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STATUE

I. General information

These Regulations define the general conditions and method of sale conducted via the bohemavintage.com Online Store, later referred to as the Online Store. The store is run by Elżbieta Zabawa-Łukasz, running a business under the name Bohema Vintage Elżbieta Zabawa-Łukasz, entered in the CEIDG register of entrepreneurs, NIP: 9930620405, hereinafter referred to as the Seller.

 

II. Definitions

The terms used in these regulations mean:

  1. Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Online Store.

  2. Account - a part of the online store assigned to a given customer, by means of which the customer can perform specific activities within the online store.

  3. Goods - a product presented in the Online Store, which is not brand new, but used and may therefore have slight traces of previous use. The description of the goods is available for each of the presented products.

  4. Sales contract - a contract for the sale of goods within the meaning of the Civil Code, concluded between the Seller and the Customer.

  5. Order - Customer's declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

  6. Consumer - a customer who is a consumer within the meaning of art. 22 [1] of the Civil Code.

  7. Entrepreneur - a customer who is an entrepreneur within the meaning of art. 43 [1] of the Civil Code.

 

III. Procedure for concluding a Sales Agreement

  1. Information about available items provided on the Store's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of art. 71 of the Civil Code.

  2. Placing an Order in the Online Store may take place:

  • through the Account created in the Online Store

  • without registration, where the Customer should provide his personal data for the purpose of shipping the Goods

  1. The order is placed by the Customer in electronic form and constitutes an offer to conclude a Contract for the sale of the Goods being the subject of the Order. An offer submitted in electronic form is binding for the Customer, if the Seller sends a confirmation of acceptance for the Order completion to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer, and upon its receipt by the Customer, a Sales Agreement is concluded.

  2. The conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at that moment the Sales Agreement is concluded.

  3. The sales contract is concluded in Polish or English.

 

IV. Delivery

  1. The delivery of the Goods is limited to the territory of the European Union, Albania, Belarus, Bosnia and Herzegovina, Iceland, Israel, Liechtenstein, Macedonia, Norway, Russia, Serbia, Switzerland, Turkey, Ukraine, Great Britain.

  2. The delivery is made to the address indicated by the Customer when placing the Order.

  3. The Customer may choose the following forms of delivery of the ordered Goods:

    • for international orders - via Poczta Polska, to the address indicated

    • for domestic orders - via InPost, to the parcel locker indicated by the customer

  4. The Seller on the Store's websites, when placing the order, informs the Customer about the number of working days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.

 

V. Prices and Payment Methods

  1. The prices of items available in the Bohemavintage.com store are given in Polish zlotys.

  2. The customer can choose the following payment methods:

    • transfer to the Seller's bank account

    • electronic payment in the Przelewy24 system

    • electronic payment by credit or debit card

  3. The Seller on the Store's websites informs the Customer about the date on which he is obliged to pay for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller may withdraw from the Agreement pursuant to art. 491 of the Civil Code.

 

VI.  Right to withdraw from the Agreement

  1. The Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.

  2. The 14-day period is counted from the day on which the Goods were delivered or, in the case of the Contract for the provision of Services, from the date of its conclusion.

  3. The return of the Goods purchased remotely should take place immediately, not later than within 14 days. The purchased Goods should be returned to the address provided by the Seller.

  4. The returned Goods should be sent back with their original labels, unchanged, showing no traces of use beyond what is necessary to establish the nature, characteristics and functioning of the product, with a fiscal receipt attached.

  5. The Seller, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, will return to the Consumer all payments made by him, including the costs of delivering the Goods.

  6. The Seller may withhold the reimbursement of payments received from the Customer until receipt of the return shipment with the Goods.

  7. The returned order or part of it should be sent to the parcel locker: KRA35M (Kalwaryjska 9, 30-509 Kraków), Bohema Vintage, Mail: bohemavintage@gmail.com, Tel: 723 745 033 or by post/courier to: Bohema Vintage, ul. Kalwaryjska 32, 30-509 Kraków.

 

VII. Complaints 

  1. The Seller is liable to the Customer of the online store under the warranty for defects of the Goods that are inconsistent with the description or photos posted on the website www.bohemavintage.com, withdrawing from the sales contract.

  2. In the event of a defect in the product other than that described on the Online Store website, the Customer should report the advertised product in writing or by e-mail, by describing the product's non-compliance with the contract and specifying his claim.

  3. The seller undertakes to consider the complaint within 14 days from the moment of providing information about the complaint. If the Seller does not reply within the above-mentioned period, the complaint is considered justified.

