These Regulations define the general conditions, rules and manner of sales conducted byCabo Beata Stańczak, based in Gdansk (Poland), via the online store www.bycabo.com (hereinafter: "Online Store") and sets out the terms and conditions for the provision of free electronic services byCabo Beata Stańczak, based in Gdansk.
§ 1 Definitions
Working days - means the days of the week from Monday to Friday excluding public holidays.
Delivery - means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
Supplier - means the courier company with which the Seller cooperates in making Delivery of Goods.
Password - means a sequence of letter, digital or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer's Account in the Online Store.
Customer - means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
Consumer - means a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.
Customer's Account - means an individual panel for each Customer, launched for his/her benefit by the Seller, after the Customer registers and concludes a contract for the provision of the Customer's Account service.
Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting in its own name a business or professional activity and performing a legal action directly related to its business or professional activity.
Entrepreneur with the rights of a Consumer - means a natural person entering into a Sales Contract directly related to his/her business activity, when it follows from the content of the Sales Contract that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Regulations - means these regulations.
Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
Seller - means: Beata Stańczak conducting business activity under the name byCabo Beata Stańczak with registered office in Gdańsk (80-280), ul.Cypriana Kamila Norwida 2 lok. 9, NIP 5832205318, REGON 221222710, registered in the Central Register and Information on Business Activity conducted by the Minister of Development, Labor and Technology;
Store Website - means the websites under which the Seller operates the Online Store, operating in the domain www.bycabo.com
Goods - means a product presented by the Seller via the Store's Website, which may be the subject of a Sales Contract.
Durable medium - means a material or tool that allows the Customer or Vendor to store information directed personally to the Customer, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and that allows the reproduction of the stored information in an unchanged form.
Sales contract - means a contract of sale concluded remotely, under the terms of the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Internet Store
All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms and images presented on the Online Store Website for the purpose of presentation of the Goods belong to the Seller, and the use of these rights may be carried out only in the 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" files, which are saved by the Seller's server on the hard drive of the Customer's final device when the Customers use the Store's Website. The use of "cookies" is aimed at the proper operation of the Store's Website on Customers' terminal devices. This mechanism does not damage the Customer's final device and does not cause any configuration changes in the Customers' final devices or in the software installed on these devices. Each Customer may disable the "cookies" mechanism in the web browser of his/her end device. The Seller points out that disabling "cookies" may, however, make it difficult or impossible to use the Store's Website.
In order to place an order in the Online Store via the Store's Website and to use the services provided electronically via the Store's Website, it is necessary for the Customer to have an active e-mail account.
It is forbidden for the Customer to provide content of an unlawful nature and for the Customer to use the Online Store, the Online Store Website or free services provided by the Seller, in a manner contrary to the law, good morals or violating the personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers' data by unauthorized persons, so Customers should use appropriate technical measures to minimize the aforementioned risks. In particular, they should use anti-virus and identity protection programs for Internet use. The Seller shall never ask the Customer to provide him with a Password in any form.
It is not permissible to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the interests of the Seller, i.e. advertising activities of another business or product; activities involving the posting of content not related to the business of the Seller; activities involving the posting of false or misleading content.
§ 3 Registration
In order to create a Customer Account, the Customer is required to make a free Registration.
Registration is not necessary to place an order on the Online Store.
For Registration, the Customer should complete the registration form made available by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function found in the registration form. During Registration, the Customer shall establish an individual Password.
When filling out the registration form, the customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate box in the form.
During Registration, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by checking the appropriate box of the Registration form. In this case, the Vendor shall clearly inform about the purpose of collecting the Customer's personal data, as well as about the known or anticipated recipients of such data.
The Client's consent to the processing of his/her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the service of maintaining the Client's Account. Consent may be withdrawn at any time by submitting an appropriate statement of the Client to the Seller. The statement may, for example, be sent to the Seller's address via e-mail.
After submitting the completed registration form, the Client receives immediately, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller. From that moment, the agreement for electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer obtains the possibility to access the Customer's Account and make changes to the data provided during Registration.
§ 4 Orders
The information contained on the Store's Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a sales contract.
The customer can place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day.
The Customer placing an order via the Store's Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the command TO CART under the given Goods presented on the Store's Website. After completing the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the "Order with obligation to pay" button on the Store's Website. Each time before the order is sent to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Contract for the Goods that are the subject of the order.
Once the order is placed, the Seller sends a confirmation of the order to the e-mail address provided by the customer.
Subsequently, upon confirmation of the order placement, the Seller sends to the e-mail address provided by the Customer information on acceptance of the order for execution. The information on acceptance of the order for execution is the Seller's statement of acceptance of the offer referred to in §4 item 4 above, and upon its receipt by the Customer the Contract of Sale is concluded.
After the conclusion of the Sales Agreement, the Seller confirms the terms and conditions of the Agreement to the Customer by sending them in a durable medium, to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or order placement.
