Online store regulations
§ 1. Definitions
1. Regulations - these Regulations, specifying the rules for concluding distance sales contracts via the Online Store, the rules for performing these contracts, the rights and obligations of the parties to the distance sales contract and the rules for the complaint procedure. In the scope of services provided electronically, the Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
2. Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, which concludes a Distance Sales Agreement with the Seller.
3. Consumer – consumer within the meaning of Art. 22 1 of the Civil Code. According to the statutory definition: a Consumer is a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
4. A natural person running a sole proprietorship making a purchase of a non-professional nature - a natural person concluding a distance sales contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject matter her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, the law of which grants the right to: withdraw from the contract on the terms granted to Consumers, to apply the provisions on prohibited clauses used in template contracts and regarding liability under the warranty for defects of the sold item.
5. Seller:
PHONE BEST SERVICE SP. Z O.O.
tel. (+48) 600 570 008
info@phonebestservice.pl
NIP 5252853420
REGON 388314060
6. Seller's registered office address:
NOWOGRODZKA 56A / 207，00-695 Warszawa.
NOWY ŚWIAT 23, 00-029, Warsaw. (Address of retail store in Warsaw)
7. Online Store - an online service run by the Seller, available at the following electronic addresses: www.phonebestservice.pl, through which the Customer can obtain information about the Goods and their availability and purchase the Goods or order the provision of a service.
8. Distance sales contract - contract for the sale of Goods/provision of services/delivery of digital content (if applicable), concluded via the Online Store.
9. Goods - a movable item that the Customer can purchase in the Online Store.
10. Privacy and cookies policy of the Online Store - a document specifying detailed rules for the processing of personal data and the use of cookies. The privacy and cookies policy constitutes Annex 3 to the Regulations and is available at https://www.phonebestservice.pl/privacy
11. Durable medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which this information is served and which allows the reproduction of the stored information in an unchanged form, in especially e-mail.
12. Order form - an electronic ordering procedure provided by the Seller to the Buyer.
13. Return form – Send order details to info@phonebestservice.pl
14. Electronic complaint form - Send order details to info@phonebestservice.pl
15. Sending the order - confirmation of the order by the Customer clicking the "I order with the obligation to pay" button, treated as the Customer's submission of a binding declaration of will to conclude a Distance Sales Agreement with the Seller.
16. Account - a set of data stored in the Online Store and in the Seller's IT system regarding a given Customer and the orders placed by him and concluded Remote Sales Agreements, using which the Customer can place orders and, in due time, cancel or edit and conclude Agreements Distance selling.
17. Assessment of order service and Assessment of individual goods - subjective statements and ratings awarded by the Customer in the form of stars from 1 to 5 for the Online Store after the completed Order.
§ 2. General provisions
1. Types and scope of services provided electronically:
a. concluding Online Sales Agreements - regarding Goods sold in the Online Store,
b. rules for registering and using the Account in the Online Store,
c. adding opinions, comments and ratings - the customer can add an opinion or comment to his order,
d. sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for processing.
2. Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a. Internet browsers in the current version, e.g.:
i. Firefox
ii. Chrome
iii. Internet Explorer
b. any program for viewing PDF files.
3. The content posted on the Online Store's website, including descriptions of Goods and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. They become binding - for the purposes of concluding a specific contract - only when the Customer sends the order by clicking the "I order with the obligation to pay" button.
4. The Seller makes these Regulations and Annexes available via a link on the home page before, during and after the conclusion of the Distance Sales Agreement. The buyer can download it and print it out.
5. In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
§ 3. Orders
1. An order in the Online Store can be placed via the Account or you can choose the purchase option without registration, in which case an internal account is created on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
2. The purchase is made by completing the Electronic order form available on the Online Store website. The selected Goods are selected by adding them to the cart. The electronic order form specifies, among others: what Goods, at what price and in what quantities the Customer wants to order to the location indicated by him. The customer takes appropriate technical steps based on the displayed messages.
3. After the Customer provides all necessary data, a summary of the placed order will be displayed. The order summary will include information regarding: identifying data of the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery costs and other costs, if any, the selected payment method, the selected delivery method, delivery time and costs.
4. If the subject of the contract is the supply of digital content that is not recorded on a tangible medium or services provided electronically or remotely - the Consumer expresses the following consent in the additional checkbox required to place an order and located on the Electronic order form: "I consent to delivery of digital content that is not saved on a tangible medium or the commencement of the provision of the service before the expiry of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract. The Seller will confirm receipt of the above. consent by e-mail.
