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ONLINE STORE TERMS & CONDITIONS

§1

DEFINITIONS

Expressions written in these Regulations with a capital letter will have the following meaning, unless its content indicates otherwise:

1. Store - an online store located at the domain www.baleeneyewear.com;

2. Seller - Maria Bulanda conducting economic activity under the business name Baleen Maria Bulanda, address: A. Cieszkowskiego 1/3 street, no. 203, 01-636 Warsaw, tax identification number (NIP) 5252283543, Number in the register of national economy entities (REGON) 141788740;

3. Product, Products - all goods offered by the Seller for sale in the Store;

4. Customer, User - a person using the Store, Store user;

5. Account - an individual, free of charge User's account in the Store, set up in accordance with §2 of the Regulations;

6. Regulations - these regulations, which constitute a set of rules for using the Store and purchasing Products;

7. Agreement - a sales contract concluded by and between the Customer and the Seller via the Store. To the above sales contracts, the rules resulting from the Regulations apply.

§2 

GENERAL INFORMATION AND USER ACCOUNT

1. The condition to start using the Store is to read and accept these Regulations.

2. The Customer, by placing an order or ordering another service, agrees to use the Store in accordance with the provisions of these Regulations, in the wording in force on the date of placing the order.

3. Lack of acceptance of the provisions of these Regulations prevents the use of the Store.

4. The Customer's personal data is processed by the Seller in accordance with the Privacy Policy (Annex 3 to these Regulations). Providing personal data when registering or placing an order is voluntary, but necessary for the implementation of the sales contract.

5. All Products offered for sale in the Store are new and unused.

6. The User may create an Account in the Store. An Account is not required to use other Store services. Users with an Account have a preview of their orders and have the opportunity to be the first to know about new collections and the availability of goods.

7. Creating an Account is done by completing the registration form containing the following data:

  • name and surname,
  • e-mail address from which the User receives correspondence,
  • individual access password.

8. After completing the registration form, an activation e-mail is sent to the User, in which the Seller confirms receipt of the registration form and accepts it by sending the access data necessary to use the Account. Sending an activation e-mail by the Service Provider confirms the conclusion of the contract for the provision of the Account access service for an indefinite period. The User may have only one Account. The account cannot be transferred to another person or made available to him.

9. The User may at any time and free of charge delete the Account and terminate the contract for the provision of services related to the Account.

§3. 

NEWSLETTER AND NOTIFICATION OF AVAILABILITY

1. The Customer may order a free service of receiving notifications about Products and the latest events regarding the Baleen brand ("Newsletter") by filling in the appropriate form on the Store's website marked "Newsletter".

2. In order to request the Newsletter service, the Customer provides his e-mail address to which he wants to receive the Newsletter and confirms the acceptance of the Regulations.

3. The Newsletter is sent in electronic form (e-mail).

4. By providing an e-mail address, the Customer agrees to:

5. processing of his personal data in accordance with the Regulations in order to receive notifications about the Products and the latest events regarding the Baleen brand (marketing purposes);

6. receiving commercial information from the Store within the meaning of article 10 sec. 2 of the Act of 18 July 2002 on the provision of electronic services to the e-mail address provided during registration (consolidated text of Journal of Laws of 2019, items 123, 730).

7. The Store uses the MailChimp platform to automate the Newsletter service. By subscribing to the Newsletter service, the Customer agrees that the Seller transfers personal data provided by the Customer to MailChimp for processing (address: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA), in accordance with their Privacy Policy and Regulations. MailChimp protects personal data on the basis of standard personal data protection clauses (SCC).

8. The Customer may resign from the Newsletter service at any time by clicking on the link at the bottom of each e-mail message received and terminate the contract for the provision of services related to the Newsletter free of charge.

9. The Customer may order a free of charge service of entering the Customer on the list of Customers waiting for a one-time notification about the availability of the Product selected by the Customer ("Notification of availability"), by filling in the form next to a specific Product selected by the Customer.

