Terms and conditions

Service provision regulations 

The regulations of provision of services in the on-line store www.BeTheSkyGirl.com

The agreement between the Buyer and the Seller can be concluded in two manners.

The Buyer shall have the right to negotiate all contractual provisions with the Seller before placing an order, including the ones modifying the provisions of the Regulations provided below. These negotiations shall be conducted in writing and directed to the Seller’s address (BeTheSkyGirl.com, so nature sp. z o.o., ul. Jana III Sobieskiego 112 lok. 66, 00-764 Warszawa)

If the Buyer resigns from the possibility of concluding the agreement by way of individual negotiations, the Regulations provided below and applicable legal provisions shall apply.

THE REGULATIONS

§1. Definitions

  1.  Administrator of personal information 
so nature sp. z o.o.

ul. Jana III Sobieskiego 112 lok. 66

00-764 Warszawa

www.BeTheSkyGirl.com

NIP: 5272779046, KRS: 0000635348, REGON: 365351120

2. Postal address: the name and surname or the name of an institution, the location in a municipality (in the case of municipality divided into streets: the street, the building number the flat or the premises number; in the case of municipality which is not divided into streets: the municipality name and number), the zip code and the municipality.

3. Address for complaints:


so nature sp. z o.o.

ul. Jana III Sobieskiego 112 lok. 66

00-764 Warszawa

www.BeTheSkyGirl.com

4. Supply price list: the list of all available supply types and their costs under the address http://en.betheskygirl.com/page/delivery_terms

5. Contact data:

so nature sp. z o.o.

ul. Jana III Sobieskiego 112 lok. 66

00-764 Warszawa

www.BeTheSkyGirl.com

Hello@BeTheSkyGirl.com

+48 600 385 790

6. Personal data - all information regarding an identified or identifiable natural person. The information is not considered to enable identification of a person if it would require excessive costs, time or activities.

7. Sensitive data - these are personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious affiliation, party or trade union status, as well as data on health status, genetic code, addiction, sex life, convictions, decisions on punishment and penal fines, as well as other judgments issued in court or administrative proceedings.

8. The delivery: a type of transport service together with the specification of the carrier and the cost as specified in the delivery price list under the address http://en.betheskygirl.com/page/delivery_terms.

9. Proof of purchase: the invoice, the bill or the receipt issued in compliance with the Goods and Services Tax Act of March 11th, 2004, as amended and other applicable legal provisions.

10. The product sheet: a single store sub-page containing information on a single product.

11. The Customer: a natural person full of age, having full capacity for legal acts, a legal person or an organizational unit without legal personality that has legal capacity and which has made a purchase with the Seller that is directly related to his or her business or professional activity.

12. The Civil Code: the Civil Code Act of April 23rd. 1964, as amended.

13. The Code of Good Practices: the collection of principles concerning the conduct and especially ethical and professional standards as specified in article 2 (5) of the Act on Counteracting Unfair Market Practices of August 23rd, 2007, as amended.

14. The Consumer: a natural person full of age, having full capacity for legal acts which has made a purchase with the Seller that is not directly related to his or her business or professional activity.

15. The cart: the list of products made using the products offered in the store on the basis of the Buyer’s choices.

16. The Buyer: both the Consumer and the Customer.

17. The location of item handover: postal address or the reception point specified in the order by the Buyer.

18. The moment of item handover: the moment at which the Buyer or the third party designated by him for the purpose of goods reception shall take possession of the item.

19. ODR on-line platform: a EU website operating on the basis of the Regulation of the European Parliament and the Council (EU) no. 524/2013 of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004  and Directive 2009/22/EC, available under the address https://webgate.ec.europa.eu/o....

20. The payment: the method of paying for the object of agreement and delivery specified under the address 

http://en.betheskygirl.com/page/forms-of-payment.

21. The authorised entity: an entity authorised to resolve consumer disputes out of court, as specified in the Act on out-of-court dispute resolution dated September 23rd, 2016, as amended.