§ 5 Payments
The prices on the Store's Website posted next to a given Goods are gross prices and do not include information on delivery costs and any other costs that the customer will be required to pay in connection with the sales contract, which the customer will be informed about when selecting the delivery method and placing the order.
The Customer may choose the following forms of payment for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the receipt of funds in the Seller's bank account);
b) bank transfer via PayPal external payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, order processing will begin after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives information from PayPal that the Customer has made payment);
c) payment card and bank transfer through an external payment system PayU, operated by PayU S.A. with headquarters in Poznań (in this case, order processing will begin after the Seller sends the Customer a confirmation of order acceptance and after the funds are credited to the Seller's bank account);
PayPoservice pays for online purchases in the store, and the customer has 30 days to repay the amount due (you must register with PayPo). Order processing will begin after the Seller sends the customer a confirmation of order acceptance and after the funds are credited to the Seller's bank account.
The customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 2 Business Days, if he has chosen the form of traditional bank transfer.
In the event of failure of the parties to the contract to perform their obligations within a strictly defined period of time, resulting from the concluded Sales Contract, the authorized party may, in the event of the other party's default, withdraw from the contract without setting an additional date, in accordance with Article 492 of the Civil Code. Withdrawal from the contract may take place within 3 months from the date of conclusion of the Sales Agreement. The above entitlement applies in particular in the situation of the Customer's failure to make payment for the order placed within the strict deadline indicated above in §5 paragraph 3 of the Terms and Conditions. In such a situation, after the ineffective expiration of the deadline for payment, the Seller will send the Customer on a durable medium a statement of withdrawal from the contract on the basis of Article 492 of the Civil Code.
§ 6 Delivery
The Seller shall deliver the Goods on the territory of Poland and EU countries. If the delivery address of the Goods is a country outside the European Union, the total value of the order does not include any fees or taxes that might be required by the government of the country according to the place of residence or the seat of the Customer. The Customer may be required to pay, in particular: local fees or taxes in accordance with local law.
The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.
The Seller shall post on the Store's Website information about the number of Business Days required for Delivery and processing of the order.
The Delivery and Order Fulfillment Period indicated on the Store's Website is calculated in Business Days in accordance with §5(2) of the Terms and Conditions.
The ordered Goods are delivered to the Customer via the Supplier at the address indicated in the order form.
On the day the Goods are shipped to the Customer, information confirming the shipment by the Seller is forwarded to the Customer's e-mail address.
The Customer is obliged to examine the delivered shipment at the time and in the manner usual for shipments of a given type. If the shipment is found to be defective or damaged, the Customer has the right to demand that an employee of the Supplier write an appropriate protocol.
The Seller, in accordance with the Customer's will, shall attach to the shipment being delivered a VAT invoice covering the delivered Goods.
In the event of the Customer's absence at the address specified by the Customer, given when placing the order as the Delivery address, an employee of the Supplier will leave an advice letter or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of Delivery.
§ 7 Warranty
The Seller shall ensure Delivery of Goods free of physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
If the Goods have a defect, the Customer may:
make a statement about reducing the price or withdrawing from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defects. The Client may, instead of the removal of defects proposed by the Seller, demand that the Goods be replaced with defect-free Goods or, instead of replacing the Goods, demand the removal of defects, unless bringing the Goods into conformity with the agreement in the manner selected by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction.
demand to replace the Defective Goods with defect-free or remove the defect. The Seller shall be obliged to replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Client. The Seller may refuse to satisfy the Customer's request if bringing the Defective Goods into conformity with the Contract of Sale in a manner chosen by the Customer is impossible or, in comparison with the other possible manner of bringing them into conformity with the Contract of Sale, would require excessive costs. The cost of repair or replacement shall be borne by the Seller.
The Customer who exercises warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer and an Entrepreneur with rights of a Consumer, the cost of delivery is covered by the Seller.
The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the release of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free Goods shall become time-barred after one year, but this period cannot end before the expiration of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Contract or make a statement of price reduction due to a defect in the Goods. If the Customer has demanded replacement of the Goods with defect-free Goods or removal of the defect, the time limit for withdrawal from the Sales Agreement or submission of a statement on price reduction shall begin upon the ineffective expiration of the time limit for replacement of the Goods or removal of the defect.
Any complaints related to the Goods or the performance of the Sales Contract, the Customer may address in writing to the Seller's address.
The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint related to the implementation of the Sales Contract reported by the Customer.
The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to email@example.com. The Customer should include a description of the problem in the complaint. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with a response.
The seller does not use the out-of-court dispute resolution referred to in the Law of September 23, 2016, on out-of-court resolution of consumer disputes.
§ 8 Withdrawal from the Sales Agreement
A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has entered into a Sales Contract may withdraw from it within 14 days without stating a reason.
The period for withdrawal from the Sales Contract shall begin from the moment the Consumer, the Entrepreneur with the rights of the Consumer or a third party other than the carrier designated by them takes possession of the Goods.
