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Terms & Conditions

TERMS AND CONDITIONS OF THE BRANIKDELIGHT.COM 

DEFINITIONS

Terms used in these Terms and Conditions:

  1. "Terms and Conditions" - means this document defining the rights and obligations of the Service Provider and Customers.
  2. "Service Provider" - means Agata Knorowska running a business under the name MIĘTA MORRIS Architektura Wnętrz Agata Knorowska, address of the permanent place of business: ul. Stradomska 43, 04-619 Warsaw (Poland), tax identification number: 951-206-19-66, REGON number: 146196872.
  3. "Website" - all functionalities made available by the Service Provider at www.branikdelight.com, being the property of the Service Provider and enabling the Customer to place orders for goods.
  4. "Customer" - means a natural person, legal person or organizational unit without legal personality, but having legal capacity, which places an Order in the Online Shop or uses other services on the Website.
  5. "Consumer" - means a Customer who is a natural person and performs a legal transaction with the Service Provider (who is an entrepreneur) not directly related to their business or professional activity.
  6. "Online Shop" - means the functionality of the Website through which the Service Provider sells goods, located at www.branikdelight.com.
  7. "Newsletter" - means commercial information made available by the Service Provider via the Website, intended directly or indirectly to promote the goods or image of the Service Provider or other entities cooperating with the Service Provider.
  8. "Privacy Policy" - means the privacy policy of the website available at http://branikdelight.com/strona/polityka-prywatnosci, specifying the scope and method of processing personal data of Customers and Website users, constituting an integral part of these Terms and Conditions.
  9. "Order" - means the Customer's declaration of will submitted via the Online Shop, using the order form, aimed at concluding a contract for the sale of goods with the Seller, specifying in particular its conditions, as well as the type and quantity of goods, method and cost of delivery, payment method and the necessary Customer's data to perform the contract.
  10. "Deliverer" - means a courier company.

INTRODUCTION

  1. The Terms and Conditions define the conditions for the functioning of the Website and the Online Shop, the rights and obligations of the Customers, as well as the rights, obligations and responsibilities of the Service Provider as the entity managing and running the Website and the Online Shop.
  2. The Terms and Conditions apply to Orders carried out within the territory of the Member States of the European Union.
  3. Before placing the Order, each Customer is obliged to read the content of these Terms and Conditions and may take further steps only after accepting all its provisions.
  4. The Service Provider reserves the right to limit access to selected goods offered via the Website and the Online Shop only to adults. Information about the restriction will be each time posted on the Website or the Online Shop by the Service Provider.
  5. Exclusive rights to the content made available on the Website or the Online Shop, in particular copyrights, signs and trademarks of the Service Provider, any word or graphic elements of the Website and other intellectual property rights are legally protected and are vested in the Service Provider or entities with which the Service Provider has concluded appropriate agreements.
  6. The Service Provider undertakes actions to ensure that the Website and the Online Shop function properly, to the extent that results from the current technical knowledge and undertakes to remedy any irregularities reported by Customers within a reasonable time.
  7. Customers, using the Website and the Online Shop, are not entitled to any interference with their digital content, structure, form, graphics, mechanism of operation. It is forbidden for the Customers to provide illegal content and to use the Website and the Online Shop or free services provided by the Service Provider in a manner contrary to the law, decency, infringing personal rights of third parties or the Service Provider.
  8. Customers are entitled to use the Website and the Online Shop only for their own use. It is not allowed to use the resources and functions of the Website and the Online Shop for the purpose of conducting commercial activities by the Customer or activities that would infringe the interests of the Service Provider.
  9. Customers can access the these Terms and Conditions at any time at: http://branikdelight.com/strona/regulamin. The Terms and Conditions may be delivered to the Customer by electronic means (to the e-mail address provided by the Customer) at their request, at no additional charge.
  10. In order to place an Order and use some of the services available on the Website (such as the Newsletter), the Customer must have an active e-mail account.
  11. The use of the Website and the Online Shop is possible as long as the IT system used by the Customer meets the following minimum technical requirements:

- Safari 10.1 or later or

- Mozilla Firefox version 6.1 or newer with Java, JavaScript and Cookies applets enabled, or

- Google Chrome version 6.8 or newer with Java, JavaScript and Cookies applets enabled, or

- Edge version 1.5 or later.