10. In order to request the Notification of availability service, the Customer provides his e-mail address to which he wants to receive a one-time notification of the availability of the Product selected by the Customer and confirms the acceptance of the Regulations. The notification is sent in electronic form (e-mail).

11. A one-time notification concerns each selected Product. In order to receive notification of a greater number of selected Products, the Customer places an order for the Notification of availability service for each of these Products.

12. Provisions of §3 sec. 4 and 5 above shall apply accordingly.

§4 

CONCLUSION OF A PRODUCT SALE AGREEMENT

1. The Customer concludes a sales Agreement by placing an order on the Store's website. The sales Agreement is concluded between the Customer and the Seller. The Regulations constitute a template of the Agreement.

2. The sales process consists of the following activities: (i) adding Products to the basket, (ii) proceeding to the checkout, (iii) confirming the content of the placed order, (iv) payment, (v) order verification, (vi) order confirmation for execution (conclusion of the sales Agreement), (vii) delivery.

3. To place an order and go through the ordering process, it is necessary to:

✓ choose Products from the available offer, their colors and quantity,

✓ on the Store's website displaying a given Product, click the "ADD TO CART" button,

✓ click on the "GO TO CHECKOUT" button,

✓ verify the list of ordered Products,

✓ indicate contact details,

✓ choose a delivery method and accept its cost,

✓ choose the payment method,

✓ approve the order by clicking the "ORDER AND PAY" button.

4.  Until the selection of the Products is confirmed by pressing the "ORDER AND PAY" button, the Customer may make changes to the Products, contact details for the delivery of the Products, delivery method, payment method, as well as the form of confirmation of the purchase, i.e. a receipt or a VAT invoice. A later change in this respect is not possible, e.g. issuing an invoice in place of a receipt or changing the buyer's data on the invoice.

5.  Pressing the "ORDER AND PAY" button is tantamount to placing an order with the content specified by the Customer. After placing the order, the Customer immediately makes the payment in accordance with the selected payment method. Failure to make the payment automatically results in canceled orders (not applicable to cash on delivery).

6. After paying for the order (and in the case of selecting a cash on delivery or pickup in person), a summary of the order will be sent to the e-mail address provided by the Customer, i.e. the type of Products, order value, selected delivery method and its cost, payment method and customer contact details.

7. . The Seller processes the Customer's order for the purpose of its verification. After successful verification of the order, including verification of payment receipt, the Seller accepts the order for processing. The customer receives an electronic confirmation of acceptance of his order for execution (the so-called "Confirmation of order acceptance") to the e-mail address provided by him.

8. The order completion date is up to 3 business days from the moment of order confirmation.

9. Orders can be placed around the clock, on all days of the week. Orders placed on non-working days will be processed on the next working day.

10. The condition for the submission and execution of the order is that the Customer provides the data necessary for its implementation and accepts the content of the Regulations.

11. Confirmation of the order is the decision of the Seller. The Seller reserves the right to refuse to accept an order placed by the Customer, in particular if:

a. the Customer's contact details are incomplete or incorrect;

b. there was no payment authorization in the electronic payment system selected during the order; or

c. payment has not been made;

d. The Product is unavailable;

e. the circumstances indicate the purchase of Products for resale;

f. the order was placed in breach of the Regulations.

12. If the order is not accepted and its implementation is refused, the Customer will not receive the confirmation referred to in section 9 above. In this case, the Customer will receive an e-mail from the Store informing him that the offer was not accepted, the sales contract was not concluded, and the order was canceled.

§5 

DELIVERY and RECEIPT OF PRODUCTS

1. The Store offers two delivery methods:

a. courier shipment to the address indicated by the Customer, or

b. collection in person at the collection point located in Berlin.

2. The order processing begins after the funds are credited to the Seller's bank account in the selected payment system of the sale price and shipping costs paid by the Customer (unless these have not been charged, because the Customer receives the Product in person or in the form of a cash on delivery shipment) and successful verification of the order by the Seller.

