bona equine – online store regulations

§ 1 Initial provisions

       
  1. The bona equine online store, available at https://bonaequine.com, is run by BONAEQUINE LTD, registered in the British Companies House under number 16564010, with its registered office at: Ealing Cross, 1st Floor, 85 Uxbridge Road, London, United Kingdom, W5 5TH, e-mail address: …………………………; tel: ………………………………….. (fee according to the operator’s price list).
    2.    
  2. The Regulations define the rules for using the online store and concluding sales agreements, as well as the rights and obligations of the parties, and are addressed to both consumers and entrepreneurs.
    3.    
  3. The advertisements and product prices presented in the online store do not constitute an offer within the meaning of Article 64 of the Civil Code, but only an invitation to conclude an agreement.

§ 2 Definitions

       
  1. Price – the Seller’s remuneration for the transfer of ownership of the Product, including tax and expressed in Polish or foreign currency. The price does not include delivery costs, unless otherwise stated in the Sales Agreement.
    2.    
  2. Order Form – an interactive form provided by the Online Store, enabling the placement of an Order and the conclusion of the Sales Agreement.
    3.    
  3. Customer – user of the Online Store concluding a sales agreement.
    4.    
  4. Consumer – a natural person concluding an agreement with the Seller, the subject of which is not directly related to his or her business or professional activity.
    5.    
  5. Customer Account – an additional service provided by the Online Store, for an indefinite period, enabling the use of additional functions of the Online Store, secured with an individual login and password.
    6.    
  6. Basket – an element of the Order Form in which the Products selected by the Customer and their quantity are visible.
    7.    
  7. Product – an item or service available in the Online Store, marked with a price, which is the subject of the Sales Agreement.
    8.    
  8. Special offer – special terms and conditions of sale related to one or more Products, separately regulated and marked
    9.    
  9. Entrepreneur – a natural person, legal person and organizational unit conducting business or professional activity on his/her own behalf
    10.    
  10. Regulations – these Regulations of the Online Store
    11.    
  11. Online Store – an internet platform available at http://bonaeqine.com, through which services are provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means. Using the Online Store enables the conclusion of sales agreements and other functionalities related to the conclusion of agreements.
    12.    
  12. Seller – BONAEQUINE LTD, registered in the British Companies House under number 16564010, with its registered office at: Ealing Cross, 1st Floor, 85 Uxbridge Road, London, United Kingdom, W5 5TH
    13.    
  13. Content published in the Online Store – all materials published on the bonaeqine.com website, including information about Products, photos of Products, images of natural persons and animals. All or some of the Content may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, and therefore their copying, reproduction, sharing or publication without the author’s consent is prohibited.
    14.    
  14. Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded at a distance (without the simultaneous presence of the parties) between the Customer and the Seller, an integral part of which are: the order and the Regulations as well as the content of formal consents expressed by the Customer.
    15.    
  15. Order – a declaration of intent to conclude the Sales Agreement by the Customer, constituting an offer, submitted via the Order Form. Confirmation of the order by the Seller is necessary to conclude the Sales Agreement.

§ 3 Technical requirements for using the Online Store

       
  1. In order to use the Online Store you need:        
                 
    1. a device with internet access (a computer, a laptop or other electronic device)
      2.            
    2. Internet browser (Mozilla Firefox, Microsoft Edge, Opera, Google Chrome, Safari) in the current version, with the option to save Cookies
      3.            
    3. access to e-mail,
      4.            
    4. active e-mail address
      5.        
       
    2.    
  2. Having an active e-mail address is a necessary condition for concluding the Sales Agreement.

§ 4 Scope of the Online Store’s Activities

       
  1. The Online Store provides services electronically, in accordance with the provisions of the Act of 18 July 2022 on the provision of services by electronic means, which include: placing Orders, concluding Sales Agreements, setting up and using an Account, managing formal consents, including consent to marketing communications, using the Basket, receiving commercial information, and accessing the Content.
    2.    
  2. The Online Store does not conduct wholesale or sell Products for resale.

§ 5 Force majeure

The Seller shall not be liable for disruptions in the functioning of the Online Store caused by force majeure, i.e. extraordinary circumstances which the Seller could not have foreseen and prevented even with due diligence, or the actions of third parties for which the Seller is not responsible, or incompatibility of the Store with the Customer’s technical infrastructure.

§ 6 Rules for using the Online Store

       
  1. Browse the Products does not require providing personal data.
    2.    
  2. By using the Online Store, the Customer undertakes to:        
                 
    1. provide true and current data necessary for a given service (creating an account, placing an Order, concluding the Sales Agreement, etc.)
      2.            
    2. respect the provisions of the Sales Agreement, the Regulations and the provisions of generally applicable law, as well as the principles of social coexistence
      3.        
       

