Terms and conditions

2018-01-01

§ 1
General Provisions

Online Shop available on website www.browin.pl is administrated by BROWIN limited with company’s residence in 129/141 Pryncypalna Street in Łódź (post code: 93-373). The company is registered in the Enterprise Register by the District Court (Łódź-Śródmieście) in Łódź XX Commercial Division of the National Court Register. KRS: 0000459418. The company’s NIP: PL 729-268-73-25 and Regon: 101003641.

postal address: ul. Pryncypalna 129/141, 93-373 Łódź
e-mail address: salon@browin.pl
fax: + 48 42 23 23 295
customer service center: +48 42 23 23 230; +48 42 23 23 231 – available from Monday to Friday between 8:00 and 16:00/8 AM and 4 PM

Whenever the following terms are used they should be understood as:
BROWIN - BROWIN limited with company’s residence in 129/141 Pryncypalna Street in Łódź (post code: 93-373). The company is registered in the Enterprise Register by the District Court (Łódź-Śródmieście) in Łódź XX Commercial Division of the National Court Register. KRS: 0000459418. The company’s NIP: PL 729-268-73-25 and Regon: 101003641.
Online Shop – online shop administrated by BROWIN available on website browin.pl
Customer – natural person who is above the age of 13, but if they are under the age of majority in their jurisdiction, involvement of a parent or guardian is required.
Consumer – client who is a natural person who pursues legal acts with BROWIN that is not directly connected to their economic nor professional activity, especially the one who places the order in the online shop. ;
Lead/delivery time – number of work days during which BROWIN completes the order placed in the online shop by the customer and passes purchased goods on to courier company or postal operator. ;
Work days – days between Monday and Friday with the exception of bank holidays;
Salon - shop located in 129/141 Pryncypalna Street.
Order – client’s declaration of will made towards BROWIN via online shop, e-mail or telephone. The declaration should consist of: type and amount of the commodity from stock of online shop at the moment of placing an order; method of payment; mode of delivery; and client’s information.;

1. This Regulation states the rules of Online Shop, especially rules of concluding agreements made via online shop; rules of executing agreements and rules of complaints procedure.

2. All of the commodity available in Online Shop’s stock is brand-new

3. In order to use Online Shop, it is vital to fulfill the following technical requirements:

  • have a computer or other device with internet connection
  • have an internet browser with enabled JavaScript and cookies:
    • Microsoft Edge, 40.0 version or higher
    • Google Chrome, 71.0 version or higher
    • Opera, 57.0 version or higher
    • Safari, 12.0 version or higher
  • have an active e-mail account;

4. In order to provide security of statements and data transmitted in Online Shop we take technical and organizational measures adequate to the level of danger, especially measures which prevent sourcing and modification of personal data that are being transmitted online. BROWIN provides security of data transmitted in Online Shop through using SSL record (SecureSocketLayer).

5. Customer using Online Shop is obliged to:

  1. using Online Shop in compliance with the legal acts and the provisions of the regulation;
  2. using Online Shop in compliance with public decency and respect towards personal rights of other persons;
  3. using Online Shop in a manner not interfering with shop’s functioning;
  4. using all of the content in Online Shop only for personal-use purposes;

§ 2
Registration and logging in

To place orders in Online Shop, you must complete the Registration Application, agree to be bound by this Agreement, and pay to the Company all applicable fees. In its sole discretion, the Company may refuse to accept an application or limit the use of the Online Shop. The Company may also revoke access to the Online Shop because of misuse of the Online Shop or for breach of this Agreement.

§ 3
Placing orders

All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in order cancellation. Prior to accepting an order, we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud checks. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. BROWIN may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).

BROWIN reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. BROWIN also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, reselling shall be defined as purchasing or intending to purchase any product(s) from BROWIN for the purpose of engaging in a commercial sale of that same product(s) with a third party.

§ 4
Pricing

1. Prices of the commodity presented in Online Shop are in polish zloty and are gross prices which means they include the VAT tax.

2. There is a receipt enclosed to every order. On request of the customer there can be an invoice enclosed instead of the receipt. In order to issue an invoice the customer needs to provide their NIP.

3. Commodity prices do not include the shipping costs. Total value of the order incorporates price of the order and shipment costs.

4. Information about the price and important features are available on the website of the Online Shop.

5. The binding and final price is the one given in the “Cart” in the summary of your order at the time of placing an order via Online Shop.

6. BROWIN reserves the right to limit the payment methods in some cases. For instance to exclude the “pay on delivery” or “advance payment” methods.

§ 5
Payment methods

1. Customer can choose from the following payment methods:

  1. With cash while collecting the order (pay on delivery)
  2. With cash or payment/bank card (Visa, Visa Electron, MasterCard, Maestro) or with a credit card (Visa, MasterCard) – in the Salon
  3. Prior to the delivery of the order (advance payment) – online bank transfer

2.Customer can combine the given methods only if the delivery is to the Salon.