3. The Customer is informed about the cost of delivery of the Products during the ordering process. The Customer covers the cost of delivery of the Product to the correspondence address provided by him. 

4. In exceptional situations, in particular when there may be a delay in the delivery of the Product, the order fulfillment time is additionally confirmed by an employee of the Store via e-mail or by phone.

5. The Products are delivered to the address indicated by the Customer in the order via UPS.

6. Estimated delivery time for domestic orders is 2-10 business days from the day following the shipment. The delivery time provided by an external company may be extended for reasons beyond the control of the Seller.

7. When collecting the parcel delivered by the courier, it is recommended that the Customer, in his presence, carefully checks the completeness of the parcel content, the condition of the outer packaging and the condition of the ordered Product. In the event of damage to the parcel, the Customer should prepare a damage report together with the courier.

8. When choosing the option "Pickup in person":

a. pickup in person is possible only if you choose online payment

b. the order will be available for collection within 2-5 working days from the moment the order is accepted for execution.

c. The Customer will receive an e-mail with the information that the order is ready for collection (previously the order will not be available for collection).

d. the order will be collected in Berlin, after prior arrangement of the date and time of collection,

e. to collect the order, it is necessary to present an identity document confirming the data consistent with the data indicated in the order.

f. The store reserves the right to cancel orders in the event of failure to collect them within one month from the date of receipt of information from point c) above.

g. The "pickup in person" option is free of charge, the customer does not bear the delivery costs.

§6 

SALE, PRICES, PAYMENTS

1. The price of a given Product given on the Store's website is binding on the parties from the moment the order is placed and the Customer receives confirmation from the Seller that the order is accepted for execution, regardless of its subsequent changes in the Store.

2. The prices of Products in the Store are gross prices and are given  in a foreign currency.

3. The method of payment for the Products is chosen by the Customer when placing the order. The Seller offers 3 (three) payment methods:

payment before delivery:

a. electronic payment made in the selected payment system (PayPal, SOFORT, PayU)

b. traditional bank transfer

4. The execution of the order begins after the Seller confirms the order acceptance and ends after the Customer receives the Product. Upon delivery, the Customer is responsible for the risk associated with the Product (including loss or damage).

5. The Store reserves the right to change the prices of Products in the Store, introduce new Products for sale, carry out and cancel promotional campaigns on the Store's websites, or make changes to them in accordance with the provisions of the Civil Code and other acts. These changes will not infringe the rights of persons who concluded contracts for the sale of Products offered in the Store before the above-mentioned changes.


6. Upon arrival to the destination country, orders may be subject to duties and taxes billed by the destination country's customs department. The recipient must bear all or any additional charges for customs clearance.
Baleen Eyewear  is not responsible and has no control over additional charges or delays due to custom clearance and cannot predict what they may be.*

§7

WITHDRAWAL FROM THE CONTRACT AND WARRANTY FOR DEFECTS

STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT

1. A Customer who is a consumer may withdraw from the contract for the provision of the Newsletter, Account and Notification of availability service within 14 (fourteen) calendar days from the day following the date of the contract, without giving any reason.

2. A Customer who is a consumer may withdraw from the Agreement of sale of the Product (s) within 7 (seven ) calendar days from the day following the delivery of the order, without giving any reason, subject to sections 3-5 below.

3.  Products may be returned:

a. by courier at the Customer's expense to the following address: ul. Kaniowska 78,  01-529 Warsaw,  (mailing address only) 

b. Unfortunately, all International sales are Final (we do not accept returns from outside of EU)

4. The Seller returns to the Customer the equivalent of the Product price and the one-time cost of delivering the shipment to the Customer up to the amount of the cheapest shipment fee in the Seller's offer. The Seller does not refund the cost of returning the Product to the Seller.

5. The Seller does not cover the cost of returning the Product by cash on delivery provided by the Customer. When choosing cash on delivery as the method of returning the Product, the Seller has the right to charge the Customer with all costs incurred in this connection.

