Art. 1 General Provisions
- The Seller provides Services according to the Terms and Conditions and the generally applicable provisions of law.
- Services are provided via the Store website, 24 hours a day, 7 days a week.
- The Seller shares these Terms and Conditions on the Store website and may make them available in the Client's Account or include them as an attachment to e-mails containing statements of acceptance of the Clients' offers. Customers may at any time: access the Terms and Conditions, record them, obtain and reproduce by printing or saving on a data carrier.
- The information provided on the Store website does not constitute an offer by the Seller within the meaning of Article 66 of the Civil Code Act, but only an invitation to customers to submit offers to conclude a contract, in accordance with Article 71 of the Civil Code Act.
- Using the Store may incur costs of fees for Internet access and data transmission, to the extent established by agreement with the telecommunications operator of the Customer.
Art. 2 Store account registration
- The Customer Account service agreement is concluded for an indefinite period of time as soon as the Seller confirms the registration of the Customer Account.
- The subject matter of this Customer Account Service is providing a Customer Account panel, which makes it possible, i. a., to manage the Customer's data and orders.
- To create a Customer Account, voluntary and free registration is required. It is done by completing and sending the registration form, which is available on the Store website, to the Seller.
- In order to properly fill in the registration form it is necessary to enter all mandatory and, if applicable, optional fields are with true, complete and relevant data or information about the Customer.
- Before submitting the registration form, the Customer should confirm, by ticking the appropriate box, that he/she is familiar with the Terms and Conditions and accepts their provisions.
- Before submitting the registration form, by ticking the appropriate box, the Customer may voluntarily declare that he/she agrees to have his/her personal data processed for marketing purposes by the Seller.
- The Seller informs that the marketing purposes indicated above may include, in particular, sending commercial information by the Seller, using the Customer's contact details. The consent referred to in the above point may be withdrawn at any time.
- The registration form is sent to the Seller through and by using the functionality of the Store.
- Using the Customer Account is possible once it is created, and by entering the correct login details.
- Termination of the Customer Account service agreement can be made without indicating any reason and at any time, using its functionality or by sending the Customer's statement in this regard to the Seller, e.g. by e-mail or letter.
Art. 3 Basic Store features
- The Seller provides Customers with the following basic features of the Store, such as:
- goods search engine,
- reviewing the goods,
- the map feature.
- To search for Goods in the Store, it is necessary to enter the desired content in the search area of the Store, and then to confirm it. The feature lets the Customer search through the Store resources by using keywords. In addition, with this feature, it is possible to perform an advanced search for selected criteria.
- To enter an opinion about an Item, use the feedback form by completing the mandatory fields and entering the declared rating or content. The feature may make it possible to give a rating on a marked scale.
- To use the map feature, it is necessary to open the page containing the map. This feature allows the user to obtain a preview of the location of the Seller's headquarters.
Art 4. Orders placed through the Store
- Orders for Goods can be placed via the Store website 7 days a week and 24 hours a day, using the Shopping Cart function. After completing the order list of Goods in the Shopping Cart area, the Customer proceeds to the fulfilment of the order.
- If the Customer is a logged-in Customer Account holder, he/she proceeds to the next stage of order placement as a logged-in Customer.
- If the Customer is not a logged-in Customer Account holder, he chooses how to place the order:
- by creating a Customer Account. The Customer then completes a Customer Account registration process and uses the Account to proceed to the next stage of ordering.
- without using the Customer Account. The customer then proceeds to the next step of ordering.
- with using the Customer Account. The customer then proceeds to the next step of ordering.
- After choosing the method of ordering, the Customer enters or selects the following:
- billing information,
- delivery information, including the Delivery method and address,
- payment method.
- Before placing an order, the Customer receives information on the total price of the order including taxes and related costs, in particular the costs of Delivery and payment in the Shopping Cart area.
- Placing an order may take place by using the appropriate button in the Shopping cart and is tantamount to submitting an offer to conclude a contract of sale of the Goods included in the order to the Seller, by the Customer.
