Terms and Conditions
These Terms and Conditions were created in order to protect your rights. They contain information on how to place an order, terms of concluding a contract, payment method, rules for providing the Hosting Service as well as information on the procedure for withdrawing from the contract for purchased goods, complaint procedure and any other information prescribed by law.
§1 Definitions
The terms used in the Regulations mean:
Seller/Service Provider/Administrator/Hosting Service Provider – Agnieszka Dubowska conducting business under the name boWOOLę handmade by Agnieszka Dubowska at Wilczogóra 62-550, ul. Wrzosowa 6, NIP: 6653038264 in accordance with the document generated from the Central Register and Information on Business Activity system.
Price – value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Goods.
Proof of purchase – invoice, fiscal receipt or other proof provided to the Customer at their request confirming the sale of the Goods. Proof of purchase is issued in accordance with the Act on Tax on Goods and Services of 11 March 2004 and other applicable legal provisions.
Business day – a day from Monday to Friday, excluding public holidays.
Order Form – an interactive form available in the domain of the online store www.bowoole.com enabling the placement of an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Customer/User/Hosting Service Recipient – a natural person, legal person and an organizational unit that is not a legal person, to which separate regulations grant legal capacity, who has concluded or intends to conclude an Agreement with the Seller, or who has placed Content on the Website.
Consumer – in accordance with art. a consumer within the meaning of art. 22[1] of the Civil Code, a Customer who is a natural person who performs a legal act with the Seller not directly related to their business or professional activity.
Newsletter – an electronic distribution service offered by the Seller via e-mail, which the Customer can order/subscribe to. It allows Service Users to receive electronic content from the Seller: information about the Seller, Goods, services related to the Seller, new products, promotions in the Store.
Payment Operator – PayU S.A. with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, entered into the register of entrepreneurs maintained by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000274399, with the Tax Identification Number (NIP) 779-23-08-495; a national payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under the number IP1/2012.
Entrepreneur with Consumer Rights – an Entrepreneur concluding an Agreement with the Seller related to the business activity conducted by him, but this agreement does not have a professional character for this person, resulting in particular from the subject of the business activity conducted by him disclosed in the Central Register and Information on Business Activity.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which separate regulations grant legal capacity, conducting business activity on its own behalf, including professional activity, which, as part of this activity and for its needs, make a purchase directly related to this activity, in the Store.
Regulations – these Store Regulations, also specifying the terms of use of the services provided by the Seller, including the Indirect Service. Online Store/Store/Service – online store available at www.bowoole.com/shop and on its relevant subpages, through which the Customer can place Orders and purchase specific Goods and share Content as part of the Hosting Service.
Sales Agreement – a sales agreement for Goods concluded between the Seller and the Customer through the Online Store.
Distance Agreement – an agreement concluded between the Customer and the Seller through the Store, without the physical presence of the parties, using only one or more means of distance communication, until the conclusion of the agreement.
Electronic Service – a service provided electronically by the Service Provider to the Service Recipient (Customer) through the Store.
Goods – all movable items offered through the Store.
Durability of goods – the ability of the goods to maintain their functions and properties during normal use.
Order – a declaration of will of the Customer, expressing the direct will to conclude a Distance Agreement submitted using means of distance communication. The Order specifies the Product to which it relates, as well as the information necessary to conclude and perform the Agreement, indicated in the Order Form such as payment method, delivery method, place of delivery, Customer data.
Payment – payment of the amount due to the Seller, which may be made via online payment methods available in the Store or upon personal collection of the goods, depending on the selected payment method and the ordered Product.
System – a set of IT devices and software that enables processing, storage, sending and receiving of data via telecommunications networks using the appropriate terminal device (Internet).
Content – all information provided by the User in any form, including text, graphics, photos within the Service or other places moderated by the Administrator, in particular within the Website or Store or functionalities of these places made available to the User.
Illegal content – information that, in itself or by reference to an activity, including the sale of products or the provision of services, is not in accordance with Union law or with the law of any Member State that is in accordance with Union law, regardless of the specific subject matter or nature of that law.
Service recipient – a natural or legal person who uses an intermediate hosting service, in particular for the purpose of seeking information or making it available.