6. The Customer withdraws from the Agreement by submitting a declaration of withdrawal to the Seller. The declaration may be made using the form, a model of which is attached as Annex 1 to these Regulations.

7. The content of the declaration of withdrawal is sent by the Customer:

a. in paper form to the address: ul. Kaniowska 78, 01-529 Warsaw, or

b. in electronic form to the address:  orders@baleeneyewear.com.

8. To meet the deadline specified in sec. 1 and 2 above, a statement must be sent before its expiry.

9. In the event of the Customer withdrawing from the Agreement within the indicated period, the Agreement is considered not concluded.

10. After withdrawing from the sale Agreement, the Customer should return the Product to the Seller with the original tags, unused, clean and not scratched, immediately, but not later than 7 days from the date on which he withdrew from the Agreement. Please thoroughly seal your return in the original box with your order in-voice. If you decide to use another box, make sure it is well padded to prevent damage during transit.

11. The Seller shall promptly, no later than within 7 days from the date of receipt of the Customer's declaration of withdrawal from the Agreement, return to the Customer the price for the Product and the one-time cost of delivering the item, using the same method of payment as used by the Customer (in the case of payment by credit card, the payment will be refunded on the same card). The Seller may withhold the payment of funds within the indicated period until the returned Product is delivered to him or until the Customer provides proof of the Product's return.

WARRANTY FOR DEFECTS

12. The Seller is obliged to provide the Customer with a Product without defects. The Seller is liable to the Customer who is a consumer for the Product's non-compliance with the Agreement (Product defects).

13. The Customer may file a complaint under the warranty for defects (article 556 et seq. of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, with later amendments). As part of the complaint, the Customer may request one of four actions:

a. replacement of the Product with a new one,

b. repair of the Product by the Seller,

c. lowering the price of the Product, or

d. withdraw from the Agreement if the defect of the Product is significant.

The choice of the request belongs to the Customer, and the Seller may propose a different solution from the above indicated ones within the limits set by the content of the law.

14. The Customer submits a complaint electronically to the following address: orders@baleeneyewear.com or by post to the following address: ul. Kaniowska 78, 01-529 Warsaw. If possible, the Customer attaches a receipt or other proof of purchase to the complaint. Attaching a receipt or invoice may facilitate and speed up the consideration of the complaint.

15. The Customer sends the Product at issue to the following address: ul. Kaniowska 78, 01-529 Warsaw.

16. The Seller may refuse to replace the Product or repair it if it is impossible for the Seller or would require incurring excessive costs. In this case, the Customer may change the claim. Communication is conducted electronically.

17. When requesting a reduction in the price of the Product, the Customer provides the amount by which the price is to be reduced. If the Customer's request to reduce the Product price is the first request submitted as part of the complaint procedure regarding a given Product, the Seller may offer the Customer a replacement or repair.

18. The Customer may request withdrawal from the Agreement only if the defect of the Product is significant.

19. The Customer will receive information on the method of considering the complaint within 14 days from the date of submission of the complaint.

20. If the complaint is accepted, the Seller will send the Customer a full-fledged Product (repaired or new) within 30 business days, and if it proves impossible (e.g. out of stock), the Seller will return the equivalent of the Product price paid by the Customer and the shipping cost to the amount of the cheapest shipping fee in the Seller's offer (i.e. UPS courier). The condition for the shipment of fully-fledged goods is that the Seller receives the goods bearing defect in advance.

21. If the complaint is not accepted, the Product will be handed over or sent back to the Customer together with the opinion that the complaint is unjustified.

ADDITIONAL TERMS

1. Complaints arising from damage to the Product during transport will also be considered on the basis of the damage report prepared by the Customer and the courier.

2. The Seller does not accept Products sent back:

3. by mail,

4. by registered mail,

5. by cash on delivery.

Only Poczta Polska (Polish Post) parcels or courier delivery sent to the correct mailing address are accepted.