- Before sending the order form, by ticking the appropriate checkbox, the Customer should declare that he/she has read the Terms and Conditions and accepts its provisions.
- The placed order can be changed by the Client until the Seller receives information about the delivery of the Goods.
- Changes to the order may include cancellation, partial cancellation, extension with additional Goods, change of delivery address.
- The Seller shall immediately inform the Customer about not being able to accept the order, if there are circumstances causing it. This information is given by telephone or e-mail. The information may constitute rejection of the offer in its entirety or contain the following proposals for the order modification:
- rejection of the offer in the part that cannot be fulfilled, which results in recalculation of the order value,
- division of the Goods to be delivered into a part that can be delivered and a part that will be delivered at a later date, which does not result in recalculation of the order value.
- If the Customer accepts the offer made by the Seller subject to the change referred to in the above point shall be deemed a new offer, requiring the Customer's approval in order to conclude the Sales Agreement.
- The Seller shall immediately send an e-mail containing confirmation of order acceptance. The message contains the Terms and conditions of the Sales agreement entered into by the parties, as well as the data entered by the Customer on the order form so that it is possible to review and find errors in them. Should such an error be detected, the Customer may notify the Seller of this fact by sending an e-mail message indicating the correct data.
- Confirming the order acceptance is tantamount to the Seller's acceptance of the offer to conclude a contract of sale made by the Customer.
Art. 5 Telephone orders
- The Seller enables placing orders for the purchase of Goods by phone.
- To place a telephone order for a purchase of Goods, it is necessary to contact the Seller using the telephone numbers available at the Store website, and then place an order orally.
- The Seller shall immediately send an e-mail containing confirmation of telephone order acceptance and information about the content of the concluded agreement.This message contains the Terms and conditions of the concluded Sales agreement entered into by the parties, as well as the Customer's data so that it is possible to review and find errors in them. If such an error is detected, the Customer may notify the Seller of this fact by sending an e-mail message indicating the correct data.
- In order to conclude a Sales agreement, the Customer is obliged to confirm the will to conclude it in response to the above-mentioned message of the Seller.
- Confirming the desire to enter into a Sales agreement is equivalent to its conclusion.
Art. 6 The Sale
- The Seller shall provide the customer with the Service of remote sale of the Goods.
- The subject matter of the Sales Agreement includes the obligation of the Seller to transfer ownership of the Goods to the Customer and to release them, as well as the obligation of the Customer to collect the Goods and pay the price of the Goods to the Seller.
- The Seller reserves the right to run promotional campaigns, consisting in particular in reducing the price of the Goods or Services until a specific date or exhaustion of the stock of Goods subject to promotion.
- Concluding a contract of Sale, the Seller shall be obliged to deliver to the Customer Goods without defects.
- The conclusion of the contract of Sale takes place as soon as the Seller confirmes the acceptance of the Customer's order.
- The Goods shall be delivered at the time specified in the description of the Goods.
- The delivery time of the Goods may be subject to change in the event that the Customer introduces changes in the original order.
- The delivery of the Goods shall take place:
- if the Customer chooses the delivery option via Carrier, on Working Days to the address provided by the Customer
- , in the case of collecting the Goods in person by the Customer, at the premises of the Store on Working Days between 8:00 and 4:00 or on Saturdays between 8:00 and 2:00
- . Detailed information on the available delivery methods, Carriers and the related costs are published on the website of the Store, and the Customer is informed about them during the order placement process.
- The Goods are issued after the payment is made by the Customer.
- Confirmation of the release of the Goods to the Carrier for Delivery, may be made by sending an e-mail to the Customer's e-mail address.
- The risk of accidental loss or damage to the Goods shall pass to the Consumer when it is released to him/her.
- If the Customer chooses the option of Delivery by Carrier, it is recommended that the Customer examines the delivered parcel in the presence of the Carrier.
- If the parcel is found to be damaged, the Customer has the right to request the Carrier to draw up an appropriate report.
Art. 7 Payments
- The value of payment for the Sale is determined on the basis of the price list of the Goods, located on the Seller's website at the time of ordering the Goods.
