Regulations

These terms and conditions set out the rules for transactions in the BOUDUAR Online Shop operating at the following address: www.bouduar.com

§ 1 General provisions

1. Definitions

a) Seller - Bouduar Martyna Sobiecka in Gdynia (81-402) at ul. bp. Dominika 16, registered in the Central Register of Business Activity and Information kept by the Minister of Economy, NIP: 8771417914 , REGON:362573847.

b) Customer - a natural person with at least limited legal capacity and over 18 years of age making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity.

c) Shop - the BOUDUAR online shop, operated by the Seller at the following web address www.bouduar.com

d) Goods - lingerie and accessories manufactured or supplied by BOUDUAR for retail sale bearing the BOUDUAR trademarks .

e) Price - the value of the Goods displayed next to each Good on the website www.bouduar.com Prices are given in Polish zloty and include VAT (they are gross prices), but do not include the costs of delivering the goods to the place indicated by the Customer.

f) Cost of delivery of the Goods - the cost associated with the delivery of the Goods ordered by the Customer between the Shop and the place designated by the Customer.

g) Order - an instruction to purchase Goods placed in the Store by the Customer in accordance with these Terms and Conditions.

h) Newsletter - an electronic distribution service provided by the Seller via e-mail, which enables the Customer who has agreed to receive the Newsletter to automatically receive information about products, news, promotions and discount codes available in the Store.

2. In the event of errors on the pages of the Shop, the Seller reserves the right to refuse to process the Order.

3. The information provided on the Shop's website does not constitute an offer within the meaning of the Civil Law.

4. All Shop Customers are prohibited from sending content of an unlawful nature or contrary to the principles of social co-existence.

§ 2 Contract conclusion

1. By concluding the Contract, the Seller undertakes to manufacture and deliver the ordered Goods to the Customer, while the Customer undertakes to pay the price for these Goods in a timely manner and to comply with the provisions of these Terms and Conditions.

2. The availability of Goods, irrespective of commercial information, depends on the current stock levels in each case.

3. The contract shall be deemed to have been concluded by the following shop actions www.bouduar.com

a) the Customer has read and accepted the Shop Rules,

b) if applicable, agrees to receive the Newsletter,

c) filling in the Order form on the Shop's website,

d) placing of the Order by the Customer by using the "Order and Pay" button,

e) confirmation by the Seller of the Order placed.

4. The relevant provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014.827) apply to contracts concluded with consumers.

5. By placing an Order, the Customer accepts these Terms and Conditions.

6. Any additional payment over and above the Price in accordance with the concluded contract requires the express consent of the Customer.

§ 3 Placing and executing orders

1. On the shop pages www.bouduar.com clear and legible information on delivery restrictions and accepted payment methods shall be indicated, at the latest at the start of the ordering process.

2. After completing the Order form, the Customer receives an e-mail confirming the Order placed.

3. When placing an Order, the Customer is aware that it involves an obligation to pay by using the "Order and Pay" button.

4. The e-mail confirming the Order contains information about:

1) a detailed description of the Goods and how to communicate with the Customer,

2) Seller data,

3) the Seller's address, e-mail address and telephone or fax numbers at which the Customer can quickly and efficiently contact the Seller;

4) the address at which the customer can lodge complaints,

5) The price including taxes, as well as charges for transport, delivery, postal services and other costs and, where these charges cannot be determined, the obligation to pay them,

6) the method and date of payment,

7) the manner and date of the Seller's performance (delivery date of the Goods) and the Seller's complaint handling procedure,

8) how and when the right of withdrawal is exercised on, as well as the model withdrawal form,

9) the costs of returning the Goods in the event of withdrawal, which shall be borne by the Customer if, due to their nature, the Goods cannot normally be returned by post,

10) the absence of a right of withdrawal on the grounds or circumstances in which the Customer loses the right of withdrawal,

11) the Seller's obligation to deliver goods without defects,

12) the existence and content of warranties and after-sales services and how they are to be provided,

13) the minimum duration of the client's obligations under the contract,

14) that no deposit or other financial guarantee is required from the client,

15) the possibility of having recourse to out-of-court complaint and redress procedures and the rules of access to those procedures.

5. The amount due for the Goods and the Cost of Delivery of the Goods can only be paid by the Customer, according to the following options:

a) cash on delivery, upon delivery of the Goods by the supplier,

(b) by bank transfer,

(c) via a shop-integrated www.bouduar.com online payment system. The online payment service provider is Blue Media S.A.

d) by payment cards when paying over the Internet: Visa, Visa Electron, MasterCard, MasterCard Electronic and Maestro payment cards.

