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Koszyk

 Chapter I  – Seller

  • 1 BagManiacs online store is hereinafter referred to as the “Store” and sells goodsóvia the Internet at  www.bagmaniacs.com. The seller is

BagManiacs Kamila Puzinowska , 78-300 Swidwin, ul.Cicha 8,  West Pomeranian Voivodeship , Poland with NIP number 672-210-91-. 00, REGON 529369632, delivery address78-300 Świdwin, ul.Cicha 8, zachodniopomorskie voivodship , Poland

Chapter II- Definitions

  • 2 . Definitions and words used in these regulations shall be understood as follows

“Delivery Address” – means the address provided when placing an Order or when creating an Account, to which the Store sends the Goods.

“Customer’s Electronic Mail Address” – means the Customer’s e-mail address provided when placing an Order or when creating an Account.

“Account Access Data” – collectively means the login (in the form of the Customer’s Electronic Mail Address) and password assigned to the Account.

“Order Form” – a tool that is used to place an Order by the Customer of the Good(s)  placed in the Cart without creating an Account.

“Customer” – means an entity a natural person or a legal person, or an organizational unit without a legal entity  who, within the Store, has created an Account or placed an Order using an Order Form, or used a Shopping Cart, or added Goods to Favorites, or used other services or tools provided by the Store. “You” or corresponding phrases in the second person plural (e.g. “you may”, “you receive”, etc.) also refer to the Customer.

Registered Customer – means a Customer who has created an “Account”.

“Consumer” – means a natural person  within the meaning of Article 22 of the Civil Code Act making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.

“Account” – means a tool by means of which the Customer maintains for the use of the Store his/her name, surname, Electronic Mail Address and other data, enabling him/her to  place  Orders and use  services offered by the Store.

“Shopping Cart” – means a tool with the help of which the Customer indicates the Good(s)  intended for a possible order.

“Newsletter” – means electronically sent to Customers by the Store information about Goods and the Store, including but not limited to discounted goods, contests, announcements of new  Goods and other matters that in the reasonable opinion of the Store may be of interest to Customers.

“Order Receipt Confirmation” – means a message sent by e-mail in which the Store notifies the Customer that it has received the Order.

“Acceptance of the Order” – means a message sent by e-mail in which the Store declares to the Customer that it accepts the Customer’s offer in the form of an Order.

“Regulations” – means these Regulations.

“Store” – means the BagManiacs online store operating under the domain name

 www.bagmaniacs.com, maintained by the Seller described in §1

“Parties” – means the Customer and the Seller

“Goods” – means  used item  movable in the Store’s assortment, for which the Customer may place an Order.

“Contract” – a contract for the provision of electronic services by the Store to the extent provided in the Regulations.

“Order” – means the Customer’s statement of intent  offer to purchase the Goods placed in the Shopping Cart, which is submitted to the Store by the Customer.

Chapter III- General provisionsóGeneral

  • 3 These regulations specify :
  1. Principles of concluding Sales Agreements between the Seller and Customers
  2. Rules for the return of goods and the possibility of withdrawal from the contract
  3. establishment, maintenance and closure of Accounts by the Store,
  4. Newsletter distribution by the Store,
  5. Collection and processing of Customers’ personal data by the Store.
  • 4 The store operates and delivers goods within the European Union
  • 5 Acceptance of the Terms and Conditions is a condition for using the services of the Online Store. Creating an account or placing an order is tantamount to accepting the Terms and Conditions.
  • (6) With regard to services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended). The Rules and Regulations are addressed to all Customers of the Online Store. The Customer is obliged to comply with all provisions of the Regulations. Sales take place on the basis of these Regulations.
  • 7 The image of the Goods or Goods and information about them presented in the Store are addressed to the general public and are an invitation to make offers, and do not constitute an offer to sell within the meaning of the Civil Code. Information about the nature of the relevant images and information as merely an invitation to make offers accompanies the images and information presented in the Store. All information contained on the Store’s website relating to the Goods (including prices) does not constitute a commercial offer within the meaning of Article 66 of the Civil Code.
  • 8 For the use of the online store, it is required to have an electronic device that allows the use of the Internet ” phone , computer , tablet, installed web browser , Internet connection, address
  • 9 Information provided in the Registration Form and Order Form by the Customer must be true and up-to-date. In case of providing false or outdated information, the Seller shall not be obliged to process the Order.
  • 10 The price information provided on the website of the Online Store is binding from the moment the Customer receives an e-mail confirming the price of the goods .Once the order has been successfully placed, the price will not change regardless of any price changes in the Store that may occur for individual Goods. In addition to the price, the Online Store will indicate in detail the other costs of the concluded contract, including the cost of delivery to the Customer of the ordered goods and any commissions charged by third parties in connection with the form of payment chosen by the Customer.
  • 11 All information about the goods is provided by the Seller. Goods offered in the Store are the exclusive property of the Seller. The image of the Goods placed on the Store’s website is always consistent with the offered goods. The Seller is not a manufacturer of the Goods and does not conduct wholesale sales in the Store, and  a detailed description of the condition of the Goods is indicated each time in the information about the Goods, including its possible physical defects, defects and damages are indicated.
  • 12 Intellectual property law
  1. The Store is entitled to intellectual property rights to items related to the Store’s operations. The intellectual property of the Store includes, in particular, copyrights to: the logo and trademarks of the Seller BagManiacs , the design of the Store’s website, software, photographs depicting the Goods, and  texts placed on the website. Software and databases are also subject to protection and belong to the Seller or entities with which the Seller has entered into relevant agreements.
  2. Use of the Store’s intellectual property without the Store’s permission is prohibited.
  • 13. the store takes technical and organizational measures to protect customers’ personal data
  • 14 The Store uses cookies. Cookies used by the Store are used to use certain functions of the Store’s website, such as logging in or collecting statistics on user behavior. The customer may restrict or block the use of cookies in the settings of their web browser.