Content moderation – actions, regardless of whether they are automated, undertaken by the Administrator, the purpose of which is, in particular, to detect, identify and combat illegal content or information that is inconsistent with the terms of use of the Administrator’s services, transmitted by recipients of the service, including implemented measures that affect the availability, visibility and accessibility of such illegal content or information, such as depositioning such content or information, demonetization, preventing access to it or removing it, or that affect the ability of recipients of the service to transmit such information, such as closing or suspending the recipient’s account.
Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as the GDPR.
Personal Data Protection Act – Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000, as amended).
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended).
DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
§2 Introductory Provisions
The Service Provider and Seller in the Store is Agnieszka Dubowska conducting business activity under the name boWOOLę handmade by Agnieszka Dubowska at the address Wilczogóra 62-550, ul. Wrzosowa 6, NIP: 6653038264 in accordance with the document generated from the Central Registration and Information on Business system
The online store is available in the domain www.bowoole.com/shop and on the appropriate subpages, run by the Seller.
In any matter related to the order or operation of the store, contact the Seller using the following contact details:
– e-mail address: contact@bowoole.com
– phone number: +48791409209
– contact form available within the Store.
The Seller provides the Customer or User with the Regulations free of charge before starting to use the Store. The Customer may record the content of the Regulations in a manner convenient for them, e.g. by saving on a durable medium or printing.
The Seller is not a VAT payer.
The Goods offered by the Seller in the Store are handmade and new.
The condition for using the Store and concluding the Sales Agreement is the acceptance of the provisions of the Regulations. By accepting them, the Customer agrees to all provisions of the Regulations and undertakes to comply with them.
Acceptance of the Regulations is voluntary, but necessary for concluding the Agreement and placing an Order by the Customer via the Store.
Information about the Goods provided on the Store’s websites, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are merely an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
The Customer using the Store is obliged to:
– Use the Electronic Services in a manner consistent with applicable legal regulations and the provisions of these Regulations;
– Not provide or transmit content of an unlawful nature;
– Use any content posted in the Store only for personal use in accordance with the license granted (if any);
– Not post Spam.
All photos of the Goods and other materials, texts, descriptions of goods, graphics, logos posted in the Store, Order Form, are the property of the Seller or have been used by him with the consent of third parties who have copyrights or other intellectual property rights to them. It is prohibited to copy photos and other graphic materials without the written consent of the Seller or another third party who has rights to them.
It is prohibited to download photos and other materials of the Store and use them for marketing and commercial purposes or any other purposes. The use of the above-mentioned materials without the written consent of the Seller or another third party who is entitled to copyright or intellectual property rights is illegal and may constitute grounds for initiating civil and criminal proceedings against those who commit such practices.
By placing entries on the Website, in particular texts, photographs and drawings, the Customer grants the Seller a free, non-exclusive and territorially unlimited license to record them using any technique, publicly disseminate, make available and use them for promotional and advertising purposes. In particular, by placing their comments and reviews on the Website on the subject of a given Product or Digital Content, the Customer consents to the use of these comments and reviews by the Service Provider, including their dissemination for promotional and advertising purposes of the Website. The Customer also grants the Service Provider authorization to exercise dependent rights to the Customer’s work and to exercise personal copyrights on behalf of the Customer, in particular the right to integrity. The Customer may terminate the subject agreement at any time by submitting to the Service Provider a declaration of termination of the subject license together with a request to remove the materials indicated in this declaration.
The Customer may not make a purchase anonymously or under a pseudonym or using incorrect personal data.
The Seller has the right to organize occasional competitions and promotions, the terms of which will be provided on the Store’s website each time.
The prices, specifics of each Product, its composition, characteristics and information on important properties are provided with the presented Product.
The Customer may use the Store’s functions in a manner consistent with the Regulations and applicable regulations and in a manner that does not disrupt the functioning of the Store and other Customers.
Information regarding the Products, in particular their prices, do not constitute an offer within the meaning of Art. 71 of the Civil Code, they are an invitation to conclude a contract.