- The prices given on the Store's website next to the specific Goods shall be gross prices given in Polish zloty and include the VAT value, whereas they shall not include the costs of delivery of the Goods and the selected method of payment.
- The costs of transaction and Delivery of the Goods shall be borne by the Client.
- The costs of transaction and Delivery of the Goods shall be borne by the Client, subject to the possibility of the Seller to apply a discount to the cost of Delivery of the Goods. The discount may be granted automatically, based on the value or volume of the order.
- The discount on the cost of Delivery of the Goods shall be calculated on the condition that the Goods are collected by the Customer. Failure to collect the Goods by the Customer shall result in the exclusion of the right to discount against the cost of Delivery of the Goods.
- The total price of the order, visible in the area of the Basket before placing the order and after choosing the method of Delivery of the Goods and payment, includes the price for the ordered Goods with tax charges and all related costs, in particular costs of Delivery and transaction.
- The total order price is binding for the Seller and the Customer.
- The Seller provides the following payment methods for the provided Sales Services:
- cash on delivery in person at the Store's location,
- cash on delivery from the Carrier,
- regular wire transfer to the Seller's bank account no: 58 1090 2590 0000 0001 3610 4212,
- via Apple Pay,
- via Google Pay,
- using the external payment system - PayU, operated by PayU S.A with its registered office in Poznań (60-166), at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000274399, NIP [Tax ID Number]: 7792308495 and REGON: 0000274399, NIP: 7792308495 oraz REGON:
- The Customer has an obligation to pay:
- at the moment of delivery of the Goods - if the cash payment method is chosen,
- within 5 days - if the traditional payment method is chosen,
- at the moment of placing the order - if the payment method using an external payment system is chosen.
- As for the customers who have ongoing business relationship with the Seller, the Seller may give an option of an additional method of deferred payment, paid by bank transfer to the bank account of the Store. Deadline for payment of deferred payment paid by bank transfer to the bank account of the Store, is indicated in the order form and expressed in days.
- Payment is returned immediately by the Seller, no later than within 14 days from the date the cause arises, in the case of:
- withdrawal from the contract,
- cancellation of the order or part of the order paid for before execution by the Customer,
- full or partial recognition of the claim covered in the complaint by the Seller, on the basis of generally applicable regulations.
- The payment shall be returned via same payment method that was used by the Customer in the original transaction, unless he agrees to a different solution that does not involve any costs for him/her.
- The Seller shall not be obliged to reimburse additional costs of delivering the Goods incurred by the Client if the Client has chosen a method of delivering the Goods other than the cheapest ordinary method of delivery offered by the Seller.
Art. 8 Discount program.
- The condition of granting a discount is meeting the criteria established by the Seller and paying the contractual fees on time.
- For the benefit of signed-up and signed-in Clients, the Seller shall grant the following types of discounts for the purchase of Goods:
- discount for one-time purchases,
- fixed discount, depending on the turnover value for 12 months,
- discount for collection in person,
- discount for payment for Delivery.
- If the concluded Sales contract meets the criteria for granting the types of discounts listed in sec. 2 (1) and (2), only the discount more favourable for the Customer shall be granted. The discounts listed in sec. 2(3) and 2(4) are independent of the discounts listed in sec. 2(1) and 2(2).
- The condition for granting a discount on one-time purchases is concluding a single Sales Contract for the amount established in the Seller's discount policy. The discount shall be calculated on the value of a single Sales Contract and shall apply to such Contract. The discount shall be granted as a percentage value established in the Seller's discount policy.
- The condition of granting a permanent discount is concluding sales contracts for the amount of turnover, as set forth in the Seller's discount policy, within 12 months before the turnover is calculated. Turnover recalculation takes place immediately after the conclusion of each Sales Contract and includes its value. The Customer discount shall be calculated on the value of a single Sales Contract and applies to that contract. The discount shall be granted as a percentage value established in the Seller's discount policy.
- The condition of granting a discount for personal collection is concluding a single Sales Contract for the amount set forth in the Seller's discount policy, paying the contractual amount at the latest at the time of issuing the Goods and their personal collection. The discount shall be calculated on the value of a single contract of Sale and applies to this contract. The discount shall be granted as a percentage value established in the Seller's discount policy.
