time of conclusion thereof.
5. The present Rules and Regulations come into effect on 1.12.2019.