The following Products are available in the Store:
– Hand-knitted clothing in standard sizes
– Products made to the Customer’s individual order (in order to place such an order, the Customer should contact the Seller at the e-mail address provided by him. The process of ordering such Products will be agreed with the Customer by e-mail correspondence).
§3 Services provided electronically
Services provided by the Seller electronically via the Store are:
– Presentation of Goods;
– Enabling the conclusion of a Sales Agreement via the Order Form;
– Newsletter – the terms of providing the newsletter service are available in the newsletter regulations;
– Opinions;
– Sending and receiving messages on the Website;
– Enabling access to information made available as part of the Website.
Services are provided electronically to the Buyer free of charge. However, sales agreements concluded via the Store are subject to a fee.
§4 Minimum Technical Requirements
To use the Store, including browsing the Store’s assortment and placing orders for Goods, you need:
– Internet access from a device that allows it (e.g. computer, telephone); – A properly configured, up-to-date version of a web browser that supports cookies and JavaScript scripts, e.g. Google Chrome, Internet Explorer, Mozilla Firefox, Opera, Safari;
– A properly configured, up-to-date version of a web browser that supports cookies and JavaScript scripts, e.g. Google Chrome, Internet Explorer, Mozilla Firefox, Opera, Safari;
– An active and properly configured e-mail account.
The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and by unauthorized third parties.
The Seller takes appropriate actions to ensure the proper functioning of the Store.
Before using the Service, the Customer is obliged to check whether the device they have meets the technical requirements specified in the Regulations.
§5 Conclusion of the Agreement and Fulfillment of Orders for Goods
The Customer may place an Order and then conclude the Agreement via the Order Form on the Store’s website, to the extent necessary to finalize the Order.
Orders in the Store can be placed 7 days a week, 24 hours a day, excluding situations beyond the Seller’s control (force majeure).
In order to successfully place an Order, the Customer must:
– Select the available variants of the Goods and add the Goods to the Cart; to do this, click the “Add to Cart” button next to the presented Goods;
– Proceed to pay for the order by clicking the “Go to checkout” button;
– Fill in the order form with the necessary data;
– Choose a payment method from those available in the Store;
– Choose a delivery method from those available in the Store;
– Accept the provisions of the Regulations and Privacy Policy;
– Click the “Buy and pay” button, which indicates the need to pay for the order and complete the purchase on the next page. The Customer is aware and understands that by clicking the “Buy and pay” button, they are entering into an Agreement with the Seller, which involves the Customer’s obligation to pay.
In the event of selecting the “personalized size” option, it is necessary to provide the required dimensions to the email address: contact@bowoole.com or to fill out the form regarding dimensions available on the website www.bowoole.com/how-to-take-measurements/ within no more than 3 days of placing the order.
In order to place an Order, the Customer must provide the following data in the forms:
– name and surname,
– address (country, street, building number, apartment number, postal code, city),
– telephone number,
– e-mail address
The order sent by the Buyer is a declaration of the Buyer’s will to conclude a sales agreement with the Seller, in accordance with the provisions of these Regulations.
The Customer may also indicate a different shipping address by checking the checkbox “Send to a different address?” and indicating a different shipping address on the page to which he will be redirected.
The Customer may also optionally submit comments to the order, e.g. additional information about the delivery of the parcel.
The Customer may modify the Order within the Service until the “Buy and pay” button is activated.
In a situation where the Customer wishes to receive a VAT invoice, they are obliged to indicate the tax identification number (NIP) in the Order Form. The invoice will be sent to the e-mail address provided by them, to which the Customer agrees.
The Customer makes the payment by selecting one of the payment methods available in the Store.
After placing the Order, the Seller immediately confirms the placement of the Order by the Customer. Confirmation of the placement of the Order by the Seller takes place by sending the Customer an e-mail message containing confirmation of all essential elements of the Order, to the e-mail address provided by the Customer.
The e-mail message constitutes confirmation of the conclusion of the Sales Agreement between the Seller and the Customer.
The Agreement is treated as concluded upon receipt by the Customer of an e-mail message confirming all essential elements of the Sales Agreement.