22. Privacy Policy - principles of processing of personal data of Buyers by the Administrator, the rights of Buyers and the obligations of the Data Administrator, which is located at: http://en.betheskygirl.com/page/privacy_policy

23. Consumer law: The Act on Consumer Rights of May 30th, 2014.

24. The Product: the minimum and indivisible number of items which can be the object of the order and which has been specified in the Seller’s store as the unit of measurement together with the specification of a price (price/unit).

25. The object of the agreement: the products and the delivery, being the object of the agreement.

26. The object of provision: the object of the agreement.

27. Reception point: the point of handover of items which is not a postal address, as specified on the list made available by the Seller in the Store

28. The Register of the Office for Competition and Consumer Protection (OCCP): the register of authorised entities, kept by the Office for Competition and Consumer Protection on the basis of the Act on the out-of-court resolution of disputes of September 23rd, 2016, as amended and available under the address:https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.

29. RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC

30. The item: a movable property which can be or is the object of the agreement.

31. The Store: the Internet website available under the address www.BeTheSkyGirl.com, via which the Buyer can place the order.  

32. The Seller

so nature sp. z o.o.

ul. Jana III Sobieskiego 112 lok. 66

00-764 Warszawa

Tax Id no. 5272779046, Statistical no. (REGON): 365351120

registered and visible in the registers of the National Court of Justice under the number: 0000635348 

BANK ACCOUNT: 48 1090 1056 0000 0001 3323 9642

33. The System: the set of co-operating IT devices and software that ensures the processing and storage, as well as sending and reception of data via telecommunication networks using the appropriate end device for each network type, commonly referred to as the Internet.

34. Execution time limit: the number of hours or working days specified on the product sheet.

35The Agreement: the agreement made outside the premises of the entrepreneur or a distance agreement in compliance with the definition provided in the Act on Consumer Rights dated May 30th, 2014 in the case of Consumers and the sales agreement as defined in the article 535 of the Civil Code Act dated April 23rd, 1964 in the case of Buyers.

36. A defect: both the material defect and the legal defect.

37. A material defect: the non-compliance between the sold item and the agreement, especially if the item:

a. does not have the properties which the item of this kind should have in relation to the purpose specified in the agreement or resulting from the circumstances or intended use;

b. does not have the properties of which the Seller has assured the Consumer,

c. is not fit for the purpose of which the Consumer has informed the Seller upon agreement conclusion, and the Seller has not made any reservations as to such intended use;

d. has been handed over to the Consumer incomplete;

e. has been installed and commissioned incorrectly, if these activities have been performed by the Seller or the third person for which the Seller is responsible or by the Consumer who has acted in compliance with the instructions received from the Seller;

f. does not have properties which as assured by the manufacturer or his representative, or a person marketing an item under his or her business activity, and also the person who by the placement of his or her name, trademark or other differentiating designation on the sold item presents himself or herself as a manufacturer, unless the Seller has not been aware of such assurances or could not have reasonably known them, or if such assurances could not have impact on the decision of the Consumer on agreement conclusion, or if their contents have been rectified before agreement conclusion.

38. Legal defect: a situation in which the sold item is the property of the third party or is encumbered by third party rights, and also if there is any restriction to the use or disposal of the item in compliance with the decision or judgement of the appropriate body.

39. Order: the statement of will of the Buyer made via the store, which clearly defines: the type and the quantity of the products, the type of delivery, the type of payment, the location of goods handover, the Buyer’s data and aimed directly at the conclusion of the agreement between the Buyer and the Seller.


§2. General conditions

1. The Agreement shall be concluded in the Polish language, in compliance with Polish law and these regulations.

2. The location of item handover has to be situated on the territory of the Republic of Poland.

3. The Seller is obliged to and shall provide the services and supply items free of defects.

4. All prices listed by the Seller are expressed in Polish currency and are gross prices (include VAT). The prices of the products do not contain the cost of delivery which is specified in the supply price list.

5. All time limits shall be calculated in compliance with article 111 of the Civil Code, which means that the time limit specified in days shall end on the last day, and if the beginning of the time limit specified in days corresponds to the certain occurrence, the calculation of the time limit shall not take into account the day on which this occurrence took place.