A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This declaration may be made, for example, in writing to the address of the Seller, i.e.: byCabo Beata Stańczak, 2 Cypriana Kamila Norwida Street (80-280), Gdańsk, or by e-mail to the address of the Seller, i.e.: firstname.lastname@example.org. The declaration can be made on a form, the specimen of which was posted by the Seller on the Store's Website at: Withdrawal form. To meet the deadline it is sufficient to send the statement before its expiration.
A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the Contract by submitting a withdrawal statement to the Seller via the form made available on the website at: Electronic Withdrawal Form. To meet the deadline it is sufficient to send the statement before its expiration. The Seller shall immediately confirm to the Consumer and the Entrepreneur with the rights of the Consumer the receipt of the form submitted via the website.
In the event of withdrawal from the Sales Agreement, it is considered not concluded.
If the Consumer or Entrepreneur with the rights of the Consumer made a statement of withdrawal from the Sales Contract before the Seller accepted his offer, the offer ceases to be binding.
The Seller is obliged to return immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with the rights of the Consumer on withdrawal from the Sales Contract, all payments made by him, including the cost of Delivery of the Goods to the Consumer or Entrepreneur with the rights of the Consumer. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur with the rights of the Consumer until receipt of the Goods back or delivery by the Consumer or Entrepreneur with the rights of the Consumer of proof of return of the Goods, whichever event occurs first.
If the Consumer or Entrepreneur with the rights of the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with the rights of the Consumer for the additional costs incurred by him.
The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Contract. To meet the deadline it is sufficient to return the Goods to the Seller's address before the expiration of this period.
In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer shall bear the cost of returning the goods.
If, due to its nature, the Goods cannot be returned by mail in the usual manner, the Seller shall inform the Consumer and the Entrepreneur with the rights of the Consumer about the cost of returning the item on the Store's Website.
The Consumer and the Entrepreneur with the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer or Entrepreneur with the rights of the Consumer expressly agreed to a different method of return that does not involve any costs for him.
§ 9 Free services
(1) The Seller shall provide to Customers, by electronic means, free of charge services:
(a) Contact form;
(c) Maintenance of Customer Account.
The services indicated in §9 (1) above are provided 7 days a week, 24 hours a day.
The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.
The Contact Form service involves sending a message to the Seller using a form on the Store's Website.
Cancellation of the free Contact Form service, is possible at any time and consists in ceasing to send inquiries to the Seller.
The Newsletter service may be used by any Customer who enters his/her e-mail address, using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer will immediately receive an activation link via e-mail to the e-mail address provided in the registration form to confirm subscription to the Newsletter. Upon activation of the link by the Customer, the Newsletter service agreement is concluded electronically. The Customer may additionally, during Registration, check the appropriate box in the Registration form in order to subscribe to the Newsletter service.
Newsletter service consists in sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
Each Newsletter addressed to the Customers' data includes, in particular: information about the sender, filled in field "subject", defining the content of the package and information about the possibility and manner of cancelling the free Newsletter service.
The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service or by deactivating the corresponding field in the Customer Account.
The Customer Account Service is available after registration according to the rules described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Store's Website, allowing the Customer to modify the data he/she provided during Registration, as well as to track the status of orders and the history of orders already completed.
A Customer who has registered may submit a request to the Vendor to remove the Customer's Account, however, if the Vendor requests the removal of the Customer's Account, it may be removed up to 14 days after the request.
The Seller is entitled to block access to the Client's Account and free services, in the case of the Client's acting to the detriment of the Seller or other Clients, the Client's violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to the Client's Account and free services is justified for security reasons - in particular: the Client's breaking the security of the Store's Website or other hacking activities. The blocking of access to the Customer's Account and free services for the aforementioned reasons lasts for the period of time necessary to resolve the issue underlying the blocking of access to the Customer's Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer's Account and free services by e-mail to the address provided by the Customer in the registration form.
§ 10 Protection of personal data
§ 11 Termination of the agreement (does not apply to Sales Agreements)
Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
A Customer who has made a Registration terminates the contract for the provision of services by electronic means by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to become acquainted with the Customer's statement of intent.
The Seller shall terminate the contract for the provision of services by electronic means by sending to the Customer an appropriate statement of intent to the e-mail address provided by the Customer during Registration.
§ 12 Final provisions
The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
The content of these Terms and Conditions may be recorded by printing, saving to a media or downloading at any time from the Store's Website.
If a dispute arises on the basis of the concluded Sales Agreement, the parties will seek to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.
The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution prior to the effective date of the new Regulations shall be executed on the basis of the Regulations that were in effect on the date the order was placed by the Customer. The amendment to the Terms and Conditions shall become effective within 7 days from the date of publication on the Store's Website. The Seller will inform the Customer 7 days before the new Regulations come into effect about the change in the Regulations by means of a message sent via e-mail containing a link to the text of the amended Regulations. If the Client does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §11 of the Terms and Conditions.
The Regulations shall come into force on 25.11.2021.