  4. The parties exclude the seller's liability under the warranty if the buyer is an entrepreneur.

  5. The seller reserves that the differences in the photos of the products and resulting from the individual settings of the client's computer (color, proportions, etc.) may not be the basis for a complaint.

  6. Each Product is unique, therefore, if the complaint is accepted, it is not possible to replace the Product with the same, but not defective item.

 

VIII. Personal data protection

The personal data provided by customers is collected and processed by the Seller in accordance with applicable law and in accordance with the Privacy Policy, which is available on the bohemavintage.com website together with the Regulations.

 

IX. Final Provisions

  1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, website of the Online Store, as well as to forms, logos belong to the Seller, and their use may only take place in a specified and consistent manner. Regulations.

  2. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply. ​

PRIVACY POLICY AND "COOKIES"

I. General information

This document defines the rules of the Privacy Policy in the Online Store, the administrator of which is Elżbieta Zabawa-Łukasz, who runs a business under the name of Bohema Vintage Elżbieta Zabawa-Łukasz, entered into the CEIDG register of entrepreneurs, NIP: 9930620405.

Personal data collected by the Administrator of the Online Store are processed in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27/04/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95 / 46 / EC (general regulation on data protection) (Journal of Laws UE L 119, p. 1), hereinafter referred to as: GDPR.

The Administrator of the Online Store makes special efforts to protect the privacy and information provided to him regarding the Customers of the Online Store. The administrator with due diligence selects and applies appropriate technical measures, including programming and organizational measures, ensuring the protection of the data being processed, in particular, protects the data against unauthorized disclosure, disclosure, loss and destruction, unauthorized modification, as well as against their processing in violation of applicable law.

The addressee of the possibility of using the Goods available on the website are not children under 16 years of age. The personal data administrator does not provide for the deliberate collection of data about children under 16 years of age.

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II. Data controller

The administrator of your personal data is:

Bohema Vintage Elżbieta Zabawa-Łukasz
ul. Kalwaryjska 32, 30-509 Kraków

NIP: 9930620405

In the matter of your personal data, you can contact the Personal Data Administrator by e-mail: bohemavintage@gmail.com

 

III. Personal data

Purposes and legal grounds for the processing of personal data

The personal data administrator processes your personal data for the following purposes and scope:

  • take action before concluding the contract at your request (e.g. setting up an account), i.e. data provided in the registration form in the Online Store, i.e. e-mail address and established password, gender; if the Account is registered via an external authentication service (e.g. Google+, Facebook), we collect your name and surname, and if you register when purchasing the Goods, we collect your name and surname and data provided for the purpose of order fulfillment, such as shipping address; in order to provide Services that require the creation of an Account, such as: keeping an order history, informing about the status of the order, we process your data provided in the Account and when purchasing the Goods;

  • in order to provide Services that do not require the creation of an Account and the purchase of Goods, i.e. browsing the websites of the Online Store, the Goods search engine, we process personal data regarding your activity in the Online Store, i.e. data on the Goods you browse, data on the session of your device, operating system, browser, location and unique ID, IP address;

  • in order to perform the contract for the sale of the Goods (e.g. delivery of the ordered Goods), we process the personal data provided by you when purchasing the Goods, such as name and surname, e-mail address, address details, payment details, and if you make a purchase via the Account, additionally established password;

  • in order to statistics on the use of individual functionalities available in the Online Store, facilitate the use of the Online Store and ensure IT security of the Online Store, we process personal data regarding your activity in the Online Store and the amount of time spent on each of the subpages in the Online Store, your search history, location , IP address, device ID, data regarding your web browser and operating system;

  • in order to establish, investigate and enforce claims and defend against claims in court proceedings and other enforcement authorities, we may process your personal data provided when purchasing Goods or setting up an Account and other data necessary to prove the existence of a claim or which result from a legal requirement, court order or other legal procedure;

  • in order to deal with complaints, complaints and requests and to answer customer questions, we process the personal data provided by you in the contact form, complaints, complaints and requests, or in order to answer questions contained in a different form and some personal data provided by you in the Account, as well as data regarding the order of the Goods and other Services we provide, which are the cause of the complaint, complaint or request, as well as data contained in the documents attached to the complaint, complaint and request;