6. The confirmation, provision of access, recording and safeguarding of all important provisions of the Agreement with the view to obtaining access to such information in the future shall be made through:

a. order confirmation by means of sending the following data to the specified e-mail address: the order and the links to the store, where there is the information on the right to withdraw from the agreement, these Regulations, the template of the agreement withdrawal form.

b. adding to the executed order, sent to the specified location of goods hand-over the following items in the printed form: the proof of purchase with the reference to the store whetere there is the information on the right to withdraw from the agreement, these Regulations and the agreement withdrawal form.

7. The Seller shall inform of the guarantees that he is aware of which have been granted by third persons for the products available in the store.

8. The Seller shall not charge any fees for the communication with him using distance communication means and the Buyer shall bear its costs in the amount corresponding to the agreement concluded with the third party providing him with a specific service enabling distance communication. 

9. The Seller shall guarantee to the Buyer using the system the correctness of store operation in the following browsers: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the installed most recent versions of JAVA and FLASH, on the screens with the horizontal resolution above 1024 px. The use of the third party software which may impact the operation and functionality of the browsers: Internet Explorer, FireFox, Opera, Chrome, and Safari may impact the correct display of the store, so all these types of software shall be disabled with the view to ensuring full functionality of the store www.BeTheSkyGirl.com.

10. The Buyer can choose the option of having his data recorded by the store with the view to facilitating the process of placing another order. To this end the Buyer shall provide a login and a password, which are indispensable for obtaining access to his account. The login and the password are strings of characters to be specified by the Buyer who shall keep them secret and protect them against unauthorised access of any third parties. The Buyer shall be able to access, correct and update the data as well as delete his account in the store at any time.

11. The Seller shall comply with the code of good practices.

12. The Buyer shall: 

a. not provide and shall not submit any contents prohibited by legal provisions, e.g. the contents promoting violence, defamatory contents or contents which infringe upon personality or other rights of the third parties, 

b. use the store in a manner which does not disturb its operation, especially through the use of specific software or devices,

c. refrain from initiating actions, such as: sending or placing in the store the unsolicited commercial information (spam),

d. use the store in a manner which is troublesome for other Buyers and for the Seller,

e. use any contents provided under the store only for his own personal use,

f. use the store in a manner compliant with the provisions of law binding on the territory of the Republic of Poland, the provisions of these Regulations and the general principles of the netiquette.

§3. Agreement conclusion and execution

1. The orders can be made 24 hours a day.

2. With the view to order placement the Buyer shall perform at least the following activities, some of which can be repeated many times:

a. add the product to the basket,

b. select the delivery type,

c. select the payment type,

d. select the location of the item handover,

e. place an order with the store by clicking on the “I buy and pay” button.

3. The conclusion of an agreement with the Consumer takes place upon order placement.

4. The Consumer’s order payable upon delivery shall be executed immediately, and the Consumer’s order payable with the transfer or using e-payment system shall be executed after the Consumer’s payment has been credited to the Seller’s account, which shall take place within 30 days from order placement, unless the Consumer was not able to perform his obligations for reasons which are not attributable to him and he has informed the Seller thereof.

5. The conclusion of the agreement with the Customer takes place upon order acceptance by the Seller, of which he shall inform the Customer within 48 hours from order placement. 

6. The Customer’s order payable upon delivery shall be executed immediately, and the Customer’s order payable with the transfer or using e-payment system shall be executed after the conclusion of the Agreement and after the Customer’s payment has been credited to the Seller’s account.

7. The performance of the Customer’s order shall depend on the payment of the whole or a part of order value or on obtaining the merchant credit corresponding to at least the value of the order, or on the Seller’s consent to send the order with the payment in the form of cash on delivery (payable upon delivery).

8. The object of agreement shall be send within the time limit specified on the product sheet, and in the case of orders consisting of many products, within the longest time limit specified on the product sheets. The time limit runs from the moment of order execution. 

9. The purchased object of agreement is sent together with the sales document selected by the Buyer by means of the delivery type selected by the Buyer to the location of items hand-over specified in the order by the Buyer together with attached annexes, as specified in §2, section 6b.