The Seller reserves the right not to process the Order in the event of:
– incorrect/incomplete completion of the Order form (lack of all data required to process the Order),
– failure to receive payment within 3 days of placing the Order (in the event of choosing the bank transfer payment option).
§6 Prices of Goods
The prices of Goods listed in the Store are in Polish zloty and are gross prices, which means that they include all taxes required by applicable legal regulations.
The prices of Goods listed in the Store do not include the costs of delivery of the Goods. The costs of delivery of the Goods are provided each time in the Order Form during the placement of the Order, including immediately before and at the time of confirmation and placement of the Order by the Customer, and are included in the total value of the Order.
The total value of the Order includes the price of the Goods and the costs of delivery. The Customer is informed about the total amount of the Order including the costs of delivery each time before placing the Order and in the e-mail confirming the placement of the Order.
The prices of Goods listed in the Store do not include additional costs, such as customs duties, taxes and customs clearance fees. The Customer is fully responsible for these costs.
The Seller does not use mechanisms for individual price adjustment in the Store based on automated decision-making.
The Seller provides information on the lowest price of a given Good, which was valid in the period of 30 days before the introduction of the price reduction.
If a given Product is offered for sale in the Store for a period shorter than 30 days, in addition to information about the reduced price, the Seller also displays information about the lowest price of a given Product, which was valid in the period from the day on which the Product was offered for sale until the day of introducing the reduction.
The Seller does not use tools from external suppliers to meet the requirements regarding prices, promotions and reductions and their presentation on the website and subpages of the Online Store.
§7 Payment Methods and Delivery Fee for Ordered Goods
Possible current payment methods are specified in the Store in the “Payment Methods” tab and each time on the subpage of a given Product, including when the Customer expresses their will to conclude the Agreement.
The following forms of payment for the ordered Products are possible:
– Traditional bank transfer to the Seller’s bank account number, to the bank account number PL 73 1050 1520 1000 0097 3923 1745 within 3 days from the date of placing the Order.
– Electronic transfer – possible via the Payment Operator’s system;
– BLIK payment via the service provided by the Payment Operator.
In the case of electronic payments, the Product will be sent after the transfer has been received and posted to the Seller’s bank account.
A receipt or invoice is issued for each Order.
Complaints – The Customer may file a complaint regarding the Payment. Complaints are considered in accordance with the rules of the Payment Operators.
§8 Delivery of Goods
Delivery is available in the following countries: Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Montenegro, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Iceland, Kosovo, Liechtenstein, Lithuania, Luxembourg, Latvia, North Macedonia, Malta, Monaco, Moldova, Germany, Norway, Poland, Portugal, Romania, San Marino, Serbia, Switzerland, Sweden, Slovakia, Slovenia, USA, Ukraine, UK, Hungary, Italy.
Delivery is made from Poland. To countries outside the EU, customs duties, state/national taxes and/or customs clearance may be charged, which are fully covered by the Customer.
Delivery of Goods to the Customer is subject to payment, unless the Promotion Regulations or the Sales Agreement provide otherwise.
Available methods and delivery costs of the Goods are indicated to the Customer in the “Delivery Methods and Costs” tab in the Store and each time in the Basket, including when the Customer expresses the will to conclude an Agreement with the Seller.
The Goods will be shipped within 2 to 4 weeks from the day following the day on which the Seller receives payment.
The Order completion date does not include the delivery time of the Goods, which depends on the delivery method selected by the Buyer.
The Customer can choose from the following delivery methods:
– Postal delivery;
– Courier delivery;
The Order will be completed to the shipping address indicated in the Order Form.
If the Customer chooses payment by bank transfer when making a purchase, they undertake to immediately deposit the funds into the Seller’s bank account. In the event of failure to deposit the funds into the Seller’s bank account within 3 business days from the date of placing the Order in the Store (excluding Saturdays, Sundays and other public holidays), the Order will be canceled.
It is assumed that the date of payment is the date on which the Seller’s bank account is credited.
§9 Right of Withdrawal from the Contract
In accordance with art. 27 of the Act, the Consumer, as well as the Entrepreneur with Consumer Rights, may withdraw from this contract within 14 days without giving any reason, subject to §9 sec. 17 of the Regulations and without incurring any costs. The costs specified below are an exception.