3. Customer who has chosen “advance payment” ought to pay the final price right after receiving an e-mail with confirmation of the order.

4. Customer who has chosen “pay on delivery” is obliged to pay on delivery of the order.

5. Parcels delivered by the courier company are insured.

6. Before confirming the delivery customer is obliged to check the packaging for any possible flaws or damages (especially the tapes and security labels). In case of any problems with the packaging or security labels the Customer should not accept the parcel and prepare a statement of damage at presence of a postal worker or a courier and contact BROWIN immediately. Failure to acknowledge any abnormalities in terms of quantitative or qualitative state of the parcel on delivery may influence the result of examinations of claim.

§ 6
Order executions and costs of delivery

1. Goods ordered via Online Shop are shipped within the territory of Poland. Shipment to other countries can be conducted but only after individual agreement with the Customer.

2. If the order is to be shipped within the territory of Poland the commodity will be delivered in one (chosen by the Customer) of the following ways:

  1. By courier company DPD Strefa Paczki Sp. z o.o., DPD Polska Sp. z o.o. or Schenker Sp. z o.o. – to the provided address
  2. By postal operator Poczta Polska S.A. with residence in Warsaw – to the provided address
Glass articles are only delivered by the courier company.

3. Commodity ordered via Online Shop are shipped to the place chosen by the Customer.

4. Costs of shipment are stated in the customs tariff available on the website.

5. Lead time is 4 work days counting from:

  1. Pay on delivery – the day of receiving the e-mail with confirmation of the order from BROWIN.
  2. Advance payment – the day of BROWIN getting the confirmation of bank transfer from the Customer.

6. If the Customer choses to collect the order in the Salon they will be notified, when the package is ready to be collected, via e-mail.

7. To collect the order in the Salon Client is obliged to provide the order number, received in one of the e-mails from BROWIN notifying about the package being ready to be collected.

8. The ordered commodity will be available collect for 7 work days counting from the day of Customer receiving the notification e-mail.

9. If the Customer is not able to collect the order in the given time frame the Customer and BROWN can set a different date of collecting the order.

10. If the Customer does not collect the order in the time frames mentioned in points 8 and 9 BROWIN reserves the right to cancel this order.

11. The goods ordered form the Online Shop are delivered with an invoice concluding the order and the shipment costs.

12. BROWIN does not take any responsibility for failure of delivery or delivery delay caused by the provided address being erroneous or inaccurate.

§ 7
Termination of the contract

1.According to the law act of 30 May 2014 about the consumer rights (Dz.U. z 2014 r. poz. 827 z późn. zm.) Consumer has the right to terminate the agreement within 14 days from concluding it, without providing any reasoning nor without bearing any costs.

2. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

3. These Terms and Conditions are effective unless and until terminated by either the Customer or BROWIN. Customer may terminate these Terms and Conditions at any time by notifying BROWIN that they no longer wish to use BROWIN’s Services, or when they cease using BROWIN’s site.

4.If in BROWIN’s sole judgment the Customer fails, or BROWIN suspects that Customer has failed, to comply with any term or provision of these Terms and Conditions, BROWIN also may terminate this agreement at any time without notice and the Client will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny Client’s access to BROWIN’s Services (or any part thereof).

§ 8
Complaints handling

1. BROWIN is obliged to provide Customers with commodity without any physical nor legal defects. BROWIN is liable/bears responsibility for any defects of the commodity. This liability is determined in the legal act of 23 April 1964 (civil code Dz. U. z 2014, poz. 121 z późn. zm.)

2. The complaint can be submitted in the Salon or as a letter sent to BROWIN Sp. z o.o. Sp.k., 129/141 Pryncypalna Street, 93-373 Łódź with a note „Complaint”.

3. Complaint can be submitted through the complaint form available on the webpage of Online Shop (www.browin.pl). Customer does not have to use it. It is just a sample.

4. Customer using their rights in virtue of warranty is obliged (at BROWIN’s cost) to deliver the deficient product to the place stated in point no. 2.

5. BROWIN will handle and respond to the complaint within 14 days of receiving the complaint.

6. Complaints concerning online services can be submitted:

  1. Via postal services to address 129/141 Pryncypalna Street, 93-373 Łódź
  2. Via e-mail to address salon@browin.pl
  3. By calling the customer service center + 48 42 23 23 230; +48 42 23 23 231

7. Complaints concerning online services should include: description of matter of the complaint, e-mail address, the way Customer wishes to be informed about the result of complaint handling.

§ 9
Personal data and privacy policy

1. Personal data provided by the Users is protected/secured by BBOWIN according to the Regulations of the European Parliament and the Council of the EU 2016/679 of 27 April 2016 concerning security of natural persons in terms of processing personal data and flow of such information as well as the repeal of Directive 95/46/WE (later: RODO).