- The condition of granting a discount on payment for Delivery is concluding a single Sales Contract for the amount set forth in the Seller's discount policy, paying the contractual fee no later than at the time of the release of the Goods and their delivery by Carrier. Discount shall be calculated based on the value of a single Sales Contract and in relation to this contract. The discount shall be granted in the nominal value of the amount due for the Delivery of the Goods.
- The amounts which are the basis for calculating discounts shall not include amounts due under sale prices, i.e. for undervalued Goods or out-of-season deliveries, as well as amounts paid after the due date.
- The Seller's discount policy shall contain information on types of discounts, their percentage values and the basis for their calculation, with particular emphasis on whether the basis for calculation of a given discount is the net or gross value.
- The Seller shall make the discount policy available at www.bomm.pl/pl/polityka-rabatowa.
- The discount programme may be terminated at any time by means of posting the appropriate information on the Store website, subject to a 30-day notice period.
- The subject of this Newsletter Service is the sending of commercial information to the Customer’s e-mail address by the Seller.
- In order to order the Newsletter Service, it is necessary to use the proper newsletter activation field in the registration form or in another form made available by the Seller on the Shop website.
- A prerequisite for ordering the Newsletter Service is the provision of the Customer’s e-mail address. The provision of such data is voluntary, although it is necessary in order to provide the Service and conclude an agreement on its subject.
- Before sending the Newsletter Service order form, the Customer may, by ticking the appropriate checkbox, voluntarily declare that they agree to the processing of their personal data by the Seller for marketing purposes.
- The Seller informs that the marketing purposes indicated above may include in particular the sending of commercial information using the Customer’s contact details by the Seller. The consent referred to in the above point may be withdrawn at any time.
- The Newsletter Service order form is sent to the Seller with the use and via the Shop functionality.
- The Newsletter Service Agreement is concluded for an indefinite period of time once the Seller confirms the Customer’s subscription to the newsletter list.
- The Newsletter Service Agreement may be terminated without cause and at any time, using one of the following methods: the functionality of the Shop or unsubscription via the deactivation link located in the newsletter messages area, as well as by sending the Customer’s statement in this regard to the Seller, e.g. in an e-mail or a letter.
- Complaints may be filed under warranty.
- A complaint may be submitted by letter or e-mail to the postal or electronic address of the Seller. It can be filed using a form, the specimen of which is attached to the Terms and Conditions, although it is not mandatory.
- It is recommended for the complaint to include:
- the contact details of the Consumer, which will be used to respond to the complaint and for the purposes of the related correspondence,
- the Consumer's bank account number, which will be used to return the funds, where necessary,
- a description of the problem and identification data of the Consumer.
- In the event where a complaint under warranty concerns the Goods, in order for the Seller to consider the complaint, the Consumer is obliged to deliver or send the Goods to the address of the Seller, at their expense.
- The Seller considers complaints within 14 days from the date of notification.
- The Seller shall inform the Consumer about the method of consideration of the received complaint by e-mail or regular mail, depending on the Consumer’s wish or the method used by them to lodge the complaint.
- In the case where the complaint under warranty refers to Goods that have to be sent to the Consumer after the consideration of the complaint, the Seller shall deliver or send the Goods to the Consumer's address.
- The return of funds in connection with the complaint shall be made by bank transfer or postal order, according to the Consumer’s wish.
§11. Out-of-court complaint handling and redress
- A Consumer is entitled to use the following out-of-court complaint handling and redressal methods:
- submitting an application for resolution of a dispute arising from a Sales Agreement to a permanent consumer arbitration court operating at the Trade Inspection, whose address, in terms of jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, maintained at https://www.uokik.gov.pl/wazne_adresy.php#faq596,
- submitting an application for mediation proceedings for an amicable settlement of a dispute between the Consumer and the Seller to the regional inspector of the Trade Inspection, whose address, in view of its jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, maintained at https://www.uokik.gov.pl/wazne_adresy.php#faq595,
- using the assistance of a district or municipal consumer ombudsman or a social organisation whose statutory tasks include protecting consumers,
- submitting a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
- Detailed information about the procedure for out-of-court complaint handling and redress as well as the rules of access to these procedures can be found at the offices and websites of the entities listed in point 1.