The period for withdrawal from the contract starts on the day following the moment the Consumer or Entrepreneur with Consumer Rights takes possession of the Goods.
In order to effectively withdraw from the contract, the Consumer or Entrepreneur with Consumer Rights is obliged to inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement (for example via e-mail or traditional mail) before the expiry of the period for withdrawal from the contract.
In case of withdrawal from a contract concluded remotely, the contract is deemed not to have been concluded. If the Customer who is a Consumer or Entrepreneur with Consumer Rights submitted a statement of withdrawal from the contract before the Seller accepted their offer, the offer ceases to be binding.
The Seller shall immediately send the Consumer or Entrepreneur with Consumer Rights a confirmation of receipt of the declaration of withdrawal from the contract to the e-mail address provided by him/her.
The Consumer or the entity indicated in paragraph 1 is obliged to return the Goods to the Seller no later than within 14 days from the day on which the Consumer informed the Seller of the withdrawal from the contract. To meet the deadline, it is sufficient if the Goods are sent before the expiry of the 14-day period to the following address: ul. Wrzosowa 6, 62-550 Wilczogóra POLAND
The Seller is obliged to immediately, no later than within 14 days from the receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer all payments made by him/her, including the cost of delivery of the Goods, subject to the regulations below.
The Seller shall return the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of return that does not involve any costs for him/her on the part of the Seller.
The Seller may withhold the refund until the Goods are received or until proof of their return is provided, depending on which event occurs first.
The Consumer or Entrepreneur with Consumer Rights shall not bear the cost of the return, except for the usual costs of returning the Goods to the Seller (costs of returning the Goods to the Seller).
The Consumer or Customer with Consumer Rights shall be liable for the reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Goods.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest possible method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by them.
The corrective invoice will be sent to the Customer electronically to the e-mail address provided when placing the Order, to which the Customer agrees.
In accordance with Article 38 of the Act, the right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the Consumer or the Entrepreneur with Consumer Rights in relation to contracts:
– for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract, and has acknowledged this;
– in which the subject of the provision is a non-prefabricated product, manufactured according to the consumer’s specifications or intended to meet his individual needs, i.e. Goods selected in the “personalised size” variant
– for the provision of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract, and has acknowledged this, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15 paragraph 1 and 2 or Article 21 paragraph 1;
§10 Complaint Handling Procedure
The Seller is liable to the Customer, who is a consumer within the meaning of art. 221 of the Civil Code and the Act for non-compliance with the Sales Agreement of Goods purchased by the Customer (warranty).
All complaints can be sent to the e-mail address: contact@bowoole.com or traditional address: ul. Wrzosowa 6, 62-550 Wilczogóra POLAND
The complaint should include data enabling the identification of the Customer (name and surname, correspondence address, e-mail address), the subject of the complaint and requests related to the complaint. In the event of receiving an incomplete complaint, the Seller will request the Customer to complete it.
The Seller is liable for the lack of compliance of the Goods with the Agreement existing at the time of its delivery and disclosed within 2 years from that moment.
In the event of non-compliance of the Goods with the Agreement, the Consumer and the Entrepreneur with Consumer Rights have the right to demand the replacement or repair of the Goods, and in the event of impossibility or refusal to bring the Goods into compliance with the agreement in this way, to demand a price reduction or to withdraw from the agreement for the sale of the Goods.
The Seller may refuse to bring the Service into compliance with the agreement if bringing the Service into compliance with the agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into compliance with the agreement.
The Seller is obliged to return to the Customer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Customer’s statement on the price reduction.
The Customer may not withdraw from the agreement if the lack of compliance of the Goods with the Agreement is immaterial. It is presumed that the lack of compliance of the Goods with the Agreement is material.
The Seller shall repair or replace within a reasonable time from the moment the Customer has informed them of the lack of conformity with the Agreement, and without excessive inconvenience to the Customer, taking into account the specificity of the Goods and the purpose for which the Customer acquired them.
The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
The Customer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Customer at its own expense.
The Entrepreneur is obliged to deliver the Goods at its own expense to the Seller.