5. In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the content of the Regulations, and send the order by pressing the "I order with the obligation to pay" button.
a. Sending the Electronic Order Form by the Customer constitutes a binding declaration of will to conclude a Distance Sales Agreement, in accordance with the content of these Regulations.
b. The distance sales contract is treated as concluded when the Seller accepts the Electronic order form, which is confirmed by displaying to the Buyer a message confirming acceptance of the order and providing its number.
c. After concluding the Distance Sales Agreement, the Customer receives an e-mail confirmation of the placed order containing: confirmation of order acceptance and final confirmation of all essential elements of the Order and the general terms and conditions of the concluded Distance Sales Agreement (Regulations of the Online Store together with Appendices No. 1 and 2), data of the Seller, the Seller's responsibility for the quality of the service, the services provided by the Seller after the sale and the method and consequences of withdrawal from the contract. Instructions on the method and consequences of withdrawal from the contract are included in Annex 1.
d. Until the Seller starts processing the order:
i. The Customer may change his order using the technical solution available on the Electronic Order Form page and completing the entire ordering path again. The order is changed by placing a new one, which replaces the previously placed one. Alternatively, the payment made by the Customer is settled against a new order, and in the event of an overpayment, it is returned to the bank account from which the payment was made.
ii. The customer may cancel his order by selecting the "cancel order" option available on the Electronic Order Form page.
e. If the Customer cancels the order, the Seller will refund the received payment within 3 business days. The refund will be made using the same payment method used by the Customer.
f. The order processing time is from 1 to 30 business days from the date of conclusion of the contract.
§ 4. Payment
1. The Online Store offers the option of making payments in the form of prepayments. The deferred payment option is possible in situations individually agreed with the Seller.
2. Payment for the goods can be made in the manner selected when placing the order on the Electronic Order Form.
3. Currently available payment methods in the form of prepayments in the Online Store are available at PAYMENT METHODS - PHONE BEST SERVICE .
§ 5. Delivery
1. On the Electronic order form, the Customer selects the delivery method by checking the selection made. The Seller reserves the right to change the delivery method selected by the Customer at no additional cost to the Customer.
2. If the Customer fails to collect the Goods, resulting in the Goods being returned to the Seller, the Seller may withdraw from the sales contract. Withdrawal from the contract takes place by submitting a declaration to the Customer in the form of an e-mail.
3. In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
4. Currently available delivery methods in the Online Store are available at DELIVERY COSTS AND TIME - PHONE BEST SERVICE .
§ 6. Withdrawal from the contract – electronic return form
1. A Buyer who is a Consumer who has concluded a Distance Sales Agreement may withdraw from it without giving a reason within 14 days. In the event of withdrawal from a distance sales contract, the contract is deemed not to have been concluded.
2. The right to withdraw from the contract on the terms set out in Chapters 6 and 7 of these Regulations also applies to a natural person running a sole proprietorship and making a non-professional purchase.
3. The Seller will verify the authorization of the person indicated in point 2 to submit a declaration of withdrawal from the Agreement. Verification is carried out by checking whether the concluded contract does not have a professional nature for this person - which is carried out in particular by analyzing the PKD codes indicated in the Central Registration and Information of Economic Activity.
4. If it is considered that the purchase of Goods made by a person running a sole proprietorship in the Online Store was of a professional nature, the Seller will immediately, i.e. no later than 3 business days from receiving the declaration of withdrawal, inform the person making the declaration that due to professional nature of the purchase - there is no right to withdraw, and therefore the submitted declaration of withdrawal from the contract does not produce legal effects. If the Goods are physically returned together with the declaration of withdrawal from the contract, the Goods will be sent back at the expense of the person submitting the declaration and to the address details previously provided in the Order. The Seller's response will be provided using the same method used by the person submitting the declaration.
5. In the event of withdrawal from the contract - the Consumer bears only the direct costs of returning the Goods.
6. The Consumer's declaration must clearly express his will to withdraw from the contract, in particular the Consumer may:
a. Send order details to info@phonebestservice.pl .
b. withdraw from the contract using the contract withdrawal form attached as Annex 2 - sending it to the address of the Seller's registered office.
c. The Seller will immediately confirm on a Durable Medium the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in items 1 and 2.
7. To meet the deadline, it is enough to send the declaration before its expiry.
8. The period for withdrawal from the contract begins:
a. for a contract in the performance of which the Seller delivers the item, being obliged to transfer its ownership - from the Consumer or a third party indicated by him other than the carrier taking possession of the Goods, and in the case of a contract which:
i. includes many items that are delivered separately, in lots or in parts - from taking possession of the last item, lot or part;
ii. consists in the regular delivery of items for a specified period of time - from taking possession of the first item;
b. for other contracts - from the date of conclusion of the contract.
9. The form of declaration of withdrawal from the contract (Appendix No. 2 to these Regulations) and information regarding the exercise of the right to withdraw from the contract (Appendix No. 1 to these Regulations) are provided in the electronic form indicated in point 3.5.3 of these Regulations.
