Store regulations

Valid from 01/01/2023

§ 1. Definitions
  1. Postal address – Highlander Enterprise SA, ul. Tadeusza Romanowicza 19b 30-702 Kraków
  2. Complaints address: Highlander Enterprise SA, ul. Tadeusza Romanowicza 19b 30-702 Kraków
  3. Lack of Conformity of the Product with the Agreement  – ​​lack of conformity  of the Product with the Agreement  concluded with  the Privileged Buyer  within the meaning of the provisions  of Consumer Law.
  4. Delivery price list –  a list of available delivery types and their costs,  available at  https://8belle.com/dostawa/ .
  5. Delivery –  type of transport service along with the identification of the carrier and cost listed in  the delivery price list  available at  https://8belle.com/dostawa/
  6. Proof of purchase –  an invoice issued in accordance with the Act on Tax on Goods and Services of 11 March 2004, as amended, and other applicable legal provisions, or other evidence (including that issued in electronic form) duly confirming all material terms of the Agreement.
  7. Product card  – a single subpage  of the Store  containing information about a single  product .
  8. Customer  – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from  the Seller  directly related to its business or professional activity  (not being a Privileged Entrepreneur or a Consumer).
  9. Civil Code  – the Civil Code Act of 23 April 1964.
  10. Consumer  – an adult natural person with full legal capacity who makes a purchase from  the Seller  that is not directly related to his or her business or professional activity.
  11. Basket  – a list of products prepared from  the products offered in the Store  based on  the Buyer’s choices .
  12. Buyer  –  Consumer  or  Customer or Privileged Entrepreneur .
  13. Privileged Buyer – Consumer or Privileged Entrepreneur.
  14. Place of delivery of the goods  –  postal address  or  collection point  indicated in  the order  by  the Buyer .
  15. The moment of delivery of the item  – the moment when  the Buyer  or a third party indicated by him for collection takes possession of the item.
  16. Payment  – ​​method of payment for  the subject of the contract  and  delivery  listed at  https://8belle.com/formy-platnosci/
  17. Consumer law  –  Consumer Rights Act  of 30 May 2014.
  18. Product –  the minimum  and indivisible quantity  of items that may be the subject  of an order , and which is given in  the Seller’s store  as a unit of measurement when determining its price (price/unit).
  19. Personalised product  – a non-prefabricated item, manufactured according to the Buyer’s specifications or intended to meet his/her individual needs.
  20. Subject of the contract  –  products  and  delivery  that are the subject of a given contract
  21. Subject of the performance  –  the subject of the contract.
  22. Pick-up point  – the place of delivery of the item other than the Postal Address, listed in the list provided by the Seller in the store.
  23. Privileged entrepreneur  – a natural person concluding a contract with the Seller directly related to his/her business activity, but not having a professional nature resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  24. Item  – a movable item that may be or is the subject of a contract
  25. Shop  – online service available at https://www.semilac.pl, through which the Buyer can place an order.
  26. Seller – Highlander Enterprise SA , with its registered office in Kraków, ul. Tadeusza Romanowicza 19b, 30-702 Kraków , entered into the National Register of Entrepreneurs of the National Court Register, maintained by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register, under the KRS number: 0000878626, NIP number: 9291847897, REGON number: 081062890, with the share capital of PLN 9 362 550.00.
  27. Website  – website available at https://8belle.com , run by  the Seller;  the rules for providing services electronically to  the User  via  the Website  are specified in separate regulations available on the Website.
  28. System  – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
  29. Contract  – a contract for the sale  of an Item  or the sale  of an Item with Delivery
  30. Mobile Device  – a device enabling the use of the Application and data transmission services, in particular a mobile phone or tablet, operating on the basis of the Android or iOS operating system.
  31. User  – user of the Store or Application (including the Buyer).
  32. Defect  – non-conformity of the Item sold with  the Agreement  concluded by  the Seller with the Customer  within the meaning of Article 5561 § 1 of the Civil Code, being either  a Physical Defect or a Legal Defect.
  33. Physical Defect  – A Defect that is not a Legal Defect
  34. Legal defect  – a situation when the Item sold is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the Item results from a decision or ruling of a competent authority.