6. The lead time for the Order is calculated from the moment of:

a) the payment is credited to the Seller's account in the case of payment by bank transfer or through the Blue Media S.A. payment system,

b) from the time of successful authorisation, in the case of payment by card

c) confirmation of the Order by the Customer, in the event that cash on delivery is selected.

7. The lead time for the Order indicated in paragraph 6 above means the production of the Goods and their preparation for dispatch.

8. In the case of payment made by bank transfer or payment to the Seller's bank account, the transfer order must include the Customer's name and surname and the Order number in the title of the transfer.

9. The amount due should be transferred to a bank account: [ 31 1050 1764 1000 0097 0126 7966 ]

10. The Seller reserves the right to refuse to process Orders when:

a) the Order form was filled in incorrectly,

b) attempts to confirm the Order have been unsuccessful,

c) The order was placed in breach of these Terms and Conditions,

d) when the Transaction Price is the result of an obvious error by the Seller.

11. The Seller shall not be liable for any consequences resulting from the Customer's incorrect or non-compliant Order, in particular incorrectly filled in the Order form.

12. Ordering from the Shop is possible 24 hours a day, all days of the year.

13. Goods covered by the Order are delivered to the Customer by the Seller together with a sales document, i.e. a fiscal receipt or a VAT invoice issued upon the Customer's request. A VAT invoice is issued only if the data required when placing the Order is correctly filled in. The Customer authorises the Seller to issue VAT invoices without the recipient's signature.

14. The Seller reserves the right of ownership of the Goods until the full Sale Price of the Goods has been paid in accordance with the provisions of these Terms and Conditions.

15. The Goods have specific characteristics which must be taken into account when making a purchase by reading the product description. Each piece of Goods is unique and may differ minimally from other pieces of the same model, in particular in terms of individual product elements (e.g. material structure, fasteners) or dimensions of the particular piece of Goods. The photographs of the Goods are illustrations which, in some cases, may slightly differ from the actual appearance. The colours of the Goods presented in the Shop may slightly differ from the real ones, inter alia, due to the settings of the monitor used by the Customer and due to different lighting of the Goods during taking the picture.

16. Each Customer has the option to agree to receive a free Newsletter from the Seller when placing an Order or on the Shop website. 

• Consent to receive the Newsletter is given by providing the Customer's e-mail address to which the Newsletter is to be sent in the order form and accepting the declaration.
• The customer may unsubscribe from the Newsletter at any time by sending the unsubscribe information to the email address: hello@bouduar.com

§ 4 Delivery of ordered Goods

1. The Seller shall deliver the ordered Goods within the territory of the Republic of Poland by courier or post.

2. Delivery costs outside the Republic of Poland will be agreed with the Customer each time before placing an order. In this case, the Customer should contact the shop staff before placing the order in order to confirm the shipping costs. The Customer shall ensure that all conditions and requirements for sales tax on the delivery and/or service required by the law applicable to the Customer's registered office are met.

3. Dispatch is carried out within 5 working days from the moment the payment is credited to the Seller's account in the case of payment by bank transfer, card or through the Blue Media S.A. payment system, or from the moment the Order is confirmed by the Customer, in the case of choosing cash on delivery. This time does not include Saturdays and public holidays. In special cases, the Seller reserves the right to send the Goods within 14 days of the events indicated in the first sentence.

4. The seller shall not be liable for delays in delivery resulting from causes beyond its control, unless such liability arises from the law.

5. If a damaged consignment arrives at the Customer indicating interference by third parties, the Customer should refuse to accept such a consignment.

6. Together with the delivered Goods, the Seller shall provide a confirmation of the conclusion of the contract including the information indicated in § 3.4 above and the rules of use of the Goods.

§ 5 Withdrawal from the contract. Replacement and Return of Purchased Goods

1. Pursuant to the Consumer Rights Act (Journal of Laws 2014.827), the Customer, who is a consumer, may withdraw from the contract within 14 days without stating a reason and without incurring costs, subject to the costs indicated below. The period for withdrawal shall start from the day on which the Customer or a third party other than the carrier designated by the Customer takes possession of the goods, i.e. from the date of delivery of the Goods.

2. The Customer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration of withdrawal from the contract in written form should be sent to the Seller's address within the aforementioned period. A declaration of withdrawal from the agreement may be submitted electronically, in which case the Seller shall send to the Customer an immediate written confirmation of receipt of the declaration of withdrawal. A model declaration of withdrawal is included in the Form available at www.shop.bouduar.com.

3. Returned or exchanged Goods should be complete and have box, tags, stickers.

4. The customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

5. The above return requirements do not affect or limit the Customer's rights of complaint under the law. The above requirements in respect of consumers are to be interpreted in each case in accordance with the applicable legal provisions.