10. The right to withdraw from a distance sales contract does not apply to contracts specified in Art. 38 of the Act of May 30, 2014 (Journal of Laws of 2019, item 134) on consumer rights, including: Arrange:
a. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
b. the subject of which is a non-prefabricated item, manufactured according to the Customer's specifications or serving to meet his individual needs;
c. the subject of which is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
d. the subject of which are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
e. for the supply of digital content and electronic licenses that are not saved on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract;
f. the subject of which is an item that deteriorates quickly or has a short shelf life, and in which the subject of the service are items that, after delivery, due to their nature, are inseparably connected with other items;
g. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
h. concluded by public auction;
i. for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
j. in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
§ 7. Effects of withdrawal from the contract of sale of goods
1. The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the Agreement for the sale of goods, will refund to the Consumer all payments made by him, including delivery costs corresponding to the cheapest delivery method offered by the Seller.
a. The refund will be made using the same payment method used by the Consumer.
b. If the Consumer uses the Electronic Return Form to exercise the right to withdraw, the funds will be returned by the selected method and to the bank account provided by the Consumer.
2. If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the Goods back or the Consumer provides proof of sending them back, depending on which event occurs first.
3. The Seller may offer the Consumer to collect the item himself. However, if the Seller did not submit such a proposal, the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry. The goods that the Consumer returns should be sent to the address of the Seller's registered office or warehouse.
4. The Consumer is responsible for reducing the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
§ 8. Complaints
1. The Seller is obliged to deliver Goods free from physical and legal defects and is liable to the Customer for physical and legal defects of the purchased Goods under the terms specified in the Civil Code.
2. If the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the warranty for defects:
a. via the Electronic Complaint Form;
b. in writing to the address of the Seller's registered office or by e-mail to info@phonebestservice.pl .
c. The notification should specify the defect that the Buyer believes the goods have, the demands made to the Seller and, if possible, document the defect. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt. If he did not respond to the above-mentioned within this time limit, it is deemed that the complaint has been accepted. The Seller provides the response to the complaint to the Buyer in writing or on a Durable Medium.
d. The steps that the Buyer must take to submit a complaint, including the method of delivering the complained Goods to the Seller, are indicated at individual stages in the Electronic Complaint Form.
e. If the Seller recognizes the complaint as justified: the costs of replacement, repair, including the cost of shipment related to the complaint of the Goods, are borne by the Seller.
f. The Seller will verify whether the complaint submitted by a natural person running a sole proprietorship and making a purchase of a non-professional nature is of a non-professional nature for this person. Verification is carried out by analyzing the PKD codes indicated in the Central Registration and Information of Economic Activity.
g. If, following a complaint submitted by the Consumer, the dispute has not been resolved, the Seller provides the Consumer on paper or another durable medium with a statement about:
i. intention to submit a request to initiate proceedings for out-of-court resolution of consumer disputes or consent to participate in such proceedings, or
ii. refusal to participate in proceedings for out-of-court resolution of consumer disputes.
§ 9. Opinions
1. Within a specified period after the Order is completed, the Customer who has an Account may be asked in an e-mail to add an order service rating and an assessment of individual goods. The evaluation of order processing and the evaluation of individual goods is voluntary and free of charge, and to do so, please click on the link that will take you to a separate page. Within one order - the Customer can only add a rating once.
2. As part of the above-mentioned Ratings The customer can assign a rating in the form of stars from 1 to 5 and add a verbal statement limited to 65535 verbal characters. above The ratings are automatically signed with the Customer's name and the city indicated by the Customer when registering the Account.
3. The Seller does not substantively verify or control Order Assessments. The Buyer is solely and independently responsible for the statements made as part of the Assessments. The Seller is entitled to block the Ratings in whole or in part in accordance with the provisions of law and these Regulations.
4. It is unacceptable to post content containing false, misleading, vulgar, aggressive, offensive information or information that is clearly considered contrary to decency. It is also unacceptable to post illegal content that violates the rights of third parties or constitutes an act of unfair competition.
5. The Customer undertakes not to post content that contains links to external websites that are of a promotional or advertising nature or contain personal data of third parties. It is also prohibited to post illegal content, in particular content that constitutes an act of unfair competition, etc.
6. The client is responsible for the statements he/she edits and posts, and is in particular responsible for violating the rights or goods of third parties.
7. At the express request of the Customer, the content of the Ratings may be hidden from other users of the Store, but the awarded star rating is included in the overall rating of the Store and the Goods.
