§ General provisions
These Regulations of the Beforya Online Store (hereinafter referred to as the "Regulations") set out the rules for making purchases as part of the online store available in the domain beforya.com (hereinafter referred to as "Beforya.com") and for providing electronic services in the field of maintaining the account referred to in the article 2 point 5.
The seller is Pio-Mar, a business with headquarters in Świdnica (58-100) at ul. Circular 23/6, having
NIP (Tax Identification Number): 8841737542
VAT: PL 8841737543
VAT: DE 318576519
VAT: GB 299 175 643
REGON - 89065709
To use Beforya.com you need a device with Internet access equipped with a standard operating system and a standard web browser.
§Customers and registration
Beforya.com customers (hereinafter referred to as "Customers") may be persons who are at least 16 years old and have the capacity to perform legal transactions to the extent enabling them to make a specific purchase effectively.
In order to make it easier to use beforya.pl, the Customer can register (create an account) by filling out the electronic form available at Beforya.com, providing his email address and password, name, surname, address and mobile phone number. Creating and using an account is free. A customer does not need to set up an account to make a purchase.
As a result of correctly completed registration, the Customer receives access to the account created for him, which he can use under Beforya.com after providing the email address and password reported during registration (logging in).
The contract for the provision of electronic services in the field of account maintenance is concluded between the Customer and the Seller at the moment the Customer receives access to the account created for him.
The account contains the Customer's data provided by him in the registration form and the history of his purchases at Beforya.com. In the event of any changes to the data contained in the account, the Customer is obliged to immediately update them using the appropriate form available on the website Beforya.com. The customer is responsible for indicating incomplete, outdated or untrue data or the lack of relevant updates of their data.
The Customer may not provide access to the account to others, including the disclosure of the password used to access the Account. The Customer is obliged to keep the password to the Account secret and secure it against disclosure. The customer is obliged to immediately inform Beforya.com if the access data to the Account has been taken over by third parties and explain the circumstances of their takeover.
Customers who do not have a registered account when making purchases will be required to provide the delivery address, i.e. recipient's name, delivery address - in order to perform the sales contract, as well as e-mail address and mobile number - in order to contact regarding delivery.
If as part of the use of beforya.pl it is allowed to provide data of third parties other than the Customer (e.g. for recommendation purposes), the Customer shall enter such data only if the use of the third party's data is permitted by law (e.g. obtained from a person , whose data he introduces, the necessary consent for the use of his data in beforya.pl), and in the event of unauthorized transfer of the data in question, he bears all the responsibility associated with the transfer of data.
In the event of a breach of the Regulations, laws or decency by the Customer, the Seller may terminate the contract with the Customer or suspend its performance under a specific Account. In particular, this applies to the situation in which the Customer has downloaded or used to any extent available materials within Beforya.com without the consent of the Seller.
It is forbidden to aggregate and process data and other information available on Beforya.com in order to make them available to third parties as part of other websites as well as outside the Internet. It is also forbidden to use Beforya markings, including characteristic graphic elements, without the consent of the Seller or other entity authorized to grant such consent.
The account is maintained for the benefit of the Customer for an indefinite period. The Customer may at any time request the cessation of keeping an account for him through a statement submitted to the Seller via an appropriate electronic form available at Beforya.com. The customer may also demand that his account be discontinued in another way, provided that his identity as an account holder can be properly verified. Notwithstanding the foregoing, a Customer who has registered but has not made purchases or has not used the services provided electronically by the Seller under beforya.pl may withdraw from such a contract without giving a reason within 14 days from the date of registration.
Article §3. Shopping
As part of Beforya.com, information about products (hereinafter referred to as "Products") and terms of their purchase and delivery are published. For the avoidance of doubt, this information is not an offer, but only an invitation to submit offers with the content indicated in the Product information. On the other hand, the Customer's choice of Products and confirmation of the will to buy them constitutes an offer to conclude a purchase contract for the indicated Products (hereinafter referred to as the "Order").
The Seller reserves that the photos of Products are only examples and serve the presentation of the specific models indicated in them. Differences resulting from the individual settings of a computer or other device used by the Customer during shopping (color, size, proportions, etc.) cannot be the basis for a complaint of a Product.
The Customer selects Products by adding selected Products to the (virtual) basket. Placing Products in the basket does not involve their booking. If the quantity of Products available is exhausted before the Customer approves the Order, the Seller reserves that the Order will not be accepted for execution.
After selecting the Products, and before selecting the form of payment, the Customer is required to provide the full and correct shipping address and telephone number, which cannot be changed until delivery. Changing the delivery address is possible only in exceptional circumstances after agreeing with the Seller and before handing over the Products to the carrier for delivery.
After placing the Order by the Customer and choosing the payment method, the Customer receives from the Seller by e-mail confirmation of placing the Order. When the Order is accepted by the Seller, the Customer receives an appropriate message. Upon receipt of this message by the Customer, a sales contract is concluded between the Seller and the Customer. If only part of the Order has been confirmed, then only the confirmed Products are concluded. In the event that the Customer is not interested in concluding a contract for part of the Products, he may withdraw from the contract, but no later than within 14 days after the date of delivery of the purchased Products.
