Regulations of the blueref.pl store

§ 1 Introductory provisions

The online store, available at https://blueref.pl/, is run by Blue Refrigeration Sp. z o.o. based in Wrocław (at the address: Al. Armii Krajowej 4b / 5 50-541 Wrocław); entered into the National Court Register by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register, under KRS number: 320368, NIP: 896-147-54-12, REGON: 020887230 (hereinafter referred to as the Company or the Seller in these regulations).
These Store Regulations define the rules for making purchases in the online store, in particular: the types and scope of services provided electronically, the conditions for the provision of electronic services, including technical requirements necessary for cooperation with the ICT system used by the Store, prohibition of providing by users of the website Store illegal content, conditions for concluding and terminating contracts for the provision of electronic services, rules, as well as the complaint procedure.
In terms of services provided electronically, these Regulations constitute the regulations referred to in Art. 8 of the Act on the provision of electronic services of July 18, 2002. (i.e. Journal of Laws of 2020, item 344, as amended).
The Store's offer is addressed to producers, distributors, shops and wholesalers as well as cooling, ventilation and air-conditioning services, i.e. entities with the status of an entrepreneur running a business, making purchases for purposes related to their business activity, and therefore the provisions of some categories of entrepreneurs have consumer rights.
All customers are required to read the provisions of these Regulations before concluding the contract. These Regulations have been made available in a form that allows the Customer to obtain, reproduce and record its content using the ICT system used by the Customer. The Regulations are available for download at: https://blueref.en/regulations-of-the-store
Each customer is obliged to comply with the provisions of the Regulations. The sale takes place on the terms specified in the version of the Regulations, in force on the date of placing the Order.

§ 2 Definitions

Whenever the following terms appear in capital letters in these Regulations, they have the meaning indicated below:

Registration form - a form available in the Store that allows you to create an Account;
Order form - an interactive form available in the Store that allows you to place an order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment;
Client - a natural person, legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity, making purchases for purposes related to the conducted business activity, to which the provisions granting certain categories of entrepreneurs consumer rights do not apply, using Store services;
Account - the Customer's account in the Store, in which the data provided by the Customer and information about the Orders placed by him in the Store are collected;
Cart - an element of the Store's software in which the Products selected by the Customer are visible, and it is also possible to verify and modify the Order, in particular the quantity and type of Products;
Delivery costs - costs of delivering the Products covered by the Order confirmed by the Seller to the address provided by the Customer, indicated on the Store's website when placing the Order;
Product - a movable item available in the Store that the Customer can purchase through the Store;
Regulations - these Store regulations;
Store - an online store run by the Seller at the internet address https://blueref.pl/;
Company / Seller - Blue Refrigeration Sp. z o.o. based in Wrocław; Al. Armii Krajowej 4b / 5; entered into the National Court Register by the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register, under the KRS number: 320368, NIP: 896-147-54-12, REGON: 020887230;
Sales Agreement - a contract for the sale of a Product concluded or concluded remotely between the Customer and the Seller via the Online Store, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication;
Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products included in the Store's commercial offer with the Seller.

§ 3 Contact with the Store

Store address: Al. Armii Krajowej 4b / 5 50-541 Wrocław.
Seller's e-mail address: biuro@blueref.pl.
Seller's telephone number: + 48 691 715 181,
Seller's bank account number: 25 1140 2004 0000 3202 8116 6828
The Customer may contact the Seller using the e-mail addresses and telephone numbers provided in this paragraph.
The Customer may contact the Seller by phone on business days (i.e. from Monday to Friday, excluding statutory holidays), from 8.00 to 16.00.

§ 4 Technical requirements

To use the Store, including viewing the Store's assortment and placing Orders for Products, it is necessary to meet the technical requirements necessary for cooperation with the Store's ICT system, i.e. an active e-mail account (e-mail), c. Cookies enabled,