§ 10. Intellectual property
1. The Customer declares that he is not entitled to any rights, including copyright or related rights, to the Ratings and statements posted by him, apart from the right to use the Online Store in the manner specified in the Regulations. The Customer is not entitled to any recording, reproduction, making available, publicizing or disseminating the content, unless such right results from legal provisions or the Regulations.
2. The Customer is not entitled to any interference with the content, in particular he is not entitled to interfere with the content, structure, form, graphics, mechanism of operation, or other elements of the Online Store.
3. By posting Ratings in the Online Store, which constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, the Customer grants the Seller a non-exclusive and free of charge and unlimited in time and territory license to use these works by the Seller, together with the right to grant a sublicense, which includes making the work publicly available in such a way that everyone can have access to it at a place and time of their choosing (Internet). The license is granted for all fields of exploitation known at the time of granting it, in particular for the following fields of exploitation:
a. in the scope of recording and reproducing the work using any technique - in particular printing, reprography, magnetic recording, digital techniques, i.e. using any techniques on any audiovisual or visual medium, in particular on audiovisual discs, CDs, computer disks, in a multimedia network , including websites and related online services, as well as reproduction, recording, use on the Internet, advertising, reproduction of recordings in electronic form in computer memory and in internal and external networks,
b. using the whole or fragments or any elements of the work with the possibility of modification resulting from the nature of a given Internet medium - in all publications, in particular online, digital, bulletins and information, alone or in combination with other works or fragments of works; use in whole or in part for promotion and advertising, in particular in the form of audiovisual, audio and media advertising.
c. in the scope of trade in the original or copies on which the work was recorded - placing on the market, lending, renting the original or copies,
d. in the scope of disseminating the work in a manner other than that specified above - public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it at a place and time of their choosing,
e. use of works for promotional and marketing purposes;
4. Deleting the Account by the Customer or the Assessment in accordance with Chapter 9, point 8 does not affect the validity of the above license.
§ 11. Final provisions
1. If any of the provisions of these Regulations are changed or invalidated by a decision of a competent authority or court, the remaining provisions remain in force and are binding on the Seller and the Customer.
2. The law applicable to resolving any disputes related to the Regulations is Polish law. These disputes will be resolved by the locally competent court. A Customer who is a Consumer may also use out-of-court methods of dealing with complaints and pursuing claims. All information regarding out-of-court methods of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are voluntary and both parties must consent to them.
3. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that at Online Dispute Resolution | The European Commission has a platform for an online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service provision contract.
§ 12. Annex 1 – Information regarding the exercise of the right to withdraw from the contract
1. The right to withdraw from the contract on the following terms also applies to a person running a sole proprietorship who makes a purchase of a non-professional nature, i.e. resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity . The right to withdraw from the contract on the following terms is granted to the Consumer. You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days:
a. in the case of a sales contract, from the date on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item;
b. in the case of a contract obliging you to transfer ownership of several items that are delivered separately from the date on which you came into possession of the last item or on which a third party other than the carrier and indicated by you came into possession of the last item;
c. in the case of a contract obliging you to transfer ownership of items delivered in batches or parts from the date on which you came into possession of the last batch or part or on which a third party other than the carrier and indicated by you came into possession of the last batch or part;
d. in the case of contracts for regular delivery of items for a specified period of time from the date on which you came into possession of the first item or on which a third party other than the carrier and indicated by you came into possession of the first item;
e. in the case of contracts the subject of which is the provision of services or digital content that are not delivered on a tangible medium - from the date of conclusion of the contract.
2. To exercise the right to withdraw from the contract, you must inform us, i.e.: PHONEBESTSERVICE Sp. z o. o., Nowy Świat 23, 00-029, Warszawa, tel. (+48) 600 570 008, info@phonebestservice.pl about your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, fax or post electronic).
3. You can use the sample withdrawal form, but this is not obligatory.
4. In order to meet the deadline for withdrawal from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal from the contract expires.
5. If you withdraw from this contract, we will refund to you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from your chosen delivery method other than the cheapest usual delivery method offered by us), immediately and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed to a different solution.
6. In the case of contracts requiring the transfer of ownership of items in which we have not offered to collect the Goods in the event of withdrawal from the contract - we are to withhold the refund until we receive the item or until we receive proof of its return, depending on which event occurs before.
7. Please send the returned item to the following address: PHONEBESTSERVICE sp. z o. o., Nowy Świat 23, 00-029, Warsaw immediately, and in any case no later than 14 days from the date on which you informed us about your withdrawal from this contract. The deadline is met if you return the item before the 14-day deadline expires. You will have to bear the direct costs of returning the items.
8. Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract, returning the Goods may involve higher costs than regular postal shipment. If you want to use the services of courier companies, it may be necessary to send the parcel on a pallet, which is more expensive than regular postal delivery.