 

 

CHAPTER IV PLACING  AND FULFILLING ORDERS

  • 15 Ordering :
  1. Orders for Goods are placed through the Order Form, available on the Store’s website.
  2. Placing an order is done by logging on to the Store’s website, adding Goods to the shopping cart, confirming the will to place an order and paying for it correctly.
  3. Placing an order via the Order Form is possible 7 days  a week. Orders placed on weekdays are fulfilled no later than the next working day, orders placed on Friday after 12 noon and  on Saturdays, Sundays and holidays are realized  no earlier than the next working day.
  4. The order placed by the Customer constitutes the Customer’s offer to the Seller to conclude a sales contract, in accordance with the content of the Regulations.
  5. After placing  an order, the Client immediately receives confirmation of the Seller’s acceptance of his offer by e-mail (Confirmation of Acceptance of Order for Execution), to the e-mail address indicated by the Client, together with the information referred to in Article 12 of the Act of May 30, 2014 on Consumer Rights,  which constitutes Annex No. 1 to these Regulations and an instruction on the possibility  to withdraw from the contract which constitutes  Annex No. 2 to these Regulations. Upon receipt of the aforementioned confirmation and posting of  payment on the Seller’s account, the contract of sale of the Goods ordered by the Customer is concluded
  6. The customer is entitled  to resign  from the order before receiving from the Seller confirmation of acceptance of the order for execution. The statement of intent to cancel the order, should be sent to the Seller by e-mail to the address:                      bagmaniacs@bagmaniacs.com     
  7. If the data provided by the Customer is incomplete, the Seller will attempt to contact the Customer using the e-mail address and telephone number provided by the Customer in the Order Form If contact with the Customer is not possible, the Seller is entitled to cancel the order.
  8. All prices of goods posted on the Store’s website are given in Polish zloty and EURO.  In addition to the price of goods on the website at  will be indicated: the cost of delivery of goods, fees, commissions associated with the choice  by the Client of the form of payment.
  9. The default setting of the Store, if the Customer does not indicate the currency, is Polish zloty (PLN). If the Customer browses the Store’s website from a device located outside the Republic of Poland, the default currency setting is Euro (EUR), unless the settings or characteristics of the Customer’s device, software or network affect the Store’s reading of the device’s location.
  10. The Sales Price of the Goods  is  the gross price, i.e. including the value added tax (VAT) calculated in accordance with the Polish law.
  11. The price quoted with each item, together with the additional costs indicated in item. 8 is binding from the moment of submission and correct posting of payment.
  12. The customer has the right to pay for the ordered Goods by electronic payment carried out at a settlement service. Settlement of transactions by credit card and e-transfer is carried out through the TPay or PayPal settlement center or Przelewy24
  13. If within 48 hours of placing an order, the Seller does not receive confirmation of the posted payment from the operator TPay or PayPal, Przelewy 24 , or via traditional transfer,  order will be canceled
  14. The Seller shall have the right to change the prices of the Goods, conduct promotional actions and sales or make changes in them. The above right shall not affect the prices of Goods in orders placed before the effective date of the price change, or before orders placed before promotional actions or sales.
  15. The lead time of the order is from 1 to 5 working days, unless otherwise stipulated with the goods, and depends, among other things, on the method selected by the Customer.
  16. The cost of shipping the Goods shall be borne by the Customer The amount of shipping costs and fees and commissions associated with the selected form of payment will be informed to the Customer during the ordering process.
  17. Goods are delivered to the indicated address in the Republic of Poland and selected countries of the European Union through shipping companies – only by courier . The expected time of delivery of the goods by the carrier is 1 working day from the day following the shipment, not exceeding 3 working days. This period may be subject to change due to circumstances on the part of the carrier, over which the Seller has no control.
  18. The customer, receiving the shipment with the order, should check the condition of the package. In case of damage or violation of packaging, a damage protocol should be drawn up in the presence of the courier, which, together with a possible complaint, should be immediately sent to the Seller
  19. The maximum lead time is working days, after which the customer is entitled to cancel the order by sending a statement to the Seller via e-mail.
  20. Orders are processed in the order in which they are received.
  21. A proof of purchase is issued for each executed order and is sent by email to the address indicated in the order Together with it, the information referred to in Article 12 of the Act of May 30, 2014 on consumer rights is transmitted in case the Customer has not consented to its delivery using the email address  indicated by the Customer.