ORDERS, PAYMENT AND DELIVERY

  1. The Customer places an Order by selecting the goods they are interested in in the Online Shop and the "ADD TO CART" command, and then after completing the entire Order and indicating in the "CART" the method of delivery and payment, by sending the order form to the Service Provider by clicking on the field "CONFIRM AND PAY” in the Order form.
  2. Before shipping the Order, the total price of the selected goods, the total cost of the selected delivery method and any other possible costs related to the execution of the Order are given.
  3. When placing the Order, the Customer:
  1. declares that they have read the content and accepts the Terms and Conditions and the Privacy Policy,
  2. consents to the processing of the Customer's personal data by the Service Provider for the purposes of proper performance of the Order (in accordance with Article 6 (1) (b) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of persons natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC),
  3. may consent to receive the Newsletter from the Service Provider.
  1. Placing an Order in the Online Shop will be automatically confirmed by the system electronically, to the e-mail address provided by the Customer when placing the Order.
  2. Along with the confirmation to the Customer that the Order has been accepted, the Service Provider sends the Customer the Terms and Conditions by sending them to the Customer's e-mail address.
  3. All prices given in the Online Shop are expressed in PLN (currency in force in Poland) and _____.
  4. The price given for each product or service is binding at the time of placing the Order by the Customer. The Service Provider reserves the right to change the prices of the goods on offer, to introduce new goods or services to the Online Shop's offer, to carry out and cancel promotional campaigns on the Online Shop's website or to make changes to them. The price change does not apply to Orders that have already been accepted for execution.
  5. The time for preparing the Order for shipment is up to 3 business days.
  6. The ordered goods are delivered to the Customer via the Deliverer, to the address indicated in the Order form.
  7. The Customer should examine the delivered parcel in time and in the manner accepted for parcels of a given type, in the presence of the Deliverer's employee. In the event of damage to the goods or its non-compliance with the Order, a complaint protocol should be drawn up in the presence of the Deliverer's employee, containing a description of the damage. The advertised goods should be returned to the Deliverer's employee. If the goods are found to be damaged at a later date, the complaint procedure described in these Terms and Conditions should be followed.
  8. When placing an Order, the Customer may agree to receive invoices in electronic form. Invoices will be sent to the e-mail address indicated in the Order. If the customer does not agree to receive invoices electronically, invoices will be sent in a traditional, paper form.
  9. Goods may be limited in quantity. Orders for such goods are processed in the order in which confirmed Orders are received for these goods, until stocks run out.
  10. The Service Provider reserves the right to refuse or extend the execution of the Order if the data provided by the Customer is inaccurate and prevents the execution of the Order. In this case, the Service Provider will immediately contact the Customer.
  11. The Online Shop allows for payment only in the form of a prepayment.
  12. The Customer pays the price for the ordered goods or services by traditional bank transfer or via electronic payment before delivery. The entity providing online payment services is Blue Media S.A. Failure to receive the payment to the account of the Service Provider or intermediaries in the transaction within 2 days of placing the Order, will result in the cancellation of the Order. In such a situation, the Customer can place the Order again.
  13. After selecting the electronic payment as the payment method, the Customer will be redirected to the payment form, and the payment may take place after the Customer accepts the terms and conditions of this form of payment provided by Blue Media as a settlement agent.
  14. Available forms of payment - Payment cards (Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro).
  15. The offer of the Online Shop is variable and is constantly updated.

RULES OF USING THE GOODS OFFERED IN THE INTERNET SHOP AND MADE OF NATURAL STONE

Due to the fact that some of the goods sold in the Online Shop are made of stone, which is a natural material, it happens that they have imperfections (in particular scratches, defects, discoloration or cracks). The Service Provider makes every effort to ensure that the photos of goods presented in the Online Shop reflect the actual condition of the goods as accurately as possible. The offer includes trays made of many types of marble, as well as unique pieces made of quartzite and onyx. The pleasant rhythm of the delicate curves of the edges makes the goods made of stone an attractive base for displaying cups, teapots, vases, candles, jewelry, porcelain or interior design trinkets. You can also serve food on them, because they have been impregnated with an impregnation that is harmless in contact with food, but you should follow a few rules:

- do not wash in a dishwasher, wipe with a slightly damp cloth without detergents, and wipe wet stains immediately;

- we recommend impregnating stone goods with a stone impregnation once a month;

- acid-containing foods (such as citrus, alcohol, coffee, tomato sauce or sodas) can stain the limescale permanently.