- The list of entities and institutions that carry out tasks related to out-of-court resolution of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection, available at https://www.uokik.gov.pl.
Art. 12. Withdrawal from the contract.
- The provisions on the right of withdrawal by Consumers contained herein shall apply to any natural person, concluding a contract directly related to their business activity, if it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available based on the provisions of the Central Register and Information on Business Activity.
- The consumer may withdraw from the contract within 14 days of the date thereof – including from the Sales contract – without giving any reason, subject to the standards indicated in the notice of withdrawal, which is attached to the Regulations.
- Consumers may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration may be submitted using a dedicated form, a specimen of which is attached to the Regulations.
- Immediately and in any case no later than within 14 days from the date on which the Consumer withdraws from the contract, the Consumer shall return the Goods to the Seller or hand them over to a person authorised by the Seller. To meet the deadline, it is enough to ship out the Goods before its expiry. This provision shall not apply if the Seller has offered to collect the Goods himself.
- The Seller undertakes to collect the Goods at his own expense when the Goods cannot be returned in the normal way by post due to their nature and if the Goods were delivered to the place where the Consumer resided at the time of the conclusion of the Sale Contract.
- The Consumer shall be liable for any decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to determine their nature, characteristics and functioning.
- Should the Contract be terminated, it shall be deemed null and void. In cases where the Consumer submits a declaration of withdrawal from the contract before the Seller accepts his offer, the offer shall cease to be binding.
Art. 13. Data processing and cookies.
Art. 14. Licence conditions.
- The Seller shall grant to Customers who use the Store a free licence for their personal use and to enable the use of the Store, subject to the hereby conditions.
- The Store, its name, graphic design, structure, source or compiled code, websites used to operate the Store and any documents developed by the Seller in connection with making the Store available, including related works and the Regulations and other documents or messages sent in connection with the provision of services, constitute works within the meaning of the copyright law. The Seller shall not transfer to the Customer proprietary copyrights to the Store or any works constituting its part, or the right to grant permits regarding the disposal and use of proprietary copyrights to these works or the Store, as well as to exercise other dependent rights, not reserved in the licence conditions.
- The right to use the Store and related works shall be valid in the following fields of use: saving and reading in the memory of a telecommunications device at a place and time chosen by the Customer, and access and display via a telecommunications device in a place and time chosen by the Customer.
- The customer may not: rent, lease or resell works or any part of them, as well as create derivative works based on them, change works, delete information about property rights or copyrights that may appear in the area of works, nor may he use the work for purposes violating the applicable provisions of common law or ethical and moral standards.
- The licence shall be unlimited in time, and territory and non-exclusive, and shall apply to the entire Store and related works. The Seller shall retain the exclusive rights to decide to maintain the integrity of the Store.
- By publishing any content in the Store, and particularly comments or feedback, the Customer shall grant the Seller licence for their use in the following fields of use, which shall be free, non-exclusive and unlimited in time and territory: publication on the Store's website, saving and reading in the memory of a telecommunications device at a place and time chosen by the Seller and access and display via a telecommunications device at a place and time selected by them, while retaining the right to granting a sublicence, as referred to in the points above, to enable customers to use the Store.
- The customer acknowledges that it is forbidden to deliver to the Store or via the Store such content as
- unlawful content,
- which may mislead other Customers,
- content violating personal rights of customers,
- the Seller or third parties, content commonly considered offensive, vulgar or violating good manners, in particular: pornographic content, content promoting drug use or excessive consumption of alcohol, content inciting to racism, xenophobia or hate speech.
- The Seller shall be entitled to remove or moderate any content that violates the provisions of the Regulations.
Art. 15. Validity of and amendments to the regulations.
- The regulations come into force within 3 days from the date of their publication on the Store's website.
