I. Definitions
The terms used in the Regulations shall mean:
- Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store.
- Consumer - A customer who, in accordance with Article 22[1] Civil Code is a natural person making a legal transaction with the Seller that is not directly related to his/her business or professional activity, as well as a Customer who is a natural person, concluding a contract directly related to his/her business activity, when the content of the contract shows that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
- Civil Code - Law of April 23, 1964 (Dz.U. No. 16, item 93 as amended).
- Entrepreneur - A customer making a legal transaction with the Seller in the course of his business;
- Regulations - these Regulations defining the general terms and conditions of sale and the rules for the provision of services by electronic means within the framework of the Internet Shop boxmarket.eu.
- Online Shop (Store) - Internet service available at boxmarket.eu, through which the Customer may, in particular, place Orders and purchase Goods.
- Seller - Boxmarket Sp. z o.o., Św. Tomasza 4, 05-840 Brwinów, REGON: 525464629, NIP: 5342665136, entered in the Register of Entrepreneurs kept by the District Court for the m.st. Warsaw, XIV Economic Department of the National Court Register, under the number 0001039579 Share capital: pLN 57,150.00.
- Goods - products presented by the Seller in the Online Store for sale.
- Customized Goods - Goods for sale in the Online Store, having an individualized character in accordance with the Customer's order,
- Sales Contract (Agreement) - contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, concluded using the website of the Store boxmarket.eu.
- PRO service - a service consisting in the possibility of ordering by the Customer of Goods outside the range of Goods presented in the Store, on terms and conditions agreed individually between the Seller and the Customer in accordance with the procedure specified in the Regulations.
- Consumer Rights Act - Law of May 30, 2014 on consumer rights (Dz.U. 2014, item 827).
- Law on provision of electronic services - Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended).
- Order - a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
II. General Provisions
- These Regulations set out the rules for the use of the Online Store available at the following address boxmarket.eu.
- These Regulations are the Regulations referred to in Article 8 of the Law on Providing Electronic Services.
- The boxmarket.eu online store, operating under the address boxmarket.eu, is run by the Seller, i.e. Boxmarket Sp. z o.o., Św. Tomasza 4, 05-840 Brwinów ,REGON: 525464629, NIP: 5342665136, entered in the Register of Entrepreneurs kept by the District Court for the m.st. Warsaw, XIV Economic Department of the National Court Register, under the number 0001039579 Share capital: pLN 57,150.00.
- To place an Order in the boxmarket.eu Store, the Customer must have a desktop or laptop computer, or a mobile device (e.g. smartphone, tablet).
- In order to use the Online Store, the Customer should, on his own, obtain access to a computer workstation or terminal device referred to in paragraph 4, with Internet access.
- In accordance with applicable laws, the Seller reserves the right to limit the provision of services through the Online Store to persons 18 years of age or older. In such a case, potential customers will be notified of the above.
- Customers may access these Terms and Conditions at any time through the link provided on the home page of the boxmarket.eu website, as well as download and print them.
III. Rules of using the Online Store
- Registration within the Online Store is voluntary. The Customer may place an Order without registering with the Store, after reading and accepting these Regulations. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Store. Registration is conditional on agreeing to the content of the Regulations and providing personal data marked as mandatory.
- The Seller may deprive the Client of the right to use the Online Store, as well as may restrict the Client's access to some or all of the Online Store's resources, with immediate effect, if the Client violates the Terms and Conditions, and in particular, if the Client: provided during registration in the Online Store data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties; committed, via the Online Store, a violation of personal rights of third parties, in particular the personal rights of other Customers of the Online Store; committed other actions that are inconsistent with applicable laws or general rules of Internet use, in particular when it is justified by security reasons, caused by the Customer's breaking or attempting to break security, or other hacking activities or harming the good name of the Seller. A person who has been deprived of the right to use the Online Store may not register again without the prior consent of the Seller.
