Terms and Conditions
determining i.a. terms of concluding contracts through the Shop, containing the most important information about the Seller, the Shop and Consumer rights.
SELLER’S CONTACT DETAILS
1. Postal address: ul. Graniczna 31, 63-600 Kepno, Poland
2. E-mail address: hello@blosmi.com
3. Address for returning goods (in the case of withdrawal from the contract): Blosmi, Rzetnia 2A, 63-600 Kepno, Poland
4. Address for shipping goods which are subject to complaints: Blosmi, Rzetnia 2A, 63-600 Kepno, Poland
PURCHASING AT THE SHOP
1. The prices of the products displayed at the Shop are the total prices.
2. The total price displayed at the Shop includes: price of the product and delivery cost – if applicable.
3. The Buyer first adds the chosen product to the Shop cart.
4. Then the Buyer chooses the means of delivery and payment available at the Shop and also provides any data necessary for the performing of the order.
5. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
6. Placing the order is tantamount to conclusion of the contract between the Buyer and the Seller.
PERFORMING ORDERS
1. The Seller is obliged to deliver the product without any defects.
2. The time for order fulfilment is specified at the Shop.
3. If the Buyer chooses to pay for the order in advance, the Seller will commence fulfilment of the order after having received the payment.
4. If multiple products are ordered by the Buyer in one order, the order will be performed in the time corresponding to the product with the longest time for order fulfilment.
5. Products purchased at the Shop are delivered, depending on the mean of delivery chosen by the Buyer:
- via a delivery company.
RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. A Consumer has the right to withdraw from this contract within 14 days without giving any reason, subject to section 8 of the Terms and Conditions.
2. The withdrawal period will expire after 14 days from the day:
- on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods – in the case of a sales contract;
- on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the last good – in the case of a contract relating to multiple goods ordered by the Consumer in one order and delivered separately.
3. To exercise the right of withdrawal, Consumer must inform the Seller, using the data specified in section "Seller's contact details" of the Terms and Conditions, of his/her decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by e-mail).
4. To meet the withdrawal deadline, it is sufficient for the Consumer to send his/her communication concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
5. If the Consumer withdraws from this contract, the Consumer will be reimbursed all payments received from him/her, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Consumer's decision to withdraw from this contract.
5. The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
6. The Seller may withhold reimbursement until the Seller has received the goods back.
7. The Consumer shall send the goods back or hand them over to the Seller to the following address: Blosmi, Rzetnia 2A, 63-600 Kepno, Poland, Poland without undue delay and in any event not later than 14 days from the day on which the Consumer communicates his/her withdrawal from this contract to the Seller. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
8. The Consumer will bear the direct cost of returning the goods.
9. The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the good.
10. If the funds from a transaction made by a payment card have to be returned, the Seller will make the refund to the bank account assigned to that payment card.
EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL
The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:
- the supply of goods made to the Consumer’s specifications or clearly personalised;
the supply of goods which are liable to deteriorate or expire rapidly (e.g. dried flowers);
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period.
COMPLAINTS
GENERAL PROVISIONS
1. The Seller requests that complaints be addressed to the postal address or e-mail address specified in section 2 of the Terms and Conditions.
2. If any additional guarantee was provided for the product, the information about it and about its conditions is available at the Shop.
3. Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in the Terms and Conditions.
4. Unless otherwise specified in this section (regarding complaints), the Seller will review the complaint within the period of 30 days.
CONSUMERS
A. Goods
1. The Seller is liable to the Consumer for any lack of conformity of the goods with the contract, which exists at the time when the goods were delivered and which becomes apparent within two years of that time - subject to the Terms and Conditions.
2. In the case of a lack of conformity of the good, the Consumer can - on the principles laid down in the Directive:
- demand a replacement;
- demand a repair.
3. In addition, the Consumer may - on the principles laid down in the Directive:
- make a statement to the Seller expressing the decision to terminate the contract;
- claim a price reduction
in a situation when:
- the Seller has not completed repair or replacement or, where applicable, has not completed repair or replacement in accordance with Article 14(2) and (3) of the Directive, or the Seller has refused to bring the goods into conformity in accordance with Article 13(3) of the Directive;
- a lack of conformity appears despite the Seller having attempted to bring the goods into conformity;
- the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract; or
- the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the Consumer.
4. The Consumer shall not be entitled to terminate the contract on the basis of this section (regarding goods) if the lack of conformity is only minor.
5. Where the lack of conformity of the goods with the contract is to be remedied by repair or replacement of the goods, the Consumer shall make the goods available to the Seller. The Seller shall take back the replaced goods at the Seller’s expense.
6. In the event of termination of the contract for the purchase of goods by the Consumer, the Consumer shall return the goods to the Seller without undue delay at Seller’s expense, to the address Blosmi, Rzetnia 2A, 63-600 Kepno, Poland. The Seller shall reimburse to the Consumer the price paid for the goods without undue delay, but not later than within 14 days of receipt of goods or evidence provided by the Consumer of having sent back the goods - subject to section 11(3) of the Terms and Conditions.
7. The Seller shall reimburse to the Consumer the amounts due as a result of exercising the right to price reduction without undue delay, but not later than within 14 days from the day on which the Consumer communicates his/her price reduction claim to the Seller - subject to section 11(3) of the Terms and Conditions.
B. Out-of-court complaint and redress mechanism
1. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
a) assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default. A list of Consumer Centres competent for each country can be found at: https://konsument.gov.pl/eck-w-europie/;
b) Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
2. Furthermore, the following support options are available in the Republic of Poland:
a) mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
b) assistance of the locally competent permanent Consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
c) free-of-charge assistance of the municipal or poviat consumer advocate.
RESTRICTIONS
1. The Buyer is forbidden to provide content of illegal nature.
2. Each order placed at the Shop requires conclusion of a separate contract and separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of order fulfilment.
3. Any contract concluded on the basis of the Terms and Conditions is governed by the provisions of the Polish law, unless it waives or restricts the right of protection given to the Consumer by mandatory provisions of law that would be applicable if it weren’t for the choice of law. In these cases the provisions most favourable to the Consumer shall prevail.
4. The contracts concluded through the Shop are concluded in English.
5. No regulation of the present Terms and Conditions waives or restricts in any way the Consumer rights imposed by the provisions of law.