§ 7 Customer Account

       
  1. The Customer Account enables the use of the Online Store by saving contact details, accessing Order history, tracking Order status and other functions provided by the Online Store.
    2.    
  2. Creating a Customer Account is free of charge.
    3.    
  3. To create a Customer Account, it is necessary to complete the registration form and accept the Regulations.
    4.    
  4. The creation of a Customer Account takes place after registration confirmation, which will be sent to the e-mail address provided in the registration form.
    5.    
  5. The Online Store informs about creating a Customer Account via e-mail. Sending a message means concluding an agreement for the provision of the Customer Account service.
    6.    
  6. All irregularities in the operation of the Customer Account should be reported via e-mail to the following address: ………………………., specifying at least the type and date of occurrence of the irregularity. The response will be provided by e-mail to the e-mail address provided in the registration form, within 14 days of receiving information about irregularities in the operation of the Customer Account.

§ 8 Rules for placing an Order

       
  1. To place an Order you must:        
                 
    1. select the Product, and then the quantity, size and colour or other Product options provided by the Online Store
      2.            
    2. click the “add to basket” button – adding a Product to the Basket is not equivalent to placing an Order and does not mean reserving the Product
      3.            
    3. go to the “Basket” tab and check the correctness of the Order
      4.            
    4. enter the discount code if the Product is covered by the Special Offer
      5.            
    5. click the “Proceed to checkout” button and complete the Order Form, providing the recipient’s details, delivery address, e-mail address and invoice details (if different from the recipient’s details) or log in to the Customer Account, and the Order details will be completed automatically
      6.            
    6. select the payment and delivery method and any other information required for a specific Order
      7.            
    7. accept the Regulations and express formal consent necessary to place an Order
      8.            
    8. click the “Order and pay” button, which is tantamount to confirming the truthfulness and correctness of the data contained in the Order and placing the order with the Seller
      9.            
    9. pay for the Order in accordance with the selected payment method – this may mean redirecting to the selected payment service provider
      10.        
       

§ 9 Conclusion and performance of the Sales Agreement

       
  1. The Sales Agreement is concluded after the Customer places the Order, as follows:        
                 
    1. The Seller confirms receipt of the Order in an e-mail sent to the Customer. The message will be sent to the e-mail address indicated in the Order Form or saved in the Customer Account. Confirmation of receipt of the Order is not tantamount to the conclusion of the Sales Agreement.
      2.            
    2. after receiving the Order, the Seller verifies the possibility of its acceptance and fulfilment
      3.            
    3. immediately after verifying the order, the Seller sends an e-mail to the Customer containing: confirmation of the Order fulfilment, which means the conclusion of the Sales Agreement, or information about the cancellation of the Order and refusal to conclude the Sales Agreement, or confirmation of the Order fulfilment in part, which means the conclusion of the Sales Agreement only in relation to the Products covered by the confirmation
      4.        
       
    2.    
  2. The Seller has the right to cancel the Order – refuse to conclude the Sales Agreement if:        
                 
    1. incorrect or false data was provided in the Order Form
      2.            
    2. The Order is a wholesale Order or was placed using automated tools, including bots
      3.            
    3. The Order was not paid on time
      4.            
    4. the ordered Product is not available in the Seller’s warehouse
      5.        
       
    3.    
  3. Confirmation of the conclusion of the Sales Agreement, on a durable medium, will be provided to the Customer by the Seller no later than upon delivery of the Product.

§ 10 Payment for the Product

       
  1. The Seller accepts the following payment methods:        
                 
    1. transfer to the Seller’s bank account
      2.            
    2. electronic payment (Przelewy24, Stripe)
      3.            
    3. payment by card (Visa, Mastercard)
      4.        
       
    2.    
  2. The payment methods available for the Order are indicated each time the Order is placed. Payment methods may depend on the type of Products and the delivery method chosen.
    3.    
  3. If electronic payment or payment by card is chosen, the Customer is obliged to pay for the Order immediately, no later than 30 minutes after placing it.
    4.    
  4. If payment by bank transfer is selected, the Customer is obliged to pay for the Order no later than 3 days after its placement.
    5.    
  5. Electronic payments or payments by card are settled via selected services.

§ 11 Product Delivery

       
  1. The Seller offers the following delivery methods:        
                 
    1. courier delivery
      2.            
    2. Collection in person at: ul. Stolarzowicka 165B; 41-936 Bytom, Poland
      3.        
       
    2.    
  2. The delivery methods available for the Order are indicated each time the Order is placed. Delivery methods may depend on the type of Products and the chosen payment method.
    3.    
  3. Delivery is subject to payment, unless the Sales Agreement provides otherwise. Delivery costs are indicated each time you place an Order.
    4.    
  4. The Seller has the right to offer free delivery, in particular in the case of an Order whose value exceeds a specified amount.
    5.    
  5. If you choose collection in person as your delivery method, delivery is free.
    6.    
  6. If you order multiple Products with different delivery times, the delivery date is the longest date indicated when placing the Order.
    7.    
  7. The beginning of the delivery period is the day the payment is received by the Seller, which is understood as the receipt of payment in the Seller’s bank account.
    8.    
  8. Delivery takes place within the European Union.