§8
GIFT CARDS

1. general records. These Terms and Conditions apply to gift cards purchased in the Store. Gift cards can be used on the Store's website (www.baleeneyewear.com).

2. Payment terms. Gift cards can be used to pay for the whole or part of an order, only if the value of the card is equal or less than the value of the purchased Products. If the value of the gift card is less than the total purchase value, the Customer can choose an additional payment method to finalize the transaction.

3. Disposability. The gift card can be used only once. If the total value of the Gift Card is not used, the Store will generate a replacement code, which will be sent electronically to the e-mail address indicated by the Customer.

4. Validity period. Gift Card is valid for 6 months from the date of purchase. After the expiry of the period of validity it is impossible to make a purchase using the gift card.


5. Delivery. The gift card is received by the Customer within 2-10 working days from placing an order by  UPS courier . The Client is obliged to provide a proper delivery address of the gift card. If it is not possible to confirm the correct address, the Store reserves the right to withhold the delivery of the gift card until the correct address is established.


6. Returns. If the Customer decides to return a Product purchased with a gift card, he will receive a replacement code, and, if an additional payment method was used, a refund of funds paid using this method of payment. The replacement code will be sent to the Customer at the e-mail address indicated by the Customer, immediately after the return has been processed. The Client is obliged to provide a valid e-mail address to which a replacement code will be sent. If it is not possible to establish a valid e-mail address, the Store reserves the right to withhold the delivery of the replacement code until a valid e-mail address is established. Gift cards and replacement codes cannot be exchanged for cash. 

a. Unfortunately, we do not offer any returns or exchanges on international orders (we do not accept returns from outside of USA). Please keep this in mind before placing your order.



7. Return guarantee. The Customer has 7 calendar days (counting from the day following the delivery of the order) to cancel the order of the gift card . In order to cancel the card order please contact the Seller immediately at orders@baleeneyewear.com.


8. Limitation of liability. The Seller shall not be liable for loss, including loss, theft or destruction of the gift card or replacement code.


§9

FINAL PROVISIONS

1. E-mail correspondence should be sent to the address contact@baleeneyewear.com and in matters regarding orders / returns / complaints to the address orders@baleeneyewear.com

2. In matters not covered by these Regulations, the applicable provisions of Polish law shall apply, including the Act of 23 April 1964 - Civil Code, the Act of 30 May 2014 on consumer rights, the Act of February 16, 2007 on competition and consumer protection.

3. If any provision of the Regulations is deemed invalid, the remaining provisions shall remain in force.

4. The Customer and the Seller will resolve any disputes by way of negotiations, the purpose of which will be to settle the disputed matter by mutual agreement. If it is impossible to settle the case amicably, the court competent to settle disputes between the Customer and the Seller is a common court.

5. The Customer may use extrajudicial means of dealing with complaints and redress. The Customer who is a consumer has the right to:

      • Submit a complaint, among others via the EU ODR internet platform available at https://ec.europa.eu/consumers/odr/.
      • Submit an application for out-of-court settlement of consumer disputes through the Trade Inspection (www.uokik.gov.pl/wazne_adresy.php#faq595).

6. The Seller reserves the right to amend the content of the Regulations at any time. Amendments to the Regulations are effective from the moment they are published on the Store's website. Amendments to the Regulations do not apply to the order placed by the Customer and implemented by the Seller. The provisions of the Regulations in force at the time of placing the order shall apply to accepted orders. Amendments to the Regulations do not violate the acquired rights of Customers.

7. The Store Administrator takes steps to ensure that the Store's website functions properly, to the extent that results from the current technical knowledge and undertakes to immediately remove any irregularities reported by the Customer. The Store is not responsible for any disruptions in activities caused by an Internet failure.

8. All photos, graphics, logos, publications and texts available in the Store are protected by the Act of February 4, 1994, on copyright and related rights (Journal of Laws 1994 No. 24 item 83). It is forbidden to illegally copy, reproduce or distribute any content posted on the Store's website.

Download the Appenidix to the regulations : Complaint formWithdrawal form

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