§4. The right to withdraw from the agreement

1.  In compliance with article 27 of the Consumer Law, the Consumer shall have right to withdraw from a distance agreement without stating any reasons and without incurring costs, except for the costs defined in articles 33 and 34 of the Consumer Law.

2. The time limit for withdrawal from the distance agreement shall be 14 days from the moment of items handover, and it shall be deemed to have been observed if the statement has been sent before its expiry.

3. The statement of withdrawal can be submitted by the Consumer using the form, the template of which has been attached as annex 2 to the Consumer Law, the form available under the address http://en.betheskygirl.com/page/returns or in any other form compliant with the Consumer Law.

4. The Seller shall immediately confirm by e-mail (sent to the address specified upon agreement conclusion or any other address, if it has been provided in the submitted statement) that he has received the statement of withdrawal from the agreement from the Consumer.

5. In the case of withdrawal from the agreement, the agreement shall be considered unconcluded.

6. The Consumer shall return the item to the Seller immediately, however not later than within 14 days from the day on which he has withdrawn from the agreement. Sending the items before the end of the time limit is enough for the compliance with the time limit.

7. The Consumer shall return the items being the object of the agreement from which he has withdrawn at his own cost.

8. The Consumer shall not cover the costs of provision of digital contents that have not been saved on a material carrier, if he has not consented to the provision of obligation before the expiry of the time limit for withdrawal from the agreement or if he has not been informed of the loss of right to withdraw from the agreement at the moment of giving his consent, or if the entrepreneur has not provided confirmation in compliance with article 15 (1) and article 21 (1) of the Consumer Law.

9. The Consumer shall be responsible for the reduction of value of the item being the object of the agreement as a result of its use in the manner exceeding the manner necessary for the determination of its nature, characteristics and functioning. 

10. The Seller shall immediately and no later that within 14 days from the reception of the statement on the withdrawal from the agreement submitted by the Consumer return to the Consumer all payments made by him, including the costs of delivery of the item to the Consumer, and if the Consumer has selected the manner of delivery which is different than the usual, cheapest manner of delivery offered by the Seller, the Seller shall not return to the Consumer additional costs in compliance with article 33 of the Consumer Law.

11. The Seller shall return the payment using the same manner of payment as used by the Consumer, unless the Consumer has clearly agreed to another manner of payment, which does not impose any cost upon him.

12. The Seller can refrain from returning the payment received from the Consumer until he has received the item back or until he has received a proof that the item has been sent back from the Consumer, whichever occurs earlier.

13. In compliance with article 38 of the Consumer Law, the Consumer shall not have the right to withdraw from the agreement:

a. under which the price or remuneration depends on the fluctuations on the financial market over which the Seller has no control and which can occur before the expiry of the time limit for the withdrawal from the agreement;

b. under which the object of provision is an item which is not prefabricated and which has been manufactured according to the consumer’s specifications or which serves for the satisfaction of his individual needs;

c. under which the object of provision is an item subject to fast spoilage or with short shelf life;

d. under which the object of provision is an item delivered in a sealed packaging, which cannot be returned after the packaging has been opened due to health protection or hygiene reasons, if the packaging has been opened after the delivery;

e. under which the object of provision are items which become inseparably combined with other items due to their character after the delivery;

f. under which the object of provision are sound or visual recordings or computer software delivered in a sealed packaging, if the packaging has been opened after the delivery;

g. for the provision of digital contents which have not been saved on any material carrier, if the provision of the service has been initiated upon a clear Consumer’s consent before the expiry of the time limit for the withdrawal from agreement and after the entrepreneur has been informed of the loss of the right to withdraw from the agreement;

h. concerning the provision of journals, periodicals or magazines, except for the subscription agreement.


§5. Warranty

1. The Seller, in compliance with article 558 (1) of the Civil Code shall fully exclude the liability towards the Customers under material and legal defects (warranty).

2. The Seller shall be liable towards the Consumer for the defects in compliance with the principles defined in article 556 and subsequent articles of the Civil Code (warranty).

3. In the case of agreement with the Consumer, if a material defect has been determined before the year has passed from the moment of items handover, it is assumed that it existed at the moment at which the risk has been transferred onto the Consumer. 