6. In the event of withdrawal from the sales contract, both the Seller and the Customer are obliged to return everything they have received from the other party under the concluded contract. The Seller shall be obliged to return to the Customer all payments made by the Customer, including the costs of delivery of the Goods, immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract. If the Customer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Customer for the additional costs incurred by the Customer. The Seller may withhold reimbursement of payments received from the Customer until it has received the Goods back or the Customer has provided proof of return, whichever event occurs first. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not incur any costs for the Customer.

7. The Customer is obliged to return the Goods to the Seller or hand them over to a person authorised by the Seller for collection immediately, but no later than 14 days from the date on which he or she has withdrawn from the contract. To meet the deadline it is sufficient to send the Goods back before its expiry. The Customer shall only bear the direct costs of returning the Goods.

8. The consumer has no right of withdrawal for the following contracts:

a) where the object of the supply is a non-refabricated good made to the Customer's specification or intended to meet the Customer's individual needs,

(b) in which the goods to be supplied are perishable or have a short shelf life,

(c) where the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery,

(d) where the object of the performance consists of items which, by their nature, are inseparable from other items after delivery,

(e) concluded by public auction,

(f) and others listed in Article 38 of the Consumer Rights Act.

9. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.

10. In the event that a refund is required for a transaction made by a customer with a payment card, the seller will make the refund to the bank account assigned to the customer's payment card.

§ 6 Reclamation of goods

1. Pursuant to the Civil Code Act of 23 April 1964 (Journal of Laws 2014, item 121), the Seller is liable to the Customer if the Goods sold have a physical or legal defect (warranty)....

2. The Customer who exercises warranty rights is obliged, at the Seller's expense, to deliver the defective Goods together with a description of the reasons for the complaint and proof of purchase to the Seller's address, providing contact details enabling contact with the Customer, min. telephone number or e-mail address.

3. If the Goods have a defect, the Client may make a declaration to reduce the price or withdraw from the contract, unless the Seller shall immediately and without undue inconvenience for the Client replace the defective thing with a defect-free one or remove the defect. The Customer may, instead of the removal of defects proposed by the Seller, demand to replace the Goods with defect-free ones or, instead of replacing the Goods, demand to remove the defect, unless bringing the Goods into conformity with the agreement in a way chosen by the Customer is impossible or would require excessive costs in comparison with the way proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, type and significance of the defect found shall be taken into account, as well as inconvenience to which the Customer would be exposed by another way of satisfaction.

5. The Seller shall be liable under the warranty if a physical defect is discovered before the lapse of two years. The claim for rectification of the defect or replacement of the Goods with defect-free Goods shall become time-barred after one year, counting from the date the defect was detected, but the period of limitation shall not end before the expiry of the period specified in the first sentence.

6. The Seller shall not be liable for damage or injury caused by improper handling or misuse of the Goods, as well as for damage caused by the use of force and natural wear and tear of the product due to the aforementioned negligence.

§ 7 Personal data protection and RODO

1. The Seller, being the data controller, protects the personal data of the Customers.

2. Personal data shall be processed in accordance with 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 (hereinafter: RODO) and other generally applicable legislation.

3. The data provided by the Customer may only be processed for the purposes specified in the Terms and Conditions.

4. The customer agrees to the processing of his personal data contained in the order form, i.e. 

• first and last name(s), e-mail address, contact and shipping address, telephone number,   
• in the case of entrepreneurs, we additionally process: NIP, REGON, registered office address, bank account number, 

5. We collect your Personal Data for the following purposes: 

• the conclusion and performance of the contract between us and the provision of the services we offer to you, including in particular the dispatch of ordered goods and the processing of payments, the handling of complaints, 
• the performance of Bouduar Martyna Sobiecka's legal obligations, including in particular the issuing and retention of invoices and accounting documents, and for archiving purposes   
• to protect the rights of Bouduar Martyna Sobiecka in accordance with the law, including in particular the assertion of outstanding payments in the context of debt collection processes and court proceedings, 
• to carry out marketing activities and send commercial information if you have given your separate consent.

6. The Customer's personal data may be transferred to third parties only for the purpose and to the extent necessary for the proper performance of the services provided under the Terms and Conditions.

Bouduar Martyna Sobiecka may transfer Personal Data to the following third parties for the purposes indicated herein: 

• entities with which Bouduar Martyna Sobiecka has a cooperation agreement ("Data processor ") in order to perform the contract connecting us, to perform the obligations of Bouduar Martyna Sobiecka provided for by law, to protect the rights of Bouduar Martyna Sobiecka in accordance with legal regulations and to perform the legitimate interest of Bouduar Martyna Sobiecka within the meaning of data protection regulations; in particular, Bouduar Martyna Sobiecka may provide your Personal Data to entities such as: banks, debt collection companies, entities providing accounting services, companies providing postal and courier services, companies with which we cooperate in order to provide marketing services. Such entities will be obliged under the agreements concluded with 

Bouduar Martyna Sobiecka contracts to use appropriate security, technical and organisational measures to protect the Personal Data and to process it only in accordance with the instructions provided by Bouduar Martyna Sobiecka, 

• supervisory authorities, authorities and other third parties; where this is necessary to fulfil the purposes indicated above and to fulfil obligations imposed by law, Personal Data may be transferred to supervisory authorities, courts and other authorities (e.g. tax and law enforcement authorities), independent external advisors (e.g. auditors) or benefit providers.

