Terms of Use

Terms of Use of the Online Store of Zakłady Ceramiczne “BOLESŁAWIEC” Spółka z ograniczoną odpowiedzialnością with its registered office in Bolesławiec.

I. GENERAL PROVISIONS

1. These Terms of Use form an integral part of the sales contract for products sold by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu Spółka z ograniczoną odpowiedzialnością registered in the District Court for Wrocław-Fabryczna, 9th Commercial Division of the National Court Register under KRS No. 00001141136, NIP 6120003949, REGON 230198030, with registered office in Bolesławiec, Poland, at the following address: ul. Kościuszki 11, 59-700 Bolesławiec, via online store at www.zakladyboleslawiec.com. The Terms of Use specify the conditions of sales conducted by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o.
2. Sales shall take place via the Internet between the person placing an order at the zakladyboleslawiec.com online store, hereinafter referred to as the Customer, and Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o.
3. A Customer may be any natural person, legal person or organisational unit without legal personality, registered in the zakladyboleslawiec.com online store or shopping without registration. The term “Customer” found in these Terms of Use is a synonym.
4. Each Customer purchasing products sold by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. shall be obliged to read and accept the Terms of Use.

II. PRODUCT PORTFOLIO AND SALES

1. The product portfolio includes ceramic tableware and ceramic pots presented on the website of the online store.

2. Should the Customer be interested in products not included in the current portfolio available on the online store, they may place an individual order.

3. All prices of the products in the store are given in Polish zloty, in EURO and USD and include VAT (gross prices). The gross price of the product does not include the shipping cost.
4. The shipping cost is added to the price of the goods listed on the online store’s website.
5. The products sold in the store have the required certificates and permits allowing them to be marketed in Poland and other countries to which distribution is carried out. All products are first grade, in accordance with the classification rules adopted by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o.
6. All mentioned products and names are marked for identification purposes and are registered trademarks of Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o.
7. Online store orders can be placed via the website. To do so, register a user account at https://www.zakladyboleslawiec.com and accept the provisions of these Terms of Use. The Customer can also make purchases without registration.
8. A registered user can:
   • make purchases in the online store at www.zakladyboleslawiec.com;
   • receive individual discounts;
   • participate in promotional campaigns and competitions;
   • review products.
9. After registration, the Customer shall receive, to the e-mail address provided, a link to the website to activate the account and set an individual Customer password. Activation allows logging in to the system.
10. To complete the registration correctly, all fields of the registration form must be filled in with the data required to create a user account.
11. When registering a user account, the Customer:
    • consents to the inclusion of their contact details in the zakladyboleslawiec.com database and processing them in accordance with the Personal Data Protection Act of 29/09/1997 (Journal of Laws No. 133, item 883) and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
    • should accept the provisions of the Terms of Use of the zakladyboleslawiec.com online store;
    • may agree to receive information on promotional campaigns and new products.
12. All information on the method of processing of personal data and the the Customer’s rights related thereto have been included in the Privacy Policy constituting a separate document available on the store’s website.

III. AMENDMENTS TO THE TERMS OF USE

1. The user shall be informed of any amendments to these Terms of Use when first time logging in after the changes have come into force. Acceptance of amendments to the Terms of Use shall take place by confirming/clicking the message on the login page of the zakladyboleslawiec.com website. Refusal to accept amendments to the Terms of Use is tantamount to de-registration from the zakladyboleslawiec.com website, with the reservation that the Customer participates in transactions initiated before the termination of the contract on the basis of the Terms of Use in force on the date of their initiation. Amendments to the Terms of Use shall not affect the acquired rights of persons using the zakladyboleslawiec.com website. Refusal to accept the Terms of Use is tantamount to the lack of possibility to use the online store, also in a situation when the Customer makes a purchase without registration.
2. Amendments to the Terms of Use shall come into force no less than 7 days after the amended Terms of Use have been published on the www.zakladyboleslawiec.com website, with the reservation that transactions initiated prior to the entry into force of these amendments are carried out in accordance with the existing rules.