4. If the sold item has a defect, the Consumer can:

a. make a statement containing price reduction demand,

b. make a statement of withdrawal from the agreement

unless the Seller has immediately replaced the defective item with the item free of defects or he has removed the defect in reasonable time without causing excessive inconvenience to the Consumer. If the item has been already replaced or repaired by the Seller or if the Seller has not complied with the obligation to repair the item for an item free of defects or to remove the defect, he shall not be entitled to replace the item or to remove the defect.

5. The Consumer shall have the right to request, instead of defect removal proposed by the Seller, the replacement of the item for an item free of defects or request the defect removal instead of the replacement, unless it is impossible to restore the item to the condition compliant with the agreement in the manner selected by the Consumer or if such restoration requires excessive costs in comparison with the manner proposed by the Seller; when determining excessive costs, the value of an item free of defects is taken into account, as well as the type and the significance of the stated defect, together with inconveniences which the Consumer would be subject to in the case of a different manner of request satisfaction.

6. The Consumer cannot withdraw from the agreement if the defect is insignificant.

7. If the sold item has a defect, the Consumer can also:

a. demand a replacement of an item with another one free of defects.

b. demand that the defect be removed.

8. The Seller shall immediately replace the defective item with the item free of defects or he shall remove the defect in reasonable time without causing excessive inconvenience to the Consumer.

9. The Seller shall have the right to refuse the Consumer’s demand, if the restoration of the defective item to the condition compliant with the agreement in the manner selected by the Buyer is impossible or which requires excessive costs in comparison with the other possible manner of such restoration.

10. If the defective item has been assembled, the Consumer can demand from the Seller the removal and re-assembly after the replacement for an item free of defects or defect removal, however he shall bear any costs in excess of the price of the sold item, or he can demand that the Seller should pay a part of removal and re-assembly costs up to the price of the sold item. If the Seller fails to comply with his obligation, the Consumer shall perform such activities at the Seller’s cost and risk.

11. The Consumer exercising his rights under warranty shall provide the defective item at the Seller’s cost to address for claim purposes, and if due to the item type or its manner of assembly the provision of the item by the Consumer is excessively difficult, the Consumer shall make it available to the Seller in the place in which the item is present. If the Seller fails to comply with his obligation, the Consumer shall have the right to send back the items at the Seller’s cost and risk.

12. The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 (10).

13. The Seller shall accept the defective item from the Consumer in the case of replacement for an item free of defects or withdrawal from the agreement.

14. The Seller shall present his position with regards to the following statements or requests based on article 561 (5) of the Civil Code: the statement on the request of price reduction, the request of replacement of the item with a new one and the request of defect removal. The Seller shall present his position on any other representation of the Consumer who is not subject to the time limit of fourteen days as specified in the Civil Code within thirty days (article 7a of the Consumer Law).

Otherwise it shall be considered that the Consumer’s representation or demand has been acknowledged as justified.

15. The Seller shall be liable under warranty if a material defect has been determined before two years have passed from the moment when the item was handed over to the Consumer, and if the object of sale is a used item, before one year has passed from the moment when the item was handed over to the Consumer.

16. The Consumer’s claim concerning the removal of a defect or the replacement of the item with an item free of defects shall prescribe after one year has passed from the moment of defect detection, however not earlier than before two years have expired from the moment when the item was handed over to the Consumer, and if the object of sale is a used item, before one year has expired from the moment when the item was handed over to the Consumer.

17. If the shelf life specified by the Seller or by the manufacturer expires after two years from the moment of items hand-over to the Consumer, the Seller shall be liable under warranty for material defects of such item, determined before the expiry of this time limit.

18. In compliance with the provisions of §5, sections 15-17, the Consumer can submit a statement of withdrawal from the agreement or price reduction due to a material defect of the sold item, and if the Consumer has demanded that the item be replaced with the item free of defects or the defect be removed, the time limit for statement submission or price reduction shall start upon the ineffective expiry of the time limit of item replacement or defect removal.