  • for the purpose of marketing our Goods and Services as well as our clients and partners, including remarketing, for this purpose we process the personal data provided by you when creating the Account and its update, data on your activity in the Online Store, including orders that are registered and stored for via cookies, in particular order history, search history, clicks in the Online Store, login and registration dates, history and your activity related to our communication with you. In the case of remarketing, we use data about your activity in order to reach you with our marketing messages outside the Online Store and for this purpose we use the services of external suppliers. These services consist in displaying our messages on websites other than the Online Store. Details on this subject can be found in the records regarding cookies;

  • in order to organize contests and loyalty programs, i.e. notifications about accumulated points, notifications about winning and advertising our offer, we use your personal data provided in the Account and when registering for a competition or loyalty program. Detailed information on this subject is provided each time in the terms of participation of a given competition or loyalty program;

 

IV. Categories of Personal Data Relevant

The personal data controller processes the following categories of relevant personal data:

  • contact details;

  • data on activity in the Online Store;

  • data regarding orders in the Online Store;

  • data on complaints, complaints and requests;

  • data on marketing services.

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V. Voluntary provision of personal data

Providing the required personal data by you is voluntary and is a condition for the provision of services by the Personal Data Administrator via the Online Store.

​

VI. Time of data processing

Personal data will be processed for the period necessary to perform orders, services, marketing activities and other services performed for the client. Personal data will be deleted in the following cases:

  • when the data subject asks for their removal or withdraws the consent granted;

  • when the data subject does not take action for more than 10 years (inactive contact);

  • after receiving information that the stored data is out of date or inaccurate.

Some data in the scope of: e-mail address, name and surname, may be stored for the next 3 years for evidence purposes, consideration of complaints, complaints and claims related to the services provided by the Online Store - these data will not be used for marketing purposes.

Data regarding orders for Goods and paid services, contests and loyalty programs will be stored for a period of 5 years from the date of order delivery.

We store data on customers who are not logged in for a period of time corresponding to the life cycle of cookies stored on devices or until they are deleted on the customer's device by the customer.

Your personal data regarding preferences, behaviors and selection of marketing content may be used as a basis for making automated decisions to determine the sales opportunities of the Online Store.

​

VII. Recipients of personal data

Your personal data may be transferred to the following categories of recipients:

  • state authorities, e.g. the prosecutor's office, the Police, PUODO, the President of the Office of Competition and Consumer Protection, if they so request,

  • service providers, the use of which is necessary when running the Online Store, e.g. in order to fulfill an order. Depending on contractual arrangements and circumstances, these entities act on request or independently define the purposes and methods of their processing, the list of suppliers is presented below:

    •  InPost sp. z oo with its seat in Warsaw - Order fulfillment

    • Poczta Polska SA with its seat in Warsaw -  Order fulfillment

    • PayPro SA based in Poznań - Payments

    • mBank SA with its seat in Warsaw - Payments

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VIII. Rights of the data subject

Under the GDPR, you have the right to:

  • request access to your personal data;

  • request rectification of your personal data;

  • request the deletion of your personal data;

  • requests to limit the processing of personal data;

  • object to the processing of personal data;

  • requests for the transfer of personal data.

The personal data administrator, without undue delay - and in any case within one month of receiving the request - provides you with information about the actions taken in connection with your request. If necessary, the monthly period may be extended by another two months due to the complex nature of the request or the number of requests.

In any case, the Personal Data Administrator will inform you about such extension within one month of receiving the request, stating the reasons for the delay.

 

IX. The right to access personal data (Article 15 of the GDPR)

You have the right to obtain information from the Personal Data Administrator as to whether your personal data is being processed.

If the Administrator processes your personal data, you have the right to:

  • access to personal data;

  • obtain information about the purposes of processing, categories of personal data processed, about the recipients or categories of recipients of this data, the planned period of storage of your data or the criteria for determining this period, about your rights under the GDPR and the right to lodge a complaint with the supervisory authority, about the source of these data data, about automated decision-making, including profiling, and about the security measures used in connection with the transfer of such data outside the European Union;

  • obtain a copy of your personal data.

If you want to request access to your personal data, please submit your request to: bohemavintage@gmail.com

 

X. The right to rectify personal data (Article 16 of the GDPR)

If your personal data is incorrect, you have the right to request the Administrator to immediately correct your personal data.

You also have the right to request the Administrator to supplement your personal data.

If you want to request that your personal data be rectified or supplemented, please submit your request to: bohemavintage@gmail.com.

If you have registered in the Online Store, you can rectify and complete your personal data yourself after logging in to the Online Store.