- Amendments to the Regulations may occur due to a change in the law regarding the subject of the provision of Services, as well as due to technical or organizational changes regarding the services provided by the Seller.
- The Regulations may be changed by publishing their new content on the website of the Store.
- Amendments to the Regulations shall not apply to Sales contracts concluded before the date of such amendments.
- Information on the amendment to the Regulations shall be placed on the Store's website 3 days before the effective date of the new wording.
- If the parties are bound by an agreement concluded for an indefinite period, the Seller shall send information about the amendment to the Regulations electronically.
Art. 16. Final provisions.
- The meaning of capitalised terms is consistent with the explanations in the part describing the definitions used in the Regulations.
- The Seller shall not be responsible for:
- interruptions in the proper functioning of the Store and improper provision of Services, caused by force majeure, in relation to non-Consumer Customers,
- interruptions in the proper functioning of the Store and improper performance of Services to non-Consumer Customers, caused by technical activities or the cause of the entities through which the Seller provides the Services,
- benefits lost by Customers who are not Consumers.
- If no amicable settlement of the dispute can be made between the Seller and a non-Consumer Customer or Consumer residing outside the territory of the Republic of Poland, if the provisions of their domestic law allow for such a possibility, the competent court for its decision shall be the court competent for the registered office of the Seller.
- In relation to non-Consumer Customers or Consumers residing outside the territory of the Republic of Poland, if the provisions of their domestic law allow for such a possibility, the law governing the contract concluded with the Seller and the settlement of disputes related thereto shall be the law of the Republic of Poland.
- The provisions of the Regulations are not intended to exclude or limit Consumer Customers rights resulting from the provisions of generally applicable local law.
- In relation to contracts concluded with the Seller, in the event of non-compliance of the Regulations with the laws and regulations generally applicable in the consumer's country, such laws and regulations shall apply.
- If the provisions of the Regulations prove to be invalid or ineffective, this shall not affect the validity and effectiveness of other provisions of the Regulations. Instead of invalid or ineffective provisions, a standard corresponding to what the parties have agreed to or what they would have agreed to if they had included such a provision in the Regulations shall apply.
Art. 17. Definitions used in the regulations.
Working days are days of the week from Monday to Friday, excluding public holidays.
Delivery is the process of delivering the Goods to the Customer to the destination indicated by him, carried out by the Carrier.
A Customer is a natural person who has the full legal capacity or limited legal capacity in cases regulated by generally applicable law or subject to the consent of a legal representative, as well as a legal person or an organizational unit without legal personality, for which the provisions of generally applicable law grant legal capacity legal, who concludes a contract with the Seller for the provision of the Service.
The Customer Account is a panel that allows Customers to manage orders via the Store, provided that they have signed up and signed in.
A Consumer is a Customer who is a natural person and concludes a contract for purposes not directly related to his business or professional activity.
The Cart is a Store functionality that allows the Customer to complete orders for Goods.
A Carrier is an entity providing Goods delivery services in cooperation with the Seller.
The Regulations are the hereby contractual conditions, the subject of which is the provision of Services by electronic means by the Seller to the Customers, via the Store.
The Store is a store run by the Seller via a website available at Bomm.pl.
The Seller is Bomm sp. z o.o. sp. k. with its registered office in Lubiczów (05-082) at ul. Warszawska 77, entered into the Register of Entrepreneurs of the National Court Register under the KRS No.: 0000600819, NIP: 1182118988 and REGON: 363690816, who is the service provider, administrator and owner of the Store. To contact the Seller, please call +48 (22) 722 04 15 or send an e-mail to firstname.lastname@example.org.
Sales is a Service for the sale of Goods, provided by the Seller to the Customer, the subject of which is the Seller's obligation to transfer ownership of the Goods to the Customer and their release, and the Customer's obligation to collect the Goods and pay the Seller the indicated price.
Goods are items presented in the Store by the Seller for Sale.
Service is a service provided by the Seller to the Customer, based on a contract concluded between the parties via the Store. The conclusion of the contract takes place within the framework of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.