CHAPTER V RESPONSIBILITIES OF CUSTOMERS

  • 16. the customer shall be obliged to
  1. use the services offered by the Seller in a manner that does not cause interference with the functioning of the Online Store, in particular by using certain legal software and equipment;
  2. not to take action to come into possession of classified information in the possession of the Seller;
  3. use of the services offered by the Seller in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Rules and Regulations, as well as with the customs accepted in a given field;
  4. use any content posted within the framework of the Online Store only for your own personal use, including the non-reproduction of materials contained on the website of the Seller’s Online Store
  • 17. the Seller is entitled to delete the Customer’s account in the Online Store in the following cases
  1. providing false data
  2. violation of the provisions of §15 of these Regulations
  3. Customer’s failure to collect the ordered Goods.
  4. A customer who has been deprived of the right to use the services of the Online Store may not re-register without the prior consent of the Seller.

CHAPTER VI WITHDRAWALWITHDRAWAL FROM THE CONTRACT

  • 18 Consumers have the right to withdraw from the concluded contract within 14 days without giving any reason. The term of withdrawal shall expire after 14 days from the day on which you took possession of the Goods or on which a third party other than the carrier and indicated by you took possession of the sold Goods.

To exercise your right of withdrawal, you must inform the Seller by  submitting a clear statement to the address:

BagManiacs Kamila Puzinowska , e-mail: cservice@bagmaniacs.com, or via snail mail to BagManiacs Kamila Puzinowska , Al. Zwycięstwa 58/1, 80-207 Gdansk

  • (19) You may also complete and submit a withdrawal form or any other unambiguous statement electronically on our website bagmaniacs.com If you use this option, we will promptly send you an acknowledgement of receipt of your withdrawal notice on a durable medium (for example, by e-mail).

You can use the model withdrawal form, but it is not mandatory.

  • 20.In order to comply with the deadline for withdrawal, it is sufficient for the customer to send information on the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
  • 21 For the exercise of the right of withdrawal it is necessary that on the Goods are still intact, undamaged put on by the Seller , two security clips, which are marked with the number of the Goods and certifies that the Goods were sold by the Store. The Goods must also be accompanied by all accessories indicated in the order of goods” original packaging, accessories , authenticity cards , sent receipts
  • (22) The right of withdrawal shall apply only to persons who are Consumers. A Consumer is a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.