2. Personal data provided by the User during the registration process or during placing orders are processed by BROWIN limited with company’s residence in 129/141 Pryncypalna Street in Łódź (post code: 93-373). The company is registered in the Enterprise Register by the District Court (Łódź-Śródmieście) in Łódź XX Commercial Division of the National Court Register. KRS: 0000459418 which is the administrator of personal data. BROWIN has not appointed a Personal Data Inspector. The contact person is an authorized representative for personal data. All matters concerning personal data can be referred to:

  1. Postal address: 129/141 Pryncypalna Street (93-373)
  2. E-mail address:  iodo@browin.pl
  3. Fax: +48422323293
  4. Customer service center: +48 42 23 23 230; +48 42 23 23 231 (Mon-Fri 8:00-16:00)

3. Providing personal information is not obligatory, however some features of the Website (ex. placing orders) require this data in order to conclude the agreement and fulfill the legal regulations. Choosing not to provide personal data will equal not being able to conclude the agreement nor to discharge the legal obligations of BROWIN.

4. The User of the Website may be asked to provide the following information: first and last name, address, telephone number, e-mail address, password. Personal data that is crucial for using some features of the Website is always differentiated from the data that can be provided voluntarily.

5. Agreeing to personal data processing for a certain purpose happens after the User fills in a given box.

6. BROWIN may process Users’ personal data for the following purposes:

  1. Taking actions which will later result in signing an agreement between the User and BROWIN (legal base: art. 6 ust. 1 lit. a RODO, art. 6 ust 1 lit b RODO)
  2. Conducting a signed agreement between User and BROWIN (legal base: art. 6 ust. 1 lit. b RODO)
  3. Discharging the legal obligations of BROWIN, ex. obligation to issue an invoice or a different document required by the law; or when it is clearly written in the legal act (legal base: art. 6 ust. 1 lit. c RODO)
  4. Investigating and protecting from possible claims resulting from a signed agreement.
  5. Personalized direct marketing of commodities and services offered by BROWIN and also for statistical purposes – only in case of the User’s previous permission (legal base: art. 6 ust. 1 lit. a RODO, art. 6 ust. 1 lit. b RODO).

7. The User’s personal data will be given to other recipients like: postal operators, haulers, carriers, providers, supporting information and communication services, persons providing legal and eviction services.

8. The User’s personal information will not be conveyed to third-party countries nor to international organizations.

9. Users’ personal data will be stored during the conduct of the agreement concluded witch BROWIN and after its execution for the time period necessary for ensuring possible claims (ex. compliant services) and for discharging the legal obligations of BROWIN. In the event of withdrawing the approval for personal data processing or submitting objection by the Client personal information will be stored resp. until the withdrawal of the approval or submitting objection. If the information processing process is executed on the grounds of law the data will be stored for the time period stated in the specific laws.

10. Rights appertaining to the User:

  1. Right to the access to your data (podstawa prawna: art. 15 RODO);
  2. Right to rectification of the data (podstawa prawna: art. 16 RODO);
  3. Right to deleting the data (podstawa prawna: art. 17 RODO);
  4. Right to restricting data processing (podstawa prawna: art. 18 RODO);
  5. Right to exporting data (podstawa prawna: art. 20 RODO);
  6. Right to lodging an opposition to data processing (podstawa prawna: art. 21 RODO).
Additionally, in cases when data processing happens on the grounds of the User’s consent (art. 6 ust. lit. a RODO), User has the right to withdraw the consent at any moment. The withdrawal has no impact on the legality of personal data processing before the withdrawal of the consent.

11. The User has the right to report complaints to the supervisory authorities specialized in personal data security.

12. Personal information will not be processed in an automated way, including the profiling form.

13. BROWIN uses cookies that are little text files which are stored on the browser or hard drive of a computer or mobile device when the User visits the Website. Cookies work to make the User’s experience browsing the Website as smooth as possible and they remember the User’s preferences so one does not have to insert their details multiple times.

14. Cookies collect data concerning the Website use and their main aim is to make using the Website easier for the User, customizing pages of the Website for the needs and expectations of the User (customization of the subpages of the Website), examining the Users’ traffic on the Website.

15. Cookies are used on the Website with the User’s consent. The consent can be given by the User through certain operating system settings, especially the web browser, that is installed on the device used to browse the Website by the User.

16. The User can also limit or turn off cookies in their browser so that it disables cookies completely or warns the User before saving them on the device. In that case use of the Website may be less efficient, the User will not have the access to all of the content of the Website and in extreme cases the popper Website loading may be completely blocked.

§ 10
Final provisions

1. All of the agreements concluded via Online Shop are in Polish.

2. BROWIN reserves the right to modify these regulations due to legal or organizational reasons. Every Customer will be notified about the modifications not later than 14 days prior to the modifications entering into force.

3. In case of any modifications entering into force, all of the agreements concluded prior to those amendments will be executed according to the previous terms and conditions form.

8. Attachments:

  1. information about the right to terminate the agreement - Załącznik nr 1;
  2. sample agreement termination form - Załącznik nr 2;
  3. sample complaint submission - Załącznik nr 3.

...bo domowe jest lepsze!