If the Seller cannot fulfill the service in whole or in part due to the fact that the Product is not available, or due to unforeseen circumstances it has not been delivered to the Seller or has been damaged or lost, then the Seller shall immediately notify the Customer and return the price received or will fulfill a substitute benefit of the same value as the price paid - according to the choice and with the consent of the Customer.
Article §4. payment
Payments are made by the Customer to the account number provided or using electronic payment methods provided by a specialized payment institution with which the Seller, for the convenience of Customers, has concluded a contract.
When choosing payment via payment cards with the function of online payments or bank transfers, the Customer is redirected to a website enabling electronic payment, e.g. the Customer's bank login page or the Card Authorization Center. If the payment for the Product is not made within 7 days of the Order, the Order placed by the Customer is canceled and the lack of payment is understood as the Customer's withdrawal from the sales contract.
The Product price given in the Product description includes taxes and all fees required by applicable law. The costs of transport and delivery of Products are covered by the seller.
The purchase of the Product is documented by issuing a receipt or VAT invoice. The customer agrees to receive electronically, to the e-mail address provided by him during Registration, an electronic image of billing documents, in particular such as: VAT invoices with attachments, including corrective VAT invoices.
The customer may use the discounts as described in Apart.pl. Accumulated rebates may be used by the Customer only to purchase Products that have not been excluded from being subject to given discounts or rebates. The discount value reduces the price the Customer pays for the Product. Discounts can be combined only if it is clearly described on them. Rebates are not transferable and are never converted into monetary amounts or other benefits.
Available payment methods:
* Visa Electron
* MasterCard Electronic
2. Refunds include if the payment was made using a payment card, it is made on
account of the card used for payment. In case of occurrence
the need to refund funds for the transaction made by the customer card
payment seller made a refund to the bank account assigned to
3. With card payments, the order is suspended until positive authorization is obtained. "The entity providing online payment service is Blue Media S.A
Article §5. Delivery of Products
The place of fulfillment of the performance of the contract of sale by the Seller is the place where the Product will be picked up (and in case of doubt, the place where the Product should be picked up as indicated by the Customer).
The shipping time of the ordered Products is indicated in the summary of the Order. The shipping time includes working days. If the Customer has purchased many Products under one Order, and these Products have a different shipping time, they will be delivered together after completing the whole, that is, the longest of the given shipping times of individual Products.
Deliveries of Products are made by specialized carriers, the list of which along with the regulations for the provision of services on which the carrier performs the delivery is available at beforya.pl. The Seller informs the Customer about which of the carriers will deliver the parcel with a link to track the stages of its delivery by e-mail.
The Customer is obliged to check the condition of the Product or, if it is difficult, the condition of the shipment (packaging) immediately after delivery in the presence of the courier. In the event of any damage that may occur during transport, the Customer should draw up a relevant report with the courier and immediately inform the Seller.
The Seller is not responsible for failure to deliver the Product for reasons attributable to the Customer - e.g. in connection with the indication of an incorrect or incomplete delivery address preventing delivery of the parcel. In such a situation, the Seller will notify the Customer of a failed attempt to deliver the Product.
Article §6. Personal data protection
The Seller is the administrator of personal data of Customers and persons indicated by the Customers.
Personal data is processed by the Seller in accordance with the law and only for purposes related to the activities of the Seller under Beforya.com, including for the conclusion and implementation of sales contracts (handling sales of Products, communication with customers and considering complaints), as well as archiving transactions.
Personal data is processed on the basis of:
a) the Customer's acceptance of the Regulations (in the course of creating an account or placing an Order),
b) the need to perform the contract for the Customer, or c) the legitimate interest of the Administrator (e.g. defense against claims or in the case of third parties' data provided by the Clients - indication of the address for delivery of another person).
Providing the Seller with personal data is voluntary, however, failure to provide specific personal data may be associated with difficulties or inability to conclude the sales contract, its effective performance or ensuring proper after-sales service.
The recipient of personal data is a person acting for the benefit of business, responsible for the processing and implementation of orders placed by customers, as well as after-sales service (e.g. settlement of complaints, recording purchases for the purposes of the loyalty program) and entities providing services to the Seller related to the implementation orders (e.g. postal or courier companies). Recipients may also be entities authorized to receive data under applicable law, including relevant judicial authorities.
Personal data may be transferred to third countries (outside the countries belonging to the European Union) in connection with the delivery of Products ordered by the Seller.
Personal data is stored for the period necessary to process orders or maintain a customer account at beforya.com. After this period, the data may be processed based on: the Seller's legal obligations (e.g. regarding the storage of accounting documents), or a legitimate interest (defense against claims that may be due to the Seller).
The seller provides persons whose personal data he processes, exercise the rights arising from legal provisions, including the right to access their own personal data, rectify, change, delete or transfer them, as well as the right to request restriction of personal data processing and to object to such processing on the principles set out in relevant regulations. In addition, in the case of voluntary consent to the processing of data, any person whose data is processed has the right to withdraw consent to the processing of data. Any person whose data is processed also has the right to lodge a complaint with the President of the Office for Personal Data Protection.
Personal data regarding Customers and other persons whose data has been reported by the Seller are protected by the Seller against their disclosure to unauthorized persons, as well as other cases of their disclosure or loss or unauthorized modification of the indicated data and information through the use of appropriate technical and organizational security.
Article §7. Complaint procedure
The Customer may file a complaint to the Seller, in particular in the event of non-compliance of the Product with the contract or defects of the Product, as well as if the actions of the Seller are carried out improperly or contrary to the provisions of the Regulations.
Complaints may be submitted electronically via the contact form located on the website Beforya.com or in the form of an electronic mail or in writing to the address of the Seller.
The complaint should include: name and surname, contact details (reported in Beforya.com), description of the transaction to which the complaint relates or other circumstances justifying the complaint, as well as a specific request of the Customer related to the complaint. If the complaint relates to the Product, the complaint must be submitted along with the complaint and confirmation of purchase.
If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller shall ask the Customer submitting the complaint to supplement it in the indicated scope.
The Seller recognizes the matter within 14 days from the date of receipt of a properly prepared complaint, and in the case of complaint about a purchased Product, within 14 days from the date of receipt of the Product together with the exact reason for the complaint. The customer will receive information on how to handle the complaint by electronic mail, to the address provided by him by registration or in writing. In the event of rejection of the complaint, the Seller shall notify the Customer thereof, giving the reasons for this decision.
When it is possible to replace or repair the Product, the Seller shall notify the Customer thereof and provide all information regarding the further course of proceedings. In the case of justification for a refund, the amount due for the Product purchased by the Customer will be refunded within 14 days after the Seller receives the return of this Product.
The Seller does not accept any parcels sent COD.
The Customer may appeal against the Seller's decision regarding the complaint to the Beforya.com Customer Service Department.
The price paid by the Customer is refunded in a similar way to the method of payment chosen by the Customer for the Product. If the Customer took advantage of the discount when purchasing the Product, the refund will be reduced by the value of the discount used. The customer will be able to take advantage of this discount in future purchases on the terms the customer was entitled to before the conclusion of the transaction in relation to which the price is refunded.
Article §8. Withdrawal from the contract
The Customer may withdraw from the sales contract without giving reasons within 30 days from the date of receipt of the Product. Withdrawal from the contract can be made using the contact form on the website Apart.pl or in writing. In the event that as part of one Order, the Customer has purchased more than one Product, the withdrawal may apply to all or only Products selected by the Customer, with the proviso that if the Product is sold as a set, set or package, withdrawal may be made in relation to this set, kit or package.
In the event of successful withdrawal from the sales contract, the contract is considered null and void in relation to the Product (set, kit or package) from which the Customer has withdrawn. The product should be sent in its original packaging, complete with accessories and equipment. The return should take place immediately, not later than within 14 days from the date of receipt of the Product. The cost of returning the Product to the Seller shall be borne by the Customer. In the event of successful withdrawal from the sales contract, the Seller shall refund the amount due for the Product paid by the Customer in a manner analogous to the method of payment chosen by the Customer for the Product. If the Customer has used the rebate while purchasing the Product, the reimbursement will be reduced by the value of the rebate used, which the Customer will be able to continue using on the terms assigned to the given rebate.
In the event of exceeding the deadlines for withdrawal from the contract set out in this article, the Seller will send the returned Product to the Customer at his expense. The Customer's failure to comply with the withdrawal procedure described above may result in a significant delay in completing the withdrawal procedure, and thus requesting the return of funds due to the Customer.
The right to withdraw from the contract is not entitled in the cases specified in art. 38 of the Act of 30 May 2014 on consumer rights, in particular in a situation where the subject of the service is an item created according to the Customer's specifications or serving to satisfy his individual needs (e.g. Products containing engraving ordered by the Customer).
Article §9. Final Provisions
In the event of changes to these Regulations, Beforya shall inform the Customers about it on the pages of Beforya.com. The Regulations enter into force on the day indicated in its amendment, not less than 7 days from the date of its announcement by the Seller, with the proviso that changes of a technical and information nature or which do not affect the deterioration of the situation of customers may occur within a shorter period. Customers who have placed an Order before the entry into force of the new Regulations, the existing Regulations shall apply.
It is forbidden for Customers to use graphic elements (including the "Beforya" logo), layout and composition of the Beforya.com website (so-called layout), graphic elements, as well as other intellectual property rights, without the express written consent of the Seller.
The law applicable to sales contracts between the Customer and the Seller under the conditions set out in the Regulations is Polish law. All disputes that arise over the application of these Regulations will be settled by the competent Polish common courts.