  35. Order  – a declaration of will  of the Buyer  constituting an offer within the meaning of Article 66. § 1 of the Civil Code, submitted via  the Store (on the Website or in the Application),  clearly specifying: the type and quantity  of products ; the type  of delivery ; the type  of payment ;  the place of delivery of the goods  and  the Buyer’s data  directly leading to the conclusion of the Agreement.
§ 2. General conditions
  1. This Agreement  is governed by Polish law and will be interpreted in accordance with Polish law and the provisions of these Terms and Conditions. In the case  of agreements  concluded with  Customers,  the provisions of the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on April 11, 1980, do not apply.
  2. The place of delivery of the item may be located in the territory of (i) the Republic of Poland, and (ii) countries that are on the list available at https://8belle.com/dostawa/ .
  3. The Seller  is obliged and undertakes to provide Delivery services and deliver:in the case of  Privileged Buyers:  Items that do not demonstrate  a Product Non-Conformity with the Agreement concluded with the Privileged Buyer;in the case of  Customers: Items free from Defects.
  4. All prices quoted by  the Seller  are expressed in Polish currency and are gross prices (including VAT).  Product prices do not include shipping  costs  , which are specified in  the shipping price list .
  5. The Seller  does not provide  the Buyer with a guarantee within the meaning of Article 577  of the Civil Code , but informs him about any guarantees known to him granted by third parties for products available in the store.
  6. Confirmation, disclosure, recording and securing of all essential provisions  of the Agreement  in order to obtain access to this information in the future takes the form of:confirmation of the Order by sending to the specified e-mail address: a summary of the Order, information on the right to withdraw from the contract, these regulations in PDF format, a template of the withdrawal form in PDF format, and links to download the regulations and the template of the withdrawal form;providing proof of purchase.
  7. The Seller  does not charge any fees for communication with him using means of distance communication, and  the Buyer  will bear the costs in the amount resulting from the agreement he has concluded with a third party providing him with a specific service enabling distance communication.
  8. The Seller  guarantees  the Buyer using the system the correct operation of the store on the Website, in accordance with the principles set out in the Website Regulations, available at  https://8belle.com/regulamin-sklepu/ .
§ 3. Conclusion of the Agreement and its implementation
  1. Orders  can be placed 24 hours a day.
  2. In order to place  an order, the Buyer  should perform at least the following steps, some of which may be repeated multiple times:adding a Product to  the cart ;selection of  delivery type ;selection of the  payment type  from the available forms, i.e.:if the Buyer makes a payment from the territory of the Republic of Poland: cash on delivery or online payment via Przelewy24, including by payment card, credit card or bank transfer, including:  Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, Pay by link online payments, fast transfer, BLIK, etc.;if the Buyer makes the payment from outside the territory of the Republic of Poland: online payment via PayPal, including by payment card, credit card or bank transfer (no possibility to choose cash on delivery);selection of  the place of issue of the Product;placing  an Order in the store  by using the appropriate button on the "Buy and pay" page , depending on the selected Delivery option.
  3. The information presented in the Store constitutes only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to the Buyer, and not an offer under the provisions of the Civil Code. The Seller does not guarantee the constant availability of Products in the Store.
  4. By clicking the "Buy and pay" button on the Website in the last step of the Order placement process, the Buyer makes a binding offer to purchase the Products presented in the Order summary.
  5. After verifying the Order, without undue delay (but no later than within 48 hours), the Seller shall send the Buyer a message to the e-mail address provided by him regarding the registration of the Buyer's order.
  6. If the execution of part or all of the Buyer's Order is not possible, the Seller shall, within the time specified in section 6 above:informs the Buyer (by e-mail or e-mail and telephone) about the cancellation of the Order in its entirety (the Order is then deemed not to have been placed) or;will offer the Buyer (via email or both email and phone) the option to cancel the Order in the part that cannot be fulfilled. If the Buyer chooses this option, the subject of the Contract will be the Products covered by the remaining part of the Order (in the part that cannot be fulfilled, the Order will be deemed not to have been placed).