- In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the website, the Online Store takes technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted over the Internet.
- In particular, the customer is obliged to:
- use the Online Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules for the use of the Internet; not to provide or transmit content prohibited by law, such as content that promotes violence, defamatory or violating personal rights and other rights of third parties;
- use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices; not to take actions such as: sending or posting unsolicited commercial information (spam) within the Online Store; use the Online Store in a manner that is not burdensome to other customers and the Seller;
- use of any content posted within the Online Store only within the scope of permitted personal use.
IV. Procedure for conclusion of the Sales Agreement
- In order to conclude a Sales Contract through the Online Store, one should enter the website boxmarket.eu and make a selection of Goods by taking subsequent technical actions based on the messages displayed to the Customer and information available on the website.
- Customer's choice of ordered Goods is made by adding them to the shopping cart.
- During the process of placing the Order - until the button confirming the Order is pressed - the Customer has the possibility of modifying the entered data and the selected Goods. To do so, the Customer should follow the messages displayed and the information available on the website.
- After the Customer using the Online Store has provided all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include m.in. description of the selected Goods or services, the total price and all other costs.
- In order to send an Order, it is necessary for the Customer to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the button confirming the placement of the Order.
- Information about the Goods given on the Store's website is only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to the Customers, and not an offer within the meaning of the Civil Code. The Customer's sending of the Order constitutes a statement of intent to conclude a Contract of Sale with the Seller, in accordance with the content of the Terms and Conditions. The Contract is considered concluded at the moment when the Customer's Order is entered into the Online Store's computer system, provided that the Order complies with the Regulations. After concluding the Contract, the Customer receives an e-mail message containing confirmation of all significant elements of the Order.
- Customers may access these Terms and Conditions at any time through the link provided on the home page of the boxmarket.eu website, and download and print them. Recording, securing, making available and confirming to the Customer the significant provisions of the Contract of Sale of Goods is carried out by sending the Customer to the provided e-mail address.
IVa. Customized Goods
- The customer may order the following Customized Goods:
- Printed goods;
- Customized goods;
- In order to place an Order for printed Goods, the Customer should send to the Seller at info@boxmarket.eu a graphic file applied on the grid located in the appropriate tab of the boxmarket.eu website, according to the guidelines indicated there.
- The Customer declares that the graphics or inscriptions applied to the grid do not violate the rights of third parties, including, in particular, copyrights and personal rights. The Customer shall be liable to the Seller for damages in the event that, as a result of the Order, legitimate claims are made against the Seller arising from the content of the graphics or inscriptions provided by the Customer.
- The Customer may also order the Goods with an imprint provided by the Seller. In such a situation, the Customer should select the graphics in the catalog available on the website boxmarket.eu.
- In order to place an Order for customized Goods, the Customer should indicate the dimensions of the Goods according to the guidelines indicated on the website before placing the Order boxmarket.eu.
- The provisions of pt. IV shall apply accordingly to Customized Goods.
- If the Customer wishes to purchase non-standard Goods, other than the Customized Goods indicated in paragraph 1 above, the Customer may use the Pro Zone, in accordance with paragraph. IVb below.
- The Seller informs that Printed Goods and Customized Goods are non-refabricated Goods, manufactured to the Customer's specifications or serving to meet the Customer's Individualized needs, and therefore, in the case of ordering these Goods, the Customer is not entitled to withdraw from the contract, pursuant to Article 38(1)(3) of the Consumer Rights Act.
IVb. Sales within the Pro Zone
- If the Customer wishes to place an Order beyond the catalog of Goods in the Store and Customized Goods, the Customer should submit an inquiry containing the specification of the ordered Goods and their quantity via the form available at the address: https://boxmarket.eu/en/pro or by e-mail to pro@boxmarket.eu.
- Upon receipt of an inquiry, the Seller will prepare an offer for the Customer including the price and term of the Order, unless it is clear from the content of the inquiry or the specifications that the Order is not feasible. In that case, the Seller will inform the Customer that it is not possible to prepare an offer.