19. In the case of the pursuit of any right under warranty in court or arbitration tribunal, the time limit for exercising other rights to which the Consumer is entitled thereunder is suspended until the termination of the procedure in compliance with the law. The above applies appropriately also to the mediation procedure, however the time limit for exercising other rights under warranty to which the Consumer is entitled thereunder is calculated from the day on which the court refused to approve the settlement reached before the mediator or ineffective termination of mediation.

20. §5, sections 15-16 shall apply to the exercise of rights under warranty for legal defects, however the time limit shall be calculated from the day on which the Consumer has become aware of defect existence, and if the Consumer has become aware of the defect as a result of a legal action brought by the third party- from the day on which the judgement issued in relation to the dispute with the third party become legally binding.

21. If due to the defect of the item the Consumer has submitted a statement of withdrawal from the agreement or concerning a price reduction, he may demand the compensation of the loss incurred as a result of agreement conclusion without being aware of the defect, even if the loss is the result of circumstances for which the Seller is not responsible, and especially he can demand the reimbursement of agreement conclusion costs, the costs of item collection, transport, storage and insurance, the reimbursement of incurred outlays to the degree in which he has not benefited from them and has not had them been reimbursed by the third party, as well as the reimbursement of costs of legal proceedings. The above is without prejudice to the provisions on the obligation of damage repair in compliance with general principles.

22. The expiry of any time limit which has passed from the detection of rights under the warranty, if the Seller has intentionally hidden the defect.

23. The Seller, if he is obliged to the provision or a financial provision for the Consumer shall perform it without undue delay, however not later than within the time limit specified by law.

§6. The privacy policy and personal data safety

1. The Personal Data Administrator is responsible for the lawful processing of personal data, and the rules for the collection, processing and storage of personal data, as well as the right of the Buyer related to his personal data.

2. The Personal Data Administrator processes the personal data of the Buyers based on the consent and in relation to the legitimate interests of the Seller.

3. The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.

4. The consent of the Buyer to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.

5. For the needs of the Buyer's order, the following personal data are collected:
a. postal address - necessary to issue a proof of purchase;
b. place of delivery - necessary to address the parcel;
c. e-mail - necessary for communication related to the implementation of the contract;
d. telephone number - necessary for the selection of some types of delivery
6. Detailed solutions in the scope of personal data protection related to placing an order, but also using the store before and after placing an order are included in the privacy policy.

§7. Final provisions

1. None of the provisions hereof is aimed at the infringement of the rights of the Buyer. No provision can also bė interpreted in such manner, ̇ since in the case of non-compliance between any part of the regulations with the applicable law the Seller declares that he shall absolutely comply with the law and implement it in the place of the challenged provision of the regulations. 

2. The Buyers shall be informed of any amendments to the regulations and their scope electronically (at the e-mail address specified upon the registration or order placement). The notification shall be sent at least 30 days before the entry into force of the new regulations. The amendments shall be introduced with the view to adapting the regulations to the binding legal status.

3. The current version of the Regulations  is always available to the Buyer  in the Regulations tab (http://en.betheskygirl.com/page/terms-and-conditions). During the realization of the order and during the whole term of post-sales service, the Buyer shall comply with the regulations accepted by him upon order placement, except for the situation when the Consumer has considered it to be less advantageous than the current one and has informed the Seller of choosing the current Regulations as the binding ones.

4. Any matters not regulated by these regulations shall be governed by the appropriate legal provisions. Any disputable matters, if the Consumer so desires, shall be resolved by means of mediation before Provincial Inspectors form the Trade Inspection or by means of legal action before the arbitration tribunal at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent methods of pre-judicial or out-of court settlement of disputes compliant with the law, e.g. using the EU ODR on-line platform or by choosing any authorised entity from among the entities entered into the register of the OCCP. The Seller represents that he will attempt at and he agrees to the out-of-court resolution of a consumer dispute. 

Ultimately the case shall be decided upon by the court having jurisdiction ratione loci and ratione materiae.

Please note!

The English version of these terms and conditions is solely a translation of the Polish version of it, which can be found here: https://betheskygirl.com/strona/regulamin-swiadczenia-uslug. In case of any discrepancies between the language versions, Polish language version should be binding.


Koszyk

Twój koszyk jest pusty.

Dokonaj swoich pierwszych zakupów