  7. Within two (2) consecutive days of receiving the Seller's proposal to partially cancel the Order, the Buyer may confirm to the Seller (by email or telephone) their consent to the partial cancellation of the Order. If the Buyer does not provide the Seller with appropriate confirmation within this timeframe, the Order will be deemed to have been canceled in its entirety by the Buyer.
  8. The conclusion of the contract with  the Buyer  takes place in the event of acceptance of the Order by  the Seller , at the moment of acceptance of such Order by  the Seller , of which  the Buyer is informed  by sending an e-mail in which he confirms the fact of concluding the Contract.
  9. In the case of personalized Products,  the Seller  has the right to refuse to execute or to refuse to fulfill the Order within 3 (three) business days from the date of placing the Order by  the Buyer  in the event that:the method of personalising the Product specified in the Order contains illegal content (e.g. inciting hatred, proposing violence or discrimination);the method of personalising the Product specified in the Order contains vulgar or obscene content, or content that, in the opinion  of the Seller,  may be considered offensive or shocking;the method of personalizing the Product specified in the order could violate the rights  of the Seller  or third parties;
    the Seller  shall send  the Buyer a declaration of refusal to execute the order to the Buyer's  e-mail address   provided when placing the order.
  10. If  the Agreement is not concluded, the Seller  will refund the funds paid upon placing the Order using the same payment method used by the Buyer, unless the Buyer has expressly agreed to a different payment method that does not incur any costs for them. In the case of a refund for a transaction made with a payment card, the refund will be made to the bank account assigned to the payment card. The refund will be made immediately, but no later than within 14 days.
  11. Fulfillment (preparation for shipment)  of the Order of the Preferred Buyer:payable on delivery – takes place immediately after the conclusion of  the Agreement ;payable by bank transfer – takes place immediately after the conclusion  of the Agreement  and the payment is credited to the  Seller’s account ;payable via the electronic payment system – takes place immediately after the conclusion of the contract and positive authorization of the transaction in the electronic payment system.
  12. Fulfillment (preparation for shipment)  of Customer Orders:payable on delivery takes place immediately after the conclusion  of the Agreement ;payable by bank transfer takes place immediately after the conclusion  of the Agreement  and  the Customer's payment is credited  to  the Seller's account ;payable  via the electronic payment system takes place immediately after the conclusion of the Agreement and positive authorization of the transaction in the electronic payment system.
  13. The fulfillment  of the Customer's Order  may be dependent on payment of all or part of  the Order value  or obtaining a trade credit limit of at least the value  of the Order  or  the Seller's consent  to send  the order  cash on delivery (payable on delivery).
  14. The products covered by a given order will be shipped   immediately after the  Order is completed (prepared for shipment) , but no later than 7 days from the date of the contract. In the case of an Order for a personalized Product, the products covered by the Order will be shipped no later than 10 days from the date of the contract. The purchased Product will be shipped via the delivery method selected by the Buyer to the Item Delivery Location specified by the Buyer in the Order.
  15. The Buyer agrees to receive the Proof of Purchase confirming the transaction in the Store only in electronic form. The Buyer will receive the Proof of Purchase in paper form if they check the appropriate box on the form when placing the Order in the Store. In such a case, the Proof of Purchase in paper form will be sent to the Buyer along with the purchased Product.
  16. Regardless of the consent indicated in paragraph 16 above, the Seller has the right to issue and send the Proof of Purchase only in paper form, if issuing this document in electronic form is impossible due to a System failure.
  17. If the Buyer withdraws consent to the provision of the Proof of Purchase in electronic form before the execution of the Order (in writing or via e-mail), the Seller will provide the Buyer with the Proof of Purchase in paper form, sending it to the address indicated by the Buyer when placing the Order.
  18. The Seller will issue a Proof of Purchase upon shipment of the Order. The Seller issues and makes available Proofs of Purchase (invoices) in electronic form in a manner that guarantees the authenticity of their origin and the integrity of their content. Each electronic invoice will be made available via email to the email address provided by the Buyer when placing the Order or creating the account referred to in § 2, paragraph 9.
  19. If, as part of a given Order, the Seller provides an additional gift together with the Product falling within the scope of the Subject of the Contract, then if the gift selected by the Buyer is exhausted, the Seller may replace it with any other gift
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