Effects of withdrawal from the contract

  • 23. in the event of withdrawal from this contract, we will return to you the full payment for the purchased goods (except for the cost of shipping the Goods from the Store to you), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will return the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return.
  • (24) If you withdraw from this contract, the timing of crediting your account may be affected by the processing of payments by banks, credit card and payment service providers or other entities involved in the transfer of funds. The payment processing period does not depend on the Seller and the Seller is not responsible for it.
  • 24 . Return of the Goods should be made no later than 14 days from the date of informing the Seller about exercising the right of withdrawal The Goods returned by the Customer should be packed in an appropriate manner, ensuring no damage during transport, if possible, the Goods should be packed in the original packaging. The Goods should be returned with complete equipment and accessories, as well as the documents issued at the time of its sale to the Seller on withdrawal from the Contract. The deadline is met if the Customer sends back the Goods before the expiration of the 14-day period. Returns of Goods after 14 days will not be considered.
  • 25. all costs associated with the return of the Goods , (shipping packaging) shall be borne in full by the Buyer
  • 26.. Store in the case of withdrawal from the contract withholds  the return of payment until it receives the Goods
  • (27) The initiation of the refund of payments is subject to the Store’s determination that the returned Goods comply with the prerequisites provided by the relevant regulations, in particular that the item is intact, unused, not repaired, and has intact, undamaged, security clips put on by the Store which are marked with the numbers of the Goods and certify that the Goods were sold by the Store, and that the Goods will be returned with all accessories.

Removal or destruction of the security clips will result in refusal of payment  and return of the Goods to the Buyer.

  • 28.Model form of withdrawal from the contract is attached as Appendix No. 2 to the contract
  • 29 Disclaimer
  1. With regard to entities that are not Consumers, the Parties exclude the Store’s liability for defects in the Goods on a warranty basis and liability for damages.
  2. With respect to entities that are not Consumers, the Parties exclude the Store’s liability for tort, unless the damage was caused by the willful misconduct of the Store or a person for whom the Store is responsible.
  3. With regard to entities that are not Consumers, the Parties exclude the liability of the Store for improper performance or non-performance of an obligation, unless the damage was caused by willful misconduct of the Store or a person for whom the Store is responsible.

 CHAPTER VII NEWSLETTER

  • 30th Newsletter
  1. The store provides the opportunity to receive the Newsletter, which is distributed by e-mail.
  2. Newsletter subscription requires entering an e-mail address in the appropriate field on the Store’s website and pressing the “Subscribe” button.
  3. Entering an email address combined with pressing the “Subscribe” button means that the person who provides the address:
  4. a) wants to receive the Newsletter and the commercial information contained therein,
  5. b) consents to the processing of his personal data in accordance with the Regulations.

CHAPTER : VIII  CO PROVISIONSŃESSENTIAL

  • 31 Contracts concluded through the Service Provider shall be concluded in the Polish language
  • (32) In matters not regulated in the Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services; to Users who are consumers – the provisions of the Act on Consumer Rights and other relevant provisions of universally applicable law.
  • 33.The user who is a Consumer has the opportunity to use out-of-court means of handling complaints and claims. 
  • 34.Detailed information on the possibility for the User who is a Consumer to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the headquarters and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and on the website of the Office of Competition and Consumer Protection(www.uokik.gov.pl). 
  • 35 You also have the right to seek resolution of any consumer dispute with us out of court through the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
  • 36.The Service Provider reserves the right to make changes to the Terms and Conditions in the event of:
  1. (a) changes in the object of the Service Provider’s business
  2. b) to make technical modifications to the Service, requiring adjustment of the provisions of the Terms of Service to them;
  3. (c) legal obligation to make changes, including the obligation to adapt the Regulations to the amended wording of generally applicable laws. 
  • 37.Customers will be informed of changes to the Rules and Regulations by publishing the amended version on the Website at least 14 days before the effective date of the changes. On the same date, the amended version of the Rules and Regulations will be emailed to registered Users.
  • 38. to Agreements for the provision of Electronic Services and Sales Agreements concluded before the effective date of the new Regulations, the provisions of the Regulations in the wording in force at the time of their conclusion shall apply. 
  • 39 A registered user who does not agree to the amendment of the Regulations may, by deleting the Account, terminate the Agreement for the provision of Account services with immediate effect until the effective date of the amendments to the Regulations. Failure to terminate shall be deemed as consent to the Provider’s provision of electronic services in accordance with the new provisions of the Regulations.  
  • 40 Governing law and court of competent jurisdiction and validity of the Regulations

1.The applicable law is Polish law.

  1. The only competent court is the Polish court with jurisdiction over the Seller’s registered office

3.Regulations in the current version are effective from November 1, 2024.

APPENDIXAPPENDIX NO. 1

ÒINFORMATION ABOUT WHICHÓREFERRED TO IN ART. 12 OF THE ACT OF MAY 30, 2014 ON CONSUMER RIGHTS

 Goods offered at BagManiacs are new or used, are the exclusive property of Bagmaniacs Kamila Puzinowska and may be legally sold in the territory of the Republic of Poland and the European Union.