7. You declare that you have been informed of your rights regarding the protection of Personal Data. In accordance with the applicable data protection law, you are entitled to lodge a complaint with the competent supervisory authority (i.e. the President of the Office for Personal Data Protection or its successor authority). 

In addition, you have the right to: 

• request access to Personal Data; the data subject is entitled to obtain from Bouduar Martyna Sobiecka confirmation as to whether or not Personal Data relating to him or her is being processed and, if this is the case, he or she is entitled to obtain access to it. Bouduar Martyna Sobiecka will provide you with a copy of your Personal Data being processed upon request. For any further copies requested by you, Bouduar Martyna Sobiecka may charge a reasonable fee based on administrative costs, 
• rectification of Personal Data; you have the right to rectify Personal Data concerning you that is inaccurate. Taking into account the purposes of the processing, you have the right to request the completion of incomplete Personal Data, including by providing an additional statement, 
• erasure of Personal Data ("right to be forgotten"); you have the right to request, insofar as the circumstances provided by law exist, the immediate erasure of Personal Data concerning you, and Bouduar Martyna Sobiecka is obliged to erase such Personal Data without undue delay, 
• to restrict the processing of your Personal Data; in such a case, Bouduar Martyna Sobiecka will, at your request, identify such Personal Data and the processing of such Personal Data may be restricted only for specific purposes, 
• portability of Personal Data; under certain conditions, you have the right to receive in a structured, commonly used, machine-readable format Personal Data relating to you, processed by Bouduar Martyna Sobiecka, and you have the right to send that Personal Data to another entity, 
• to object; under certain circumstances, you have the right to object at any time - on grounds relating to your particular situation - to the processing of Personal Data concerning you, and Bouduar Martyna Sobiecka may be under an obligation to cease processing such Personal Data.

8. The personal data provided by the Customer will be protected by the Administrator with the utmost care. 

Bouduar Martyna Sobiecka undertakes to use appropriate security measures, both technical and organisational, to protect your Personal Data. The Personal Data will be stored by Bouduar Martyna Sobiecka and/or the Data Processors only for the time necessary to achieve the purposes for which the data are collected, to comply with legal obligations, for a maximum period of time to secure the materials necessary for legal proceedings (including tax proceedings) and until the possible statute of limitations for your and Bouduar Martyna Sobiecka's claims. 

9. In addition, the Customer may agree to receive advertising and commercial information from the Seller via the Order form and marking an appropriate option therein, in accordance with the Act of 18 July 2002 on electronic provision of services. Dz. U. No. 144, item 1204). Such information may be provided to the customer, among others, by means of electronic communication. The consent is not a condition for the execution of the Order.

10. Payments are handled by Blue Media S.A. with its registered office in Sopot, ul. Haffnera 6, 81-717 Sopot, registered in the District Court Gdańsk-Północ VIII Economic Division of the National Court Register under no. 0000320590, NIP 585-13-51-185, REGON 191781561. For this purpose, Blue Media S.A. processes personal data of the Seller's customers as an entity entrusted by the Seller with the processing of personal data.

11. The administrator of your personal data will be Bouduar Martyna Sobiecka , ul. Bp. Dominika 16, 81-402 Gdynia, e-mail address: hello@bouduar.com

12. Detailed rules for the processing of personal data are set out in the Privacy Policy of www.bouduar.com. 

§ 9 Final provisions

1. Copyright to the graphic elements of the www.bouduar.com shop, as well as to the layout and composition of these elements (the so-called layout) and industrial property rights, including the rights to the BOUDUAR trademark are vested in the Seller.

2. The regulations shall enter into force on the day of their publication on the website www.bouduar.com

3. The Seller reserves the right to unilaterally change the Terms and Conditions. Information on changes to the Terms and Conditions will be posted on the website www.bouduar.com.

4. The invalidity, illegality or unenforceability of any provision of these Terms and Conditions shall not affect the validity of the legality and enforceability of the remaining provisions.

5. In matters not regulated in the Rules, the provisions of the Civil Code and other applicable laws shall apply.

6.Any disputes related to the performance or interpretation of these Terms and Conditions shall be settled by a common court with jurisdiction over the Seller's registered office.