If the lack of conformity with the Agreement concerns only some of the Goods delivered under the Agreement, the Customer may withdraw from the Agreement only in relation to these Goods, and also in relation to other Goods acquired by the Customer together with the Goods that are not in conformity with the Agreement, if it cannot be reasonably expected that the Customer will agree to retain only the Goods that are in conformity with the Agreement.
In the event of withdrawal from the Agreement, the Customer shall immediately return the Goods to the Entrepreneur at its own expense. The Entrepreneur shall return the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
The Seller shall respond to a complete complaint within 14 days from the date of receipt of the complaint and shall inform the Customer about further proceedings to the e-mail address of the person filing the complaint or in the same way in which the Customer contacted him or in another way agreed with the Customer.
The Seller shall process the Customer’s personal data in order to consider the complaint and in accordance with the privacy policy.
In the case of a Customer who is a Consumer or an Entrepreneur with Consumer Rights, the costs of the complaint shall be borne by the Seller, in particular the costs of delivering the Goods to the Seller, as well as the costs of sending them back to the Customer by the Seller.
§11 Reviews shown in the store
The Seller ensures that the opinions published by him come only from people who have used the Services.
The Seller ensures that all opinions about the Goods and Services posted on the Store’s website and in the Store’s social media come only from Customers who have made a purchase in the Store.
Customers have the opportunity to leave an opinion about the Goods and Services and for this purpose they can submit such an opinion by sending an e-mail or via the Opinion in the Store service.
Opinions presented in the Store are verified by the Seller in such a way that the Seller contacts the authors of opinions that are incomprehensible to him or raise doubts and suspicions that they do not come from his customers.
The Seller does not use opinions that have been bought, sponsored or obtained through trade. He also has no right to publish or order the publication of false opinions or recommendations, or to change existing opinions or recommendations in order to promote his products or digital services in the store.
The Buyer should formulate opinions in a reliable, honest and substantive manner, if possible linguistically correct and without using vulgarisms or other words commonly considered offensive.
It is prohibited to post opinions:
a) Without first using the Store;
b) About Products that the Buyer has not used or purchased;
c) Fulfilling the characteristics of an act of unfair competition within the meaning of Art. 3 of the Act of 16 April 1993 on Combating Unfair Competition;
d) Infringing the personal rights of the Seller or a third party;
e) By paid users, in particular for the purpose of artificially increasing/lowering the Product rating.
§12 DSA Regulations
Indirect hosting service
The Administrator is the provider of the Indirect Hosting Service (hereinafter referred to as the Hosting Service) within the meaning of the DSA, i.e. consisting in storing information provided by the Service Recipient and at their request.
The hosting service consists in enabling Service Recipients to post Content within the Service, such as:
opinions and ratings
The Administrator also provides the Hosting Service within its accounts available in social media, i.e. on the Instagram/Facebook/Pinterest portal, which service enables Users to leave comments under posted posts, add posts, add ratings and opinions.
The Administrator applies procedures that enable any person to report Content that a given person or entity considers illegal and inconsistent with the Regulations.
The Administrator designates an electronic contact point referred to in art. 11 and 12 DSA related to the Service intended for direct communication with the authorities of the Member States, the Commission, the Digital Services Council and by Users for direct and fast communication: contact@bowoole.com
Communication may be conducted in Polish/English.
Content moderation rules, procedure for reporting prohibited Content and appeal procedure.
The Administrator may moderate Content posted by Users as part of the Service.
The Administrator informs the User who posted the Content about its moderation along with the justification, provided that the Administrator has data enabling contact with the User.
The User may not post Content:
– that contains links,
– that is intended to promote the User’s activities, serves and consists in particular of posting advertisements and promoting products, services,
– that incite violence against any third parties or other living beings,
– that is defamatory, insulting, violating the personal rights of any third party,
– of an untrue nature, violating good customs and principles of social coexistence.
Each submitted Content is not subject to automatic evaluation in terms of prohibited Content. If the User of the Service comes across Content that is in their opinion prohibited or inconsistent with the Regulations, including, for example, illegal Content inciting hatred, they may report this fact to the Administrator by sending an e-mail to the following address: contact@bowoole.com
The report should include:
– an explanation of the reasons why the Reporting Person alleges that the relevant information constitutes illegal Content,
– an indication of the exact electronic location of the Content, such as the exact URL address,
– the name and surname or name and e-mail address of the person or entity making the report.