IV. PURCHASE OF PRODUCTS

1. To purchase products in the zakladyboleslawiec.com online store, click on the selected product and place the order.
2. The validity period for placed orders is 3 days. If there is no contact with the Customer after this period, the order is automatically cancelled.
3. Confirmation of the conclusion of the contract shall be sent to the Customer at the e-mail address indicated by the Customer when providing their details.
4. The requirement to register and use an account shall not apply to Customers using the Online Store as “guest – shopping without registration”. In this case, before placing an order, the Customer is obliged to fill in a relevant electronic form (available in the online store) by entering the required data necessary for identification and the conclusion and performance of the Sales Contract, i.e.: Customer’s full name, electronic mail address (e-mail) and telephone number as well as the address for delivery of goods. The Customer should accept the following the content of the Terms of Use (by ticking the appropriate check boxes in the electronic form to be filled in). It is the Customer’s responsibility to provide details required for identification.
5. Each time the Customer fills in an electronic form which allows for placing an order as a “guest – shopping without registration” it is tantamount to concluding a new Sales Contract between the Customer and Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. Such Contract expires and ceases to be binding between the parties:
   1. when the order has been cancelled;
   2. for other reasons provided for by law or in the event that data entered by the Customer prevent the execution of the Sales Contract.

V. ORDERING

1. The order is placed by filling in the order form after clicking the “Shopping cart” icon. An order is considered placed if the Customer has accepted it by pressing the buttons “I understand and accept the store’s Terms of Use” and "Placing an order creates an obligation to pay”.
2. Each order is confirmed by sending a confirmation message to the e-mail address provided by the Customer when placing the order. Confirmation means that the order has been received and accepted for execution within the deadlines set out in item 9 of these Terms of Use. Confirmation shall take place electronically.

VI. PAYMENT METHODS

1. The Customer chooses one of the following payment methods:

1. 1. 1. Cash on delivery - the amount due for the goods and shipment is collected in full by the courier upon delivery of the parcel to the address indicated by the Customer.
      2. By bank transfer - the Customer prepays the amount corresponding to the order value to the account of Zakłady Ceramiczne “BOLESŁAWIEC” in Bolesławiec Spółka z ograniczoną odpowiedzialnością. If this method of payment is selected, a payment proof copy should be sent immediately to the following e-mail address of the store at box@zakladyboleslawiec.com. Once payment is confirmed, the order shall be forwarded to processing. The bank account numbers for payment by bank transfer are as follows:
         1. for payments in PLN: 25 2490 0005 0000 4600 3435 1750
         2. for payments in EUR: 44 2490 0005 0000 4600 2356 6948
         3. for payments in USD: 32 2490 0005 0000 4600 1956 5235
                         NR SWIFT: ALBPPLPW
      3. By credit card upon card authorisation - the Customer pays for the goods and shipping with a credit card accepted by PayPal before the goods are shipped.
      4. Online bank transfer through the e-Service and T-Pay.pl site which enables authorisation of the transaction - the Customer is obliged to include the transaction ID in the title of the online bank transfer made to the bank account of the T-Pay.pl site. The Customer must retain a unique transaction ID for the purpose of monitoring the status of this payment.

2. Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu Sp. z o.o. reserves the right to temporarily limit or exclude particular payment methods.