- If the Customer accepts the Vendor's offer, the Customer will receive the data necessary to complete the payment and a pro forma document. The payment will be able to be realized according to the rules specified in pt. VI of the Regulations.
- If the Customer does not accept the Vendor's offer, the Vendor will be entitled to make a new offer to the Customer, as well as to contact the Customer to negotiate.
- Once the Customer has made payment, the Seller will proceed to process the Order.
V. Delivery
- Delivery of ordered Goods is carried out in accordance with the information on the Delivery tab, which is available at the URL: https://boxmarket.eu/en/delivery
- The cost of delivery of the Goods will be indicated when placing the Order. The final delivery cost of the Order is indicated in the shopping cart during the finalization of the Order.
- It is possible to pick up the ordered Goods in person at the Store: Boxmarket Sp. z o. o., Świętego Tomasza 4, 05-840 Brwinów, Poland, from Monday to Friday from 8:00 am to 3:30 pm, except Polish public holidays.
- The order can be picked up after prepayment and receipt of an email confirming that the ordered Goods can be picked up
- Orders are executed after the Seller's account is credited with the funds for payment of the Order by the Customer.
- Paid Orders are processed from Monday to Friday during the working hours of the Seller's warehouse.
- The lead time of the Order depends on the availability of the Goods in the Seller's warehouse. Information about the estimated lead time of the Order is given in the card of the Goods. For Goods marked as "Shipping 24H", the realization is up to the next business day. For Goods marked "Shipping up to 4 business days", the realization is up to the fourth business day. Time of delivery of the Order by the carrier depends on the place of delivery of the Order.
- In the case of a consumer purchase at a distance, the Seller bears the risk of accidental damage or loss of the Goods in transit. If the Goods are delivered with obvious damage, incurred during transport, the Customer is obliged to immediately report such defect to the deliverer and contact the Seller. Delay in reporting such a complaint or making contact does not have any negative consequences for the Customer's rights related to the assertion of warranty claims for defects or non-compliance of the Goods with the Contract (Section VIII of the Terms and Conditions). However, quicker notification of noticed damage, caused during transport, is an aid to the Seller in asserting its claims against the carrier or transport insurer.
- In the case of a Customer who is not a Consumer at the same time: the risk of accidental damage or loss of the Goods passes from the Online Store to the Buyer at the moment of entrusting the Goods to a carrier engaged in the transportation of goods of a given type, or to a person or courier company designated by the Buyer.
VI. Prices and payment methods
- Prices of the Goods are given in the Polish currency (PLN) and in selected foreign currencies. Payments can be made in the currency chosen by the Customer, according to the list available in the Store.
- All prices quoted include VAT.
- The Customer has the option to pay for the Order by the payment methods listed on the Store's website.
- The fee for the Order is charged after the Order is placed.
- Only paid Orders are accepted for processing.
- The customer agrees to receive electronic invoices.
VII. Right of withdrawal from the Agreement
- The Customer who is a Consumer has the right to withdraw from the Contract within 14 days without giving any reason. The period for withdrawal from the Contract shall expire after 14 days from the date on which the Consumer came into possession of the last lot or part of the Goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the last lot or part of the Goods.
- In order to exercise the right of withdrawal from the Contract, the Consumer must inform the Seller of his decision to withdraw from the Contract by an unequivocal statement (for example, a letter sent by snail mail to the Seller's address or by e-mail to info@boxmarket.eu). The Consumer may use the model form for withdrawal from the Contract, but it is not mandatory. The model form is attached as Appendix 1 to the Terms and Conditions.
- In order to comply with the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send information on the exercise of his right to withdraw from the Contract before the expiry of the deadline for withdrawal from the Contract.