If the report contains electronic contact details of the Reporting Person, the Administrator shall, without undue delay, send such Reporting Person a confirmation of receipt of the report.
The Administrator shall also, without undue delay, notify the Reporting Person of its decision in relation to the information to which the report relates, providing information on the possibility of appealing the decision taken.
The Administrator considers all reports received as part of the procedure for reporting illegal Content or Content that is inconsistent with the Regulations and makes decisions with respect to the Content to which the reports relate, in a timely, non-arbitrary and objective manner and with due diligence within 14 days. The Administrator will also inform whether it uses automated means.
Before issuing a decision, the Administrator may ask the User who posted the Content covered by the report to provide explanations for the report, if this is necessary to make a decision.
When a violation is found, the Administrator has the right to:
– Refuse to publish the Content,
– Remove the Content,
– Prevent access to the Content,
– Demonetize the Content,
– Suspend or terminate the provision of the Hosting Service in whole or in part for the User who committed the violation.
The Administrator shall notify the Reporting Person and the User who committed the violation without undue delay of the decision made.
The User and the Reporting Person may appeal against the Administrator’s decision within 14 days.
The appeal should contain a comprehensive justification.
The Administrator considers appeals within 14 days.
The Administrator informs that it has no obligation to monitor the information that Users provide or store, nor to actively determine facts or circumstances indicating illegal activity.
Cooperation with state authorities
If the Administrator receives any information giving rise to a suspicion that a crime has been committed, is being committed or may be committed that threatens the life or safety of a person or persons, the Administrator shall immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all available information on this subject.
Termination of use of the Hosting Service
The User has the right to terminate the use of the Hosting Service at any time. For this purpose, the User may use the available forms of termination of use of the Hosting Service, such as: deleting the Content provided by the User or contacting the Administrator at the e-mail address provided above.
Changes to the Regulations
The Administrator has the right to introduce changes to the Regulations in justified cases.
The Administrator shall inform the User of significant changes introduced in the terms of use of the Administrator’s Hosting Service, including in the event of changes in legal regulations or changes in the rules for publishing Content.
§13 Personal Data Protection and Cookies
In accordance with art. 13 sec. 1 and sec. 2 of the GDPR and the Act of 10 May 2018 on the protection of personal data, I inform you that:
The administrator of the Customer’s personal data is Agnieszka Dubowska conducting business activity under the name boWOOLę handmade by Agnieszka Dubowska at the address Wilczogóra 62-550, ul. Wrzosowa 6, NIP: 6653038264 in accordance with the document generated from the Central Registration and Information on Business system, also referred to in the Regulations as the Seller.
You can contact the Administrator using the following data: e-mail: contact@bowoole.com or in writing to the Administrator’s address.
The Customer’s personal data provided by the Customer will be processed on the basis of an agreement concluded between the Customer and the Administrator, the conclusion of which occurs as a result of acceptance, on the basis of art. 6 sec. 1 letter b of the GDPR (necessity to conclude and/or perform the agreement). This is necessary for the performance of this agreement and then maintaining the Customer Account and Customer service related to the concluded agreement.