§ 12 Right to withdraw from the Sales Agreement

       
  1. The Consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.
    2.    
  2. The 14-day period is counted from the date of delivery of the Product to the Consumer.
    3.    
  3. In order to withdraw from the Sales Agreement, the Consumer must submit a declaration of withdrawal to the Seller, which should include at least: the Consumer’s data, including the e-mail address and the Product designation.
    4.    
  4. The declaration may be submitted by e-mail to the address: ……………………… or via the website provided by the Online Store form in the “Returns and Complaints” tab.
    5.    
  5. In the event of withdrawal, the Sales Agreement is deemed not to have been concluded.
    6.    
  6. The Seller, subject to the exceptions indicated in the Act of 30 May 2014 on consumer rights, shall refund to the Consumer all payments made within 14 days from the date of receipt of the declaration of withdrawal.
    7.    
  7. The payment will be refunded using the same method that the Consumer used when placing the Order. The Seller will reimburse the Consumer for the delivery costs, however, if the Consumer has chosen a delivery method other than the cheapest, standard method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs.
    8.    
  8. The Seller may withhold reimbursement until the Product is received or the Consumer provides proof of sending back the Product, whichever comes first.
    9.    
  9. The Consumer is obliged to return the Product to the Seller within 14 days from the date of withdrawal from the Sales Agreement.
    10.    
  10. The Seller may offer the Consumer collection of the Product.
    11.    
  11. If the Seller has not offered the Consumer to collect the Product, the Consumer shall bear the direct costs of return.
    12.    
  12. The Product should be returned to the following address: ul. Stolarzowicka 165B; 41-936 Bytom, Poland.
    13.    
  13. The Consumer is liable for any reduction in the value of the Product resulting from use other than necessary to verify its features and functionality.
    14.    
  14. The Consumer has no right to withdraw from the Sales Agreement in the cases specified in Article 38 of the Act of 30 May 2014 on Consumer Rights, including, in particular, when:        
                 
    1. the subject of the service is a non-prefabricated item made according to the Consumer’s specifications
      2.            
    2. the product was delivered in a sealed package that cannot be returned after opening for health or hygiene reasons
      3.            
    3. the subject of the performance is a perishable item
      4.        
       

§ 15 Complaint

       
  1. The Seller is obliged to deliver to the Customer a Product in accordance with the Sales Agreement, within the meaning of the Act of 30 May on Consumer Rights.
    2.    
  2. If the Product is found to be non-compliant with the Sales Agreement, the Customer has the right to file a complaint in the following manner:        
                 
    1. The Customer may submit a complaint by e-mail to the following address: ……………………… or via the form provided by the Online Store in the “Returns and Complaints” tab.
      2.            
    2. The Customer is obliged to make the Product that is the subject of the complaint available to the Seller. Collection of the Product from the Customer takes place at the Seller’s expense.
      3.            
    3. The Customer should provide the following information in the complaint: Customer’s data; description of the non-conformity of the Product with the Sales Agreement; complaint request selected by the Customer from among those indicated in point 3.
      4.        
       
    3.    
  3. As part of the complaint, the Customer may request that the Seller repair or replace the Product.
    4.    
  4. The Customer may request the Seller to reduce the price or withdraw from the Sales Agreement if the Seller:        
                 
    1. refused to repair or replace the Product
      2.            
    2. did not repair or replace the Product
      3.            
    3. attempted to repair the Product, which is still inconsistent with the Sales Agreement
      4.            
    4. refused to replace or repair the Product unless repair or replacement is impossible or involves excessive costs
      5.        
       
    5.    
  5. The Buyer may also demand a price reduction from the Seller if the lack of conformity of the goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement.
    6.    
  6. The Seller is liable for non-conformity of the Product with the Sales Agreement for 2 years.
    7.    
  7. The Seller is obliged to respond to the complaint within 14 days. The response will be provided in the same manner in which the complaint was submitted, i.e. either by traditional mail to the Customer’s address or by e-mail.

§ 16 Guarantee

       
  1. The Seller is not obliged to provide a guarantee.
    2.    
  2. If the Seller grants the Customer a guarantee, he or she shall submit to the Customer a separate guarantee statement specifying the obligations of the Seller as the guarantor and the Customer’s rights if the Product does not have the properties specified in the guarantor’s statement.

§ 17 Extrajudicial methods of resolving disputes

       
  1. The Consumer may use out-of-court dispute resolution methods, the rules of which can be found at: https://polubowne.uokik.gov.pl/

§ 17 Final Provisions

       
  1. These Regulations are effective as of ………………………
    2.    
  2. The regulations are available at ……………………………………..
    3.    
  3. The Seller may change the Regulations for important reasons, in particular in the case of:        
                 
    1. changes in the regulations governing the sale of Products and the provision of services electronically
      2.            
    2. changes in the manner of providing services by the Seller for technical or technological reasons
      3.            
    3. changes in the scope of services provided by the Seller
      4.        
       
    4.    
  4. Amendments to the Regulations will be made available by publication in the Online Store and to the Customer’s address provided when creating the Customer Account.
    5.    
  5. In matters not regulated herein, the provisions of Polish law shall apply, in particular the Civil Code, the Act of 18 July 2002 on the Provision of Services by Electronic Means, and the Act of 30 May 2014 on Consumer Rights.