§ 5 General information

Using the website www.blueref.pl and creating a Customer Account is free of charge.
The Company is not responsible for any disruptions in the use of the Store, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible after creating an Account, in accordance with the provisions of § 6 of these Regulations.
The customer cannot make a purchase in the store anonymously or under a pseudonym.
The prices given in the Store are given in Polish zlotys and are gross prices (i.e. they include the tax on goods and services in force on the date of placing the Order).
The prices displayed on the Store's website, as well as the descriptions of the goods, constitute commercial information and not an offer within the meaning of the Civil Code. They become binding upon confirmation by the Seller of the acceptance of the Order for execution.
The Seller reserves the right to change the prices of Products presented on the Store's website, to post information about new Products, to carry out and cancel promotional campaigns on the Store's websites, or to introduce changes to them.
The final (final) amount to be paid by the Customer consists of the price for the Product / Products and the cost of delivery, about which the Customer is informed on the Store's website when placing the Order, and then at the time of expressing the will to be bound by the Sales Agreement.
When the nature of the Product does not allow, judging reasonably, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as delivery costs and other costs will be provided in the Store in the description of the Product.
If the Customer decides to subscribe to the newsletter, the Seller will also provide the Customer with an electronic service consisting in sending the Customer e-mail messages containing information about new products, promotions, products or services of the Seller. Subscribing to the newsletter is done by completing and sending the subscription form for the newsletter. The customer may at any time unsubscribe from the newsletter by using the link used to submit a declaration of unsubscribing from the newsletter, visible in each message sent as part of the newsletter or by sending a relevant request to the Seller by e-mail to the following e-mail address: biuro@blueref.pl.

§ 6 Creating an Account in the Store

In order to start shopping in the Store, you must complete and send the Registration Form. Based on the data sent, a Customer Account will be created and activated.
After activating the Account, the Customer is able to place Orders.
In the registration form, it is necessary to provide the following data:
1. Names or surnames and forenames of the Client and his company (in the case of a natural person running a business);
2. delivery address;
3. electronic address and telephone number,
4. name and surname of the person placing the order,
5. data necessary for the correct issuance of a VAT invoice, in particular the tax identification number,
6. login and password that the Customer will use to log in to the Store.
The Customer's registration is completed by confirming the registration and activating the Customer Account, which take place by e-mail, in such a way that the Customer receives an activation link at the e-mail address provided, and clicking on the link provided in the e-mail results in redirection to a page with information about activation of the Customer Account.
The customer is responsible for providing false data in the registration form. The Seller reserves the right to suspend the execution of the Order and / or delete the Customer Account in the event that the Customer has provided false data or if these data raise reasonable doubts of the Seller as to their correctness. In this case, the Customer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Customer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Customer, the Seller will provide any explanations after the Customer has made contact. At the same time, in order to avoid any doubts in this regard, the Customer declares that all data provided by him in the Order Form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such authorization.
Creating an Account in the Store is free.
Logging in to the Account takes place by entering the login and password by the Customer, established during the registration process.
The Account password established during registration is confidential and should not be disclosed to third parties for security reasons.
The customer should immediately inform the Store about any change of the e-mail address. In the absence of information about the change made, all notifications will be sent to the last e-mail address provided by the Customer.
The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the address indicated in § 3 of the Regulations.

§ 7 Order submission rules

The condition for using the Store's services is to read and accept these Regulations. By submitting an Order, the Customer accepts the content of the Regulations. In the event of any doubts regarding the provisions of the Regulations, the Customer may contact the Company for clarifications.
Orders from customers are accepted via the Order Form, sent via the website: www.blueref.pl or by e-mail to biuro@blueref.pl, 7 days a week, 24 hours a day.
The photos of the Products posted on the Store's pages are for illustration only and are only used to present the Products offered. The photos of the Product may differ from the actual appearance of the Product.
In order to place an Order, you need to: 1) log in to the Store; 2) select the Product that is the subject of the Order, and then click the "add to cart" button; 3) after completing the Order, click the "Order" button, select the method of delivery and payment method and confirm the Order; 4) after receiving the confirmation of the acceptance of the Order for execution from the Seller, depending on the selected method of payment, pay for the Order on the basis of a proforma invoice sent to the Customer's e-mail address
By placing an Order, the Customer undertakes to collect the Products and pay their price and delivery costs.
If the Order includes promotional or sale products, the quantity of which is limited, the implementation of the Order will depend on the availability of the ordered Products and the order in which the Orders are received by the Store.