The right to delete personal data, the so-called "The right to be forgotten" (Article 17 of the GDPR)

You have the right to request the Personal Data Administrator to delete your personal data when:

  • Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed;

  • you have withdrawn your specific consent to the extent to which personal data was processed based on your consent;

  • Your personal data has been processed unlawfully;

  • you have objected to the processing of your personal data for direct marketing purposes, including profiling, to the extent to which the processing of personal data is related to direct marketing;

  • you have objected to the processing of your personal data in connection with the processing necessary to perform a task carried out in the public interest or the processing necessary for the purposes of the legitimate interests pursued by the Administrator of personal data or a third party.

Despite submitting a request to delete personal data, the Personal Data Administrator may process your data further in order to establish, assert or defend claims about which you will be informed / informed.

If you want to request the deletion of your personal data, please submit your request to: bohemavintage@gmail.com.

​

XI. The right to submit a request to limit the processing of personal data (Article 18 of the GDPR)

You have the right to request the restriction of the processing of your personal data when:

  • you question the correctness of your personal data - the administrator of personal data will limit the processing of your personal data for a period allowing for the verification of the correctness of this data;

  • when the processing of your data is unlawful, and instead of deleting personal data, you request the restriction of the processing of your personal data;

  • Your personal data are no longer needed for the purposes of processing, but they are needed to establish, assert or defend your claims;

  • when you have objected to the processing of your personal data - until it is determined whether the legitimate interests of the Personal Data Administrator override the grounds indicated in your objection.

If you want to request a restriction on the processing of your personal data, please submit your request to: bohemavintage@gmail.com.

​

XII. The right to object to the processing of personal data (Article 21 of the GDPR)

You have the right to object at any time to the processing of your personal data, including profiling, in connection with:

  • processing necessary for the performance of a task carried out in the public interest or processing necessary for purposes arising from the legitimate interests pursued by the Administrator of personal data or a third party;

  • processing for the purposes of direct marketing.

If you want to object to the processing of your personal data, please submit your request to: bohemavintage@gmail.com.

​

XIII. The right to request the transfer of personal data (Article 20 of the GDPR)

You have the right to receive your personal data from the Administrator of personal data in a structured, commonly used machine-readable format and to send it to another personal data administrator.

You can also request that the Personal Data Administrator sends your personal data directly to another administrator (if technically possible).

If you want to transfer your personal data, please submit your request to: bohemavintage@gmail.com.

​

XIV. The right to withdraw consent

You can withdraw your consent to the processing of your personal data at any time.

Withdrawal of consent to the processing of personal data does not affect the lawfulness of the processing carried out on the basis of your consent before its withdrawal.

If you want to withdraw your consent to the processing of your personal data, please submit your request to: bohemavintage@gmail.com. or use the appropriate functionalities in the Account.

 

XV. Complaint to the supervisory authority

If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with the supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.

In Poland, the supervisory body within the meaning of the GDPR is the President of the Personal Data Protection Office (PUODO).

 

XVI. Cookies - General information and security

When browsing the websites of the Online Store, "cookies" are used, hereinafter referred to as Cookies, i.e. small text information that is saved on your end device in connection with the use of the Online Store. Their use is aimed at the correct operation of the Online Store websites.

These files allow you to identify the software used by you and adjust the Online Store individually to your needs.

Cookies usually contain the name of the domain they come from, their storage time on the device and the assigned value.

The cookies we use are safe for your devices. In particular, it is not possible for viruses or other unwanted software or malware to get into your devices through cookies.

We use two types of cookies:

  • Session cookies: they are stored on your device and remain there until the end of the browser session. The saved information is then permanently deleted from the memory of your device. The mechanism of session cookies does not allow the collection of any personal data or any confidential information from your device.

  • Persistent cookies: they are stored on your device and remain there until they are deleted. Ending a browser session or turning off the device does not delete them from your device. The persistent cookies mechanism does not allow the collection of any personal data or any confidential information from your device.

 

XVII. Cookies - Purposes

We also use third party cookies for the following purposes:

Cookies may be used by advertising networks, in particular the Google network, to display advertisements tailored to your preferences. For this purpose, information about how you navigate on the web or when you use the website may be stored.

To view and edit information about your preferences collected by the Google advertising network, you can use the tool available at https://www.google.com/ads/preferences/.

By using the web browser settings or by using the service configuration, you can change your Cookie settings at any time, specifying the conditions for their storage and access to your device via Cookies. You can change these settings so as to block the automatic handling of cookies in your web browser settings or to inform about them each time they are placed on your device. Detailed information on the possibilities and methods of handling cookies is available in the settings of your software (web browser).

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