  1. Seller – BagManiacs Kamila Puzinowska , 78-300 Świdwin, ul.Cicha 8, Zachodniopomorskie , Poland with NIP number 672-210-91-00, REGON number 529369632, delivery address:78-300 Świdwin, ul.Cicha 8, woj Zachodniopomorskie , Poland, address  email:bagmaniacs2bagmaniacs.com
  2. Address of the sales office and the proper address for submitting a withdrawal BagManiacs Kamila Puzinowska, Aleja Zwycięstwa 58/1, 80-207 Gdańsk
  3. The products are delivered to the indicated address within the European Union via a shipping company selected by the Seller. The expected delivery time of the goods by the carrier is 1 working day from the day following the shipment in Poland. This deadline may be subject to change due to circumstances on the part of the carrier beyond the Seller’s control and in the case of international shipments.
  4. The method and time limit for exercising the right of withdrawal, the cost of returning the item in case of withdrawal from the contract and the obligation of the Client to pay the reasonable costs incurred by the Seller, in case of withdrawal from the contract the Client will be informed by the Seller of the reasonable costs, in case of withdrawal from the contract the Client will be informed by the MODEL NOTICE OF WITHDRAWAL from the contract attached as Appendix No. 2 to the Regulations.
  5. The customer is not entitled to withdraw from the contract in the cases specified in detail in Article 38 paragraph 1 of the Law of May 30, 2014. On consumer rights, inter alia, with respect to contracts: for the provision of services, if the Seller has performed the service in full with the express consent of the Client, who was informed before the start of the service, that after the fulfillment of the service by the Seller, he will lose the right to withdraw from the contract, in which the subject of the service is a non-refabricated thing, produced to the Client’s specification or serving to meet his individualized needs; in which the subject of the service are things that after delivery, due to their nature, are inseparably combined with other things.
  6. The Seller as a seller shall be liable to the Customer for non-compliance with the contract of sale of the Goods purchased by this Customer, to the extent specified in the provisions of the Civil Code, and undertakes to deliver Goods without defects.

ANNEX 2 TO THE AGREEMENT;

 MODEL DECLARATION  ON WITHDRAWAL FROM THE CONTRACT

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item.

In order to exercise your right to withdraw from the contract, you must inform us (BagManiacs Kamila Puzinowska , 78-300 Świdwin, ul.Cicha 8,  woj. Zachodniopomorskie , Poland with NIP number 672-210-91-00, REGON 529369632, delivery address :78-300 Świdwin, ul.Cicha 8, woj Zachodniopomorskie , Poland, address  email:bagmaniacs2bagmaniacs.com, tel: 668972456) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail). You may use the model withdrawal form, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send information on the exercise of your right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal from the contract

In the event of withdrawal from this contract, we will return to you all payments received from you, except for the costs  of delivering the  item to us. immediately, and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.

– The possibility to return goods without stating a reason does not apply to goods imported on the customer’s individual order. 

– Return of goods is possible for products that are unused, undamaged and in their original packaging. Returned goods must be complete. Use/exploitation, damage to the goods or original packaging reduces the value of the goods which may be claimed by the Seller in compensation when returning the goods.  

– We recommend the use of additional packaging for shipping, so that the original packaging does not bear any signs of damage, nor any signs of packing tape, stickers, etc.   

– Merchandise secured  cannot be returned after removing  or  destroying the security clips , or  returning goods without authenticity cards and original accessories (boxes, belts, keys)

– The parcel with the returned goods must be accompanied by the original proof of purchase.   

– If the returned goods, inspected by us, meet the requirements for returned goods, we will refund the customer by wire transfer to the designated account. 

– We do not  cover the shipping costs incurred by the customer on returns. When withdrawing from the contract, the Customer sends back the goods at his own expense. We will refund the cost of the original shipment to the Customer in the amount of the cheapest ordinary shipping method listed in our offer. When returning  purchased goods, we do not refund the cost of the original shipment.   

  • We also do not accept any COD shipments. 
  • WZÓR FORM ODSTĄWITHDRAWAL FROM THE AGREEMENT

(This form must be completed and returned only if you wish to withdraw from the contract)

– Addressee : BagManiacs Kamila Puzinowska , Aleja Zwycięstwa 58/1 , 80-207 Gdańsk,email:bagmaniacs@bagmaniacs.com, tel. 668972456

 I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*).

– Date of contract(*)/acceptance(*)

– Name of consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper) – Date