The Customer’s personal data may also be processed for the following purposes and on the following legal bases:
– analyzing data collected automatically when using the website – based on art. 6 sec. 1 letter f of the GDPR (legitimate interest of the Administrator);
– issuing an invoice and fulfilling other obligations resulting from tax law – based on art. 6 sec. 1 letter c of the GDPR (obligation resulting from legal provisions);
– considering complaints or claims – based on art. 6 sec. 1 letter b of the GDPR (necessity to conclude and/or perform the agreement);
– establishing, pursuing or defending against claims – based on art. 6 sec. 1 letter f) of the GDPR (legitimate interest of the administrator);telephone contact in matters related to the provision of the service/complaint – based on art. 6 sec. 1 letter b of the GDPR (necessity to conclude and/or perform the contract);
– creation of registers and records related to the GDPR – based on art. 6 sec. 1 letter c) of the GDPR (obligation resulting from legal provisions) and art. 6 sec. 1 letter f of the GDPR (legitimate interest of the administrator);
– archival and evidentiary, for the purposes of securing information that may be used to demonstrate facts – based on art. 6 sec. 1 letter f) of the GDPR (legitimate interest of the administrator);
Use of cookies on the website – based on art. 6 sec. 1 letter a of the GDPR (Consent)
Providing personal data is voluntary, but necessary for purposes related to the implementation of the contract and the implementation of the legitimate interests of the Administrator. Failure to provide them will make the conclusion and implementation of the Agreement impossible. The Client’s personal data will be processed for the duration of the contract, as well as for the period of securing potential claims in accordance with generally applicable legal provisions. Then they will be deleted, unless the Client decides to use the Administrator’s services and leaves them on a different basis and for the purpose indicated to him.
The Client’s personal data will be made available to other data recipients, such as: Accounting, services providing IT system maintenance and hosting services, mail service provider, law firm, subcontractors and contractors, involved in the work of the online store, etc.
Due to the fact that the Administrator uses external suppliers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc. the Client’s data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries) apply compliance mechanisms provided for by the GDPR (e.g. certificates) or standard contractual clauses. They will be transferred only to recipients who guarantee the highest protection and security of data, including: by:
– cooperating with entities processing personal data in countries in respect of which an appropriate decision of the European Commission has been issued,
– using standard contractual clauses issued by the European Commission (as is the case with Google, for example),
– using binding corporate rules approved by the relevant supervisory authority, or those to which the Client has consented.
The Client has the right to access the content of their data, correct it, rectify it, delete it or limit its processing, the right to object to the processing, the right to transfer data, the right to request access to the data, and the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office, if they consider that the processing of their data is inconsistent with the currently applicable legal provisions in the field of data protection. They also have the right to be forgotten if further processing is not provided for by the currently applicable provisions of law.
The Client also has the right to withdraw consent at any time, if they provided their personal data based on consent. Withdrawal of consent does not affect the processing of data that was carried out on the basis of consent before its withdrawal.
The Customer’s data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the Customer.
The Administrator takes technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
Detailed principles of collecting, processing and storing personal data used to fulfill orders, as well as the cookie policy, are described in the Privacy Policy
§14 Out-of-Court Complaint and Claim Settlement Procedures
The Seller agrees to submit any disputes arising in connection with the sale of goods to mediation proceedings. The details will be specified by the parties to the conflict.
The consumer has the option of using out-of-court methods of handling complaints and pursuing claims. The consumer has the option of, among other things:
– applying to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded contract,
– applying to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller,
– using free assistance from the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
More detailed information on out-of-court methods of handling complaints and pursuing claims can be found on the website http://www.uokik.gov.pl and at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection or Voivodship Inspectorates of the Trade Inspection.
The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
The case may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to this. In other cases, any disputes shall be submitted to competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.
§15 Final Provisions
Agreements concluded through the Store and the services provided are performed in Polish and based on the provisions of Polish law.
The Seller reserves the right to make changes to the Regulations. The Regulations in force on the date of conclusion of the agreement shall apply to agreements concluded before the change of the Regulations.
These Regulations shall apply from the date of publication on the Store’s website.
These Regulations have been drawn up based on the provisions of Polish law. In matters not regulated by these Regulations, the provisions of Polish law shall apply, including the Civil Code, the Consumer Rights Act or other acts applicable to the activity and functioning of the online store, in force in the territory of the Republic of Poland.
The provisions of the Regulations do not exclude the possibility for Customers to invoke the mandatory provisions of law regulating the protection of consumer rights.
The provisions of these Regulations do not exclude taking legal steps provided for in generally applicable provisions of law in relation to persons violating the terms of the license and copyright.
Resolving any disputes between the Seller and the Customer who is not a consumer within the meaning of Art. 221 of the Civil Code, shall be submitted to the court with jurisdiction over the Seller’s registered office.
Link to privacy policy: Privacy Policy
Link to these Regulations: Rules and Regulations