VII. DELIVERY TERMS – COURIER COMPANIES

1. The delivery cost is determined automatically and depends on the weight, value, volume and number of parcels sent.
2. The Customer chooses one of the available shipping methods:
   • UPS courier
3. The delivery time in Poland is 1 to 3 business days after handing the parcel over to the courier company.
4. Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu Sp. z o. o. reserves the right to temporarily limit or exclude particular shipping methods.
5. The time stipulated in item 9 of these Terms of Use must be added to the order lead time.
6. Upon receipt of the goods, the Customer shall assume all risks associated with possession and use of the goods, in particular the risk of loss or damage. When receiving the goods, the Customer should check whether the consignment has not been damaged during transport, and if it has, a complaint report should be drawn up in the courier’s presence.
7. In the event of discovering any damage to the product which may be related to delivery, in order to facilitate the complaint procedure, the complaint notification should be sent within 24 hours of receipt of consignment, electronically to the following address: box@zakladyboleslawiec.com (complaint notification regarding goods purchased online) and within 7 days directly to the courier company.
8. In case of one order consisting of many products which differ in the manner of their packing, in particular due to size or differences in the order lead time, Zakłady Ceramiczne “BOLESŁAWIEC” may divide the order into smaller shipments. In this situation, the cost of delivery presented to the Customer in the order summary does not change, but shall be distributed among individual shipments. If a part of the order is cancelled, regardless of the reason, only those delivery costs which were attributed to the cancelled part of the order shall be adjusted and reimbursed.
9. Waybills are automatically generated with the Customer’s details, as the relevant address details, indicated when placing the order. Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. shall not be liable for parcels sent to incorrect Customer details indicated by the Customer during registration. The cost of returning the parcel shall be borne by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o.
10. The Customer shall bear the direct costs of shipping the goods, in particular the customs duties and taxes related to shipping, including the costs of returning the goods in the event of withdrawal from the contract, subject to Article 32(1) of the Consumer Rights Act of 30 May 2014.

VIII. PACKING

1. Ceramic products are packed in cardboard boxes. The goods are packed in PP foam which guarantees safe delivery of undamaged ceramic products to the place of destination.
2. For safety reasons, the maximum weight of a domestic shipment cannot exceed 20 kg, while foreign shipments must not exceed 15 kg. If the weight of the ordered goods is higher, the shipment is divided so that the weight of each domestic parcel does not exceed 20 kg, and the weight of each foreign parcel does not exceed 15 kg.
3. The goods shall be sent to the address provided in the personal data form.
4. Parcels sent from the store are covered with cobalt-coloured company tape and marked with a sticker with contact details of Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o.

IX. ORDER LEAD TIME

1. Order lead time consists of:
   • picking;
   • packing and preparing the parcel for dispatch;
   • delivery time by courier company.

2. The shop dispatches orders within 5 business days from the confirmation* of the order, excluding the courier delivery time. Order confirmation is based on receiving the full payment amount.

   *Order confirmation means that the full amount due for the order has been credited to the shop's account. Only once payment is registered is the order considered confirmed and passed on for processing. Before that, the shop does not proceed with any steps related to the preparation and dispatch of the order.

3. During promotional campaigns and when large numbers of orders are placed by Customers, lead times may extend to 15 business days.
4. When the goods are not in stock, lead time may be extended to 30 business days.

X. INVOICE

1. The Customer receives a VAT invoice specifying in separate items the price of the products, the shipping cost and VAT due.
2. Each transaction made in the online store is processed as fiscal receipt in accordance with Article 111 of the Value Added Tax Act (consolidated text: Journal of Laws 2011, No. 177, item 1054).
3. By accepting these Terms of Use, the Customer purchasing the products from the range agrees to Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. issuing and sending VAT invoices in electronic form in accordance with the Regulation of the Minister of Finance of 14 July 2005 on issuing and sending invoices in electronic form as well as storing and making these invoices available to the tax authority or tax inspection authority (Journal of Laws of 2005, No. 133, item 1119) and the principles of electronic invoice issuing, sending and storing. Consent to receive invoices in electronic form shall be tantamount to resigning from receiving printed invoices.
4. The Customer may withdraw their consent to receive invoices in electronic form by sending a scan of the signed declaration as set out in Appendix No. 1 to the following e-mail address: box@zakladyboleslawiec.com
5. The Customer’s consent does not exclude the right of Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. to issue and send invoices in printed form.
6. Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. shall issue and send invoices in electronic form, guaranteeing the authenticity of their origin and the integrity of their content.
7. Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. shall not be liable for incorrect Customer details indicated by the Customer during registration as appropriate for issuing a VAT invoice.
8. Each invoice in electronic form shall be delivered to the Customer via e-mail to the address provided by the Customer in the registration form. A change of the Customer’s e-mail address shall require notification of Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. in written or electronic form. If the Customer fails to notify Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. of a change of e-mail address, the messages sent to the previous e-mail address shall be deemed to have been properly delivered.