- In the event of withdrawal from the Contract, the Seller will return to the Consumer all payments received from the Consumer, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed by the Consumer about the decision to exercise the right to withdraw from the Contract.
- The Seller will refund the payment using the same means of payment that were used by the Consumer in the transaction, unless the Consumer has given express consent to a different form of refund. In any case, the Consumer will not pay any fees in connection with the refund. The Seller shall be entitled to withhold the refund of the payment until the Goods are received or until the Seller is provided with proof of their return, whichever event occurs first.
- Return of the Goods should be made to the address: Boxmarket Sp. z o. o., Św. Tomasza 4, 05-840 Brwinów, immediately, and in any case no later than within 14 days from the day on which the Consumer informed the Seller about withdrawal from the Agreement. The Consumer is obliged to bear the direct costs of returning the Goods. The Consumer shall be liable only for any diminution in the value of the Goods resulting from using them in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.
- The Consumer's right to withdraw from the Contract is excluded in the case of Contracts in which the subject of performance is a non-refabricated item, produced to the Consumer's specifications or serving to meet his individualized needs.
VIII. Complaints regarding the Goods
- The Seller is obliged to deliver the Goods free of defects. The statutory right of liability for defects of the sold thing (warranty for defects) to the extent specified in Article 556 and Article 556 shall apply[1]-556[3] et seq. of the Civil Code.
- A customer making a purchase from the Store has the right to file a warranty claim.
- With respect to Consumers, the Seller is obliged to deliver Goods that conform to the Contract. In this regard, the Seller shall be liable for the lack of conformity of the Goods with the Contract as specified in Article 43a of the Consumer Rights Act. The Goods are in compliance with the Contract if, in particular, their compliance with the Contract remains:
- description, type, quantity, quality, completeness and functionality,
- suitability for the specific purpose for which it is needed by the Consumer, about which the Consumer
- notified the Seller at the latest at the conclusion of the contract and which the Seller accepted.
- Complaints can be submitted:
- in writing to the address: Boxmarket Sp. z o. o., Świętego Tomasza 4, 05-840 Brwinów;
- via email to: info@boxmarket.eu.
- In the case of exercising rights under the warranty and on account of non-compliance of the Goods with the Contract - if the Seller deems it necessary to consider the complaint, the Client is obliged to deliver the defective or non-compliant Goods to the address specified in paragraph 4 above. If, due to the nature of the Goods or the manner of their installation, delivery of the Goods would be excessively difficult, the Customer is obliged to make the Goods available to the Seller at the place where they are located. The Seller is obliged to respond to the complaint immediately, no later than within 14 days from the date of its submission.
- The Seller shall be liable under the warranty if a physical defect or non-compliance of the Goods with the Contract is discovered before the expiration of two years from the date of issue of the Goods. If the object of sale is a used movable item, the liability under the warranty is one year from the moment of its release (does not apply to Consumers).
- In the complaint submitted, it is recommended that the Customer (1) provide information on the subject of the complaint, in particular the type and date of occurrence of the defect/non-conformity with the Agreement; (2) specify the demands on how to remove the defect/non-conformity with the Agreement; and (3) provide his/her contact information - this will facilitate and speed up the processing of the complaint by the Seller. The recommendations specified in the preceding sentence are in the form of non-binding instructions only and in no way affect the effectiveness of complaints made without providing the recommended information.
- In the event of non-conformity of the Goods with the Contract, the Consumer may request repair or replacement.
- If the Goods are inconsistent with the contract, the Consumer may submit a statement of price reduction or withdrawal from the Contract when:
- The Seller refused to bring the Goods into conformity with the Contract in accordance with the Contract,
- The Seller failed to bring the Goods into conformity with the Contract,
- the lack of conformity of the Goods with the Contract continues, despite the fact that the Seller tried to bring the Goods into conformity with the Contract;
- the lack of conformity of the Goods with the Contract is so significant as to justify either a reduction in price or withdrawal from the Contract without first resorting to the protections set forth in the above sections.