§ 8 Offered delivery and payment methods

The customer may use the following delivery methods: a) courier,
The customer may use the following payment methods: a) prepayment: payment by bank transfer to the Seller's account 25 1140 2004 0000 3202 8116 6828 b) online payment using the Paynow payment system c) bank transfer (trade credit). A trade credit is considered and granted individually at the customer's request.
Detailed information on delivery methods and acceptable payment methods can be found on the Store's website at: www.blueref.pl.
In order to make an electronic payment available through an external service provider that requires the Customer to provide his data necessary to make the transaction, the Customer is obliged to read the regulations for the provision of services by such external service provider before making the payment.
The price given for each Product is binding at the time of placing the Order by the Customer.

§ 9 Performance of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Store, in accordance with the provisions of § 7 of the Regulations.
The Regulations in the version in force when placing the Order are an integral part of the Sales Agreement.
Orders are processed on business days (i.e. from Monday to Friday, excluding public holidays).
After placing the Order, the Seller immediately confirms its receipt and at the same time informs the Customer about its acceptance for execution. Confirmation of the acceptance of the Order for execution takes place by sending the Customer an e-mail to the Customer's e-mail address provided when placing the Order, which includes the Seller's declaration of receipt of the Order and its acceptance for implementation. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
The order placed by the Customer will be accepted and implemented provided that the Product is available in the warehouse or at the Seller's supplier.
In the event of the unavailability of the Product, with the description of which there was no relevant information, and confirmation of the Order for the Product, despite its unavailability, the Seller reserves the right to contact the Customer to agree on a solution to the situation, in particular by, for example, proposing a replacement Product and modifying order, or canceling the order, taking into account the legitimate interest of the customer.
If the Customer chooses the method of payment by bank transfer, the Customer is obliged to make the payment on the basis of a proforma invoice within 2 calendar days from the date of the Sale Agreement, otherwise the Order will be canceled.
In the case of ordering Products with different delivery times, the delivery date is the longest of the given dates.
In the case of ordering Products with different delivery times, the Customer has the option of requesting the delivery of the Products in parts or the delivery of all Products after completing the entire order.
The beginning of the period of delivery of the Product to the Customer is counted as follows: a) if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account;
Delivery of Orders takes place only on the territory of Poland.
The Customer is obliged to check immediately after receiving the Order that the Product has no mechanical damage during transport and that the Product is in accordance with the Order. In the event of visible damage to the shipment and / or its contents, the Customer is obliged to draw up a damage report.
The customer or the person collecting the shipment at the customer's premises is required to confirm the receipt of the Product with his / her own signature. Confirmation of receipt of the Product is made on a copy of the sales document or in the bill of lading by a person authorized by the Customer, who confirms the receipt of the Order with a legible signature (name and surname) and, possibly, a company stamp. In order to avoid any doubts in this regard, it is assumed that every person active in the Customer's premises is the person authorized to collect the Product.
Each sale is documented with a VAT invoice.

§ 10 The right to withdraw from the contract

(NOTE: the provisions of this paragraph apply only to a natural person concluding a contract directly related to his business, if the content of this contract shows that he is not of a professional nature for him)

A customer who is a natural person concluding a contract directly related to his business activity, if the content of this contract shows that he does not have a professional character for that person (resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity) is entitled to withdraw from the Sales Agreement within 14 days without giving any reason.
The running of the time limit specified in sec. 1 begins from the date of delivery of the Product to the Customer.
In the case of a Sales Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
The Customer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawing from the contract, it is enough for the Customer to send a statement of withdrawal before that deadline.
The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website (the Seller's contact details are indicated in § 3 of the Regulations). The declaration may also be submitted on the form, the specimen of which is an appendix to the Regulations or an appendix to the Act of February 16, 2007. on consumer rights (i.e. Journal of Laws 2021, item 275), but it is not obligatory.
If the Customer sends the declaration by e-mail, the Company will immediately send to the e-mail address provided by the Customer confirmation of receipt of the declaration of withdrawal from the Agreement.
The effects of withdrawal from a Distance Sale Agreement are as follows: a) The Agreement is considered void. b) In the event of withdrawal from the contract, the Company returns to the Customer immediately, not later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the Order, except for additional costs resulting from the selected by The Customer's delivery method other than the cheapest standard delivery method offered by the Seller. c) The reimbursement will be made using the same payment methods that were used by the customer in the original transaction, unless the customer has expressly agreed to a different solution that will not involve any additional costs for him. d) The Company may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, whichever occurs first. e) The Customer is obliged to return the Product to the Seller's address provided in these Regulations immediately, in any case not later than within 14 days from the date on which he informed the Seller about the exercise of the right to withdraw from the contract. f) The Product returned in connection with the withdrawal from the contract must be complete (with full equipment and accessories constituting its integral part, if such were attached to the Product) and may not bear traces of use beyond the ordinary management of the thing. The original sales document must be attached to the returned Order. g) If the returned Order is incomplete or has traces of use that go beyond the ordinary management of the item (resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product), the Seller reserves the right to reduce the returned amounts for the equivalent of found damage / shortages / wear.
The right to withdraw from a distance contract is not entitled to the Customer in relation to the Sales Agreement: a) in which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy his individual needs; b) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery, c) for the provision of services, if the Seller has fully provided the service for the express consent of the Customer who has been informed prior to the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract, d) where the price or remuneration depends on fluctuations in the financial market over which the Company has no control and which may occur before the expiry the deadline to withdraw from the contract, e) in which the subject of the service are items that after delivery, due to their nature, are inextricably linked with other items, f) for the delivery of digital content that is not recorded on a tangible medium, if the performance started with the express consent of the Customer before the expiry of the withdrawal period a from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
By concluding the contract, the Customer confirms that he has read the content of these Regulations, as well as that he was informed about his right to withdraw from the concluded sales contract within 14 days from the date of receipt of the Order.

§ 11 Exclusions from the application of the provisions of the Regulations

The provisions of the Regulations do not apply to a natural person concluding a contract directly related to his business, if the content of this contract shows that he is not of a professional nature, in the event of a conflict between the provisions of the Regulations and the applicable consumer protection provisions. In this case, the applicable regulations apply. Nothing in these Regulations may be interpreted as limiting or excluding its statutory rights.

§ 12 Complaints and warranty

The Sales Agreement covers new Products.
The Seller's liability under the warranty towards customers with the status of an entrepreneur, i.e. entities concluding a Sales Agreement, directly related to the business, when the content of this contract shows that it has a professional nature for this person - is completely excluded.
In the event that the purchased Product has defects, the Customer who concluded the Sales Agreement, directly related to the business activity, if the content of this contract shows that it is not of a professional nature for this person, has the right to file a complaint based on the provisions of the Civil Code regulating warranty.
In the case referred to in sec. 3 above, the following rules shall apply: a) the complaint should be submitted in writing or electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form available at: https://blueref.pl/pages/pliki-do-pobrania b) It is recommended to include in the complaint, inter alia, a brief description of the defect, circumstances (including the obligatory date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the Product defect. c) Products sent as part of the complaint procedure should be sent to the address given in § 3 of these Regulations. d) The procedure for submitting a complaint referred to in point (a) a) and b) is a suggested procedure and in no way excludes or limits the permissible methods of submitting claims regarding services provided electronically. e) Slight differences in appearance resulting from the individual settings of the Customer's computer - and in particular the monitor - may not be a sufficient basis for a complaint about the purchased Product. f) If the complaint is accepted, the price and the cost of returning the Product will be refunded to the Customer's bank account immediately after the complaint is approved. g) If the Product is returned under the warranty and the return is considered justified, the Customer will be reimbursed for the costs of return shipment incurred by him, justified and duly documented, if the Product has been returned to the Store. h) The basis for the transfer to the indicated bank account of the Customer will be a correctly completed form of refund with the indication of the Customer's bank account number. i) If a guarantee has been granted for the Product, the information that the given Product is covered by the guarantee, as well as its content, will be included in the description of the Product in the Store.

§ 13 Out-of-court methods of dealing with complaints and redress

Detailed information on the possibility of using by the Customer, who is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for him, extrajudicial methods of dealing with complaints and redress and the rules of access to these procedures available are at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection, including: http: //www.uokik .gov.pl / spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
The customer referred to in paragraph 1 has the following exemplary possibilities of using out-of-court complaint and redress methods: a) The customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (i.e. Journal of Laws of 2020, item 1706), with a request to settle a dispute arising from the sales contract concluded with the Seller. b) The customer is also entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (i.e. Journal of Laws of 2020, item 1706), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between him and the Seller. c) The customer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .

§ 14 Personal data

The administrator of personal data of Customers collected via the Online Store is the Company.
Customers' personal data is collected by the Administrator via the Store, for the purpose and to the extent necessary to perform the Sales Agreement (Order execution), and if the Customer agrees - also for marketing purposes.
Placing an order in the Store is tantamount