XI. CONTRACT WITHDRAWAL AND RETURN OF GOODS

1. Pursuant to Article 27 of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2019, item 134), the consumer who has concluded a remote contract may return the items within 14 days, without giving any reason and without bearing any costs, except for the costs of returning the goods.
2. The term for contract withdrawal shall run:
   1. for a contract in the performance of which the entrepreneur delivers the goods, being obliged to transfer the ownership thereof, from the time when the consumer or a third party indicated by the consumer other than the carrier takes possession of the goods and, in the case of a contract which:
      includes multiple items delivered separately, in batches or in parts, from taking possession of the last item, batch or part;
      consists in the regular delivery of goods during a defined period of time, from taking possession of the first item;
   2. for other contracts, from the day of contract conclusion.
3. To exercise the withdrawal right, the Customer shall be obliged to inform Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu Spółka z o.o. ul. Kościuszki 11, 59-700 Bolesławiec, e-mail: box@zakladyboleslawiec.com of their decision to withdraw from this contract by an unequivocal declaration (letter sent by post or e-mail - Appendix No. 2).
4. Withdrawal from the contract and return of the goods in the case of a buyer who is neither a consumer nor an entity referred to in Article 7aa of the Consumer Rights Act of 30 May 2014 with wording in force as of 1/01/2023, shall only be possible if the goods do not bear traces of use or have not been in any manner damaged or destroyed. The goods to be returned must obligatorily have the original tags and labels of the manufacturer.
5. The consumer shall be entitled to withdraw unconditionally from the contract within 14 days, as referred to in section 1, provided that the consumer is liable for any diminished value of the goods resulting from the use of the item in a manner which goes beyond what is necessary to establish the nature, features and functioning of the item.
6. In the event of withdrawal from the contract, Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. shall return to the Customer all payments received from the Customer, including the delivery costs (with the exception of additional costs resulting from the shipping method chosen by the Customer other than the least expensive standard method of delivery provided by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o.), immediately, and in any case not later than within 14 days from the date on which the Customer has notified Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. of the decision to exercise the right of withdrawal from the contract. Reimbursement shall be made using the same payment method as the one used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution which does not involve them bearing any costs.
7. The goods to be returned should be sent back at own expense together with the received VAT invoice to the following address: Zakłady Ceramiczne “BOLESŁAWIEC”, ul. Kościuszki 11, 59-700 Bolesławiec, with a note reading “ONLINE STORE - RETURN”, immediately, and in any case not later than 14 days from the day on which the Customer has withdrawn from the contract.
8. If the Customer has chosen a delivery method other than the least expensive standard method of delivery provided by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o., Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. shall not be obliged to reimburse the Customer for the additional costs incurred by them.
9. The Customer shall be obliged to bear the direct costs of returning the goods, in particular customs duties and taxes related to the return of goods.

XII. COMPLAINTS BY CONSUMERS AND ENTITIES REFERRED TO IN ARTICLE 7aa of the Consumer Rights Act of 30 May 2014 with wording in force as of 1/01/2023

1. Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. shall be liable for the non-conformity of the goods with the contract, existing at the moment of their delivery and revealed within two years from that event.
2. The goods shall be in conformity with the contract if, in particular, the following of their components remain in conformity with the contract:
1. description, type, quantity, quality, completeness and functionality and, for goods with digital elements, also compatibility, interoperability and availability of updates;
2. fitness for the particular purpose for which the consumer requires them, which the consumer has made known to the trader at the latest at the time of conclusion of the contract and which the trader has accepted.
3. The following form constituting Appendix No. 3 to these Terms of Use may be used when submitting a complaint. Complaints relating to defects of the goods must be lodged immediately after discovering the defects to the following address: Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu Spółka z o.o., ul. Kościuszki 11, 59-700 Bolesławiec, with a note reading “ONLINE STORE” or electronically to the following address: box@zakladyboleslawiec.com.
4. To facilitate the complaint procedure, the Customer who makes a complaint about a product purchased and delivered via the Internet is recommended to send the product directly to the address of Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o., i.e. Cieszkowskiego 17, 59-700 Bolesławiec.
5. If the goods are not in conformity with the contract, the consumer may request their repair or replacement. The seller may carry out a replacement when the consumer requests a repair, or the seller may carry out a repair when the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would result in excessive costs for the seller.
6. The consumer shall be entitled to make a price reduction declaration or to withdraw from the contract in the event of a refusal to repair or replace the goods in accordance with the consumer’s request for reasons set out in the preceding section.
7. The consumer shall also be entitled to make a price reduction declaration or withdraw from the contract when:
   1. the trader has failed to bring the goods into conformity with the contract in accordance with Article 43d(4) to (6) of the Consumer Rights Act of 30 May 2014 with wording in force as of 1/01/2023;
   2. the lack of conformity of the goods with the contract continues despite the fact that the trader has tried to bring the goods into conformity with the contract;
   3. the lack of conformity of the goods with the contract is significant to such an extent that it justifies either a price reduction or withdrawal from the contract without first making use of the safeguard measures set out in Article 43d of the Consumer Rights Act of 30 May 2014 with wording in force as of 1/01/2023.
   4. it is clear from the trader’s statement or the circumstances that it shall not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.
8. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. The lack of conformity of the goods with the contract is presumed to be significant.
9. If the lack of conformity concerns only some of the goods delivered under the contract, the consumer may withdraw from the contract only in respect of those goods and also in respect of other goods purchased by the consumer together with the goods not in conformity with the contract, if the consumer cannot reasonably be expected to agree to keep only the goods which are in conformity with the contract.
10. The consumer shall immediately return the goods to the trader at the trader’s expense in the event of withdrawal from the contract. The trader shall reimburse the price to the consumer immediately, but no later than within 14 days of receipt of the goods or proof of their return.
11. The trader shall reimburse to the consumer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the consumer’s price reduction declaration.
12. The costs of collection of goods not in conformity with the contract and shipment of goods repaired or replaced under the complaint procedure shall be borne by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o.
13. The Customer shall have the option to use out-of-court methods for complaint handling and asserting claims, pursuant to the Act of 23 September 2016 on Out-of-court Resolution of Consumer Disputes (Journal of Laws of 2016, item 1823).

XIII. TRADER COMPLAINTS

1. In the event of sale of goods in trade between entrepreneurs pursuant to Article 558 § 1 of the Civil Code, the parties exclude the liability of the seller under statutory warranty for defects in items, in particular they agree that they shall not be liable also for latent defects of the sales subject, with the exception of maliciously concealed defects.

XIV. NEWSLETTER

1. The Customer may agree to receive the Newsletter published by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. The Newsletter shall only be sent to Customers who have subscribed to the Newsletter by ticking the appropriate box in the registration form or order form and have agreed to receive commercial information at the specified e-mail address, within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2020, item 344).
2. Information which is personalised and tailored to the Customer’s individual needs is sent in the form of an e-mail to the e-mail address provided by the Customer as part of the Newsletter service. The newsletter contains, in particular, information about the range of goods sold by Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o., new collections, current promotional campaigns and other information about the goods in the range of Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. The Newsletter is sent free of charge.
3. The Customer may at any time, without giving reasons and without incurring costs, change the indicated e-mail address to which the Newsletter is sent, or resign from receiving the Newsletter by pressing the link found in the footer of each Newsletter, typing their e-mail address in the appropriate field and clicking the “Unsubscribe” button.

XV. FINAL PROVISIONS

1. Possible disputes arising from a sales contract concluded via the www.zakladyboleslawiec.com online store shall be considered by common courts with jurisdiction over the registered office of Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o., with the exception of disputes with a person who is a consumer within the meaning of Article 22 [1] of the Civil Code and a natural person who concludes a contract directly related to their business activity, when the content of such a contract indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Registration and Information on Business. Such disputes shall be submitted to the competent court in accordance with the provisions of the Civil Procedure Code.
2. Zakłady Ceramiczne “BOLESŁAWIEC” w Bolesławcu sp. z o.o. reserves the right to change the range of goods available at the store.
3. These Terms of Use shall come into force on: the date specified in item 3 section 2 (at least 7 days after the Terms of Use have been posted on the website)

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