- it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer.
IX. Additional warranties when selling Goods in the Store
- Boxmarket Sp. z o.o. is the owner of the Goods available in the Store boxmarket.eu. Boxmarket provides a warranty for selected Goods, on conditions and for a period indicated in the warranty card attached to these Goods. The warranty provided by the Seller does not exclude, limit or suspend the Customer's rights under the warranty for defects of the goods sold and on account of non-compliance of the Goods with the agreement (Section VIII of the Terms and Conditions).
- The warranty covers only the Goods indicated by the Seller, to which a warranty card has been attached.
X. Complaints regarding the provision of electronic services
- The Seller shall take measures to ensure fully correct operation of the Online Store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by the Customers.
- The Customer may notify the Seller of any irregularities or interruptions in the functioning of the Online Store service. Malfunctions should be reported by e-mail to: info@boxmarket.eu.
- In a complaint about irregularities related to the functioning of the Online Store service, the Customer should indicate the type and dates of irregularities.
- The seller will respond to the complaint immediately, but no later than within 14 days of its submission.
XI. Out-of-court ways of dealing with complaints and claims
- The Seller informs that there are possibilities for the Consumer to use out-of-court ways of handling complaints and claims. Taking advantage of them is voluntary and can take place only if both parties to the dispute agree to it. The Consumer may apply for the initiation of proceedings for out-of-court settlement of consumer disputes concerning the concluded Sales Agreement to the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Trade Inspection (Dz.U. of 2024, item 312) Consumers may also request that a dispute regarding a concluded Sales Agreement be reviewed by a permanent arbitration court operating at the relevant provincial inspectorate of the Commercial Inspection, pursuant to Article 37 of the Commercial Inspection Act. The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: https://ec.europa.eu.
- Detailed information on the settlement of consumer disputes, including the possibility for the Consumer to use out-of-court procedures for handling complaints, pursuing claims and the rules of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the Internet address:https://uokik.gov.pl/
XII. Customer Reviews
- The customer has the opportunity to voluntarily and free of charge give an opinion on purchases made there. The subject of the opinion may also be an evaluation, photo or review of the Goods purchased in the Store.
- The Seller, after making purchases in the Store, may send an email to the Customer with a request to voluntarily give an opinion and a link to an online form for giving an opinion - the online form allows you to answer the Seller's questions about your purchases, evaluate them, add your own description regarding the opinion and a photo of the purchased Goods. In the absence of an opinion after receiving the first invitation, the Seller may resend the invitation. The Seller is also entitled to use other tools to collect opinions about the Store.
- An opinion can only be given by a customer who has made purchases in the Store.
- Issuing an opinion may not be used by the Client for unlawful activities, in particular, for actions constituting an act of unfair competition against the Seller, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties.
- The opinion can be issued only to actually purchased Goods in the Store. It is forbidden to conclude fictitious or sham sales contracts for the purpose of issuing an opinion. Also, the author of the opinion cannot be the Seller himself or his employees regardless of the basis of employment.
- The issued opinion can be removed by its author at any time.
XIII. Final Provisions
- The Seller shall be liable for non-performance or improper performance of the Contract. In the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred.
- In matters not regulated by these Regulations, the provisions of the applicable law shall apply, and the Court of competent jurisdiction to resolve disputes with Consumers shall be the court with local jurisdiction according to the applicable provisions of the Code of Civil Procedure.
- Settlement of any disputes arising between the Seller and the Customer, who is not a Consumer, is submitted to the court having jurisdiction over the seat of the Seller.
- In matters not regulated by these Regulations, the provisions of the applicable law shall apply, in particular the provisions of the Civil Code and the Act on Consumer Rights. In the event of any contradictions between these Regulations and the rights of Customers and provisions arising from universally applicable regulations, universally applicable provisions of Polish law shall apply.
Appendix 1 - Sample withdrawal form