COMPLAINT

  1. Subject to the occurrence of natural damage to the goods referred to above, the Service Provider is responsible for physical or legal defects of the goods.
  2. The Service Provider bears the responsibility referred to in paragraph 1 above, if the defect was found within two years from the date of delivery of the goods to the Customer. 
  3. Each product purchased in the Online Shop is subject to a complaint in accordance with these Terms and Conditions, if it has defects that constitute its non-compliance with the concluded contract.
  4. The Customer may submit a complaint in writing to the Service Provider's address or via e-mail to the following e-mail address: hello@branikdelight.com.
  5. The complaint should contain at least the following elements:
  1. first name and surname of the Customer;
  2. e-mail address from which the Order was placed;
  3. Order number,
  4. a precise definition of the subject of the complaint,
  5. name and surname, address, telephone number, e-mail address of the person authorized to contact on behalf of the Customer, if any.
  1. Complaints will be considered within 14 days from the date of their receipt.
  2. If the goods have defects the Customer the following claims are entitled:
  1. submission of a service of withdrawal from the contract or reduction of the price of the goods, unless the Service Provider immediately and without undue inconvenience to the Customer replaces the goods with a product free from defects or removes the defect,
  2. request for replacement of the goods with a product free from defects or removal of the defect.
  1. The Customer may not withdraw from the contract if the defect is irrelevant.
  2. In the case of sale between entrepreneurs, the Customer loses the warranty rights if they did not inspect the goods in time and in the manner adopted for such things and did not immediately notify the Service Provider about the defect, and if the defect came to light only later - if he did not notify the seller immediately after discovering it
  3. If the complaint is not accepted, the Customer will receive a relevant justification in the feedback.
  4. In accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. on ODR in consumer disputes), the consumer concluding a distance contract has the right to use the European platform for dispute resolution by means of electronic communication (ODR Platform).
  5. The ODR platform aims to facilitate independent, impartial, transparent, effective, fast and fair out-of-court online settlement of disputes between consumers and entrepreneurs from all European Union countries in the case of distance contracts.
  6. Electronic link to the ODR platform: ec.europa.eu/consumers/odr/
  7. At the same time, we encourage you to contact the Service Provider directly by e-mail to the following address: hello@branikdelight.com. 

WITHDRAWAL FROM THE CONTRACT

  1. Consumer has the right to withdraw from the sales contract concluded by Online Shop without giving any reason, on the terms described below.
  2. The deadline for withdrawing from the contract for the sale of goods expires after 14 days from the date on which the Consumer came into possession of the goods.
  3. In order to exercise the right to withdraw from the contract, the Consumer should submit a declaration of withdrawal from the contract to the Service Provider.
  4. Consumers can use the model withdrawal form, which will be delivered to the customer by e-mail immediately after the order is approved. Consumers may also complete and send the Service Provider a withdrawal form or any other unequivocal statement by e-mail to the following e-mail address: hello@branikdelight.com. The Service Provider, after receiving the declaration of withdrawal from the contract, will immediately send the Consumer a confirmation of receipt of information about the withdrawal from the contract.
  5. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the address of the Service Provider within 14 days from the date on which the Consumer informed the Service Provider about the withdrawal from the contract.
  6. Consumers bear the direct costs of returning the goods. The Consumer is obliged to pack the returned goods in such a way that it is against loss or damage during transport.
  7. In the event of withdrawal from the contract, the Service Provider shall immediately reimburse the Consumer for all payments received, including the cost of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer, other than the cheapest standard delivery method offered by the Service Provider. The reimbursement will take place no later than within 14 days from the date on which the Service Provider received a declaration of withdrawal from the contract from the Consumer.
  8. The reimbursement to the Consumer will be made using the same payment methods that were used by the Consumer when concluding the transaction.
  9. The Consumer does not bear any fees related to the return of the payment.
  10. The Service Provider may withhold the reimbursement until receipt of the goods or until proof of its return is delivered to the Service Provider, depending on which event occurs first.
  11. The provisions of this chapter also apply to natural persons concluding a contract (placing an Order) directly related to their business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of the economic activity.

PERSONAL DATA PROTECTION

  1. The administrator of Customers' personal data within the meaning of art. 4 point 7 of 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 is the Service Provider.
  2. Detailed provisions regarding the protection of Customers' personal data are contained in the Service Provider's Privacy Policy, available at: branikdelight.com/polityka-prywanosci and constituting an integral part of the Terms and Conditions.

FINAL PROVISIONS

  1. The law applicable to orders placed in the Online Shop is Polish law, but if the provisions in force in the Consumer's country are more favourable to the Consumer, and these provisions cannot be excluded by contract, they will be applied in the contract concluded via the Online Shop.
  2. The Service Provider is entitled to amend these Terms and Conditions in the event of: (i) organizational or legal changes of the Service Provider, (ii) changes in the applicable legal provisions applicable to the Website, (iii) changes in the functionality of the Website or the Online Store, subject to the changes to the Terms and Conditions in order to adapt the content of the Terms and Conditions to its functionality. The Service Provider will inform the Customers about the planned change and the date of its entry into force through the website of the Service, however, the amendment to the Regulations to the extent to which it relates to Orders placed before the amendment to the Regulations does not change their content and conditions.
  3. The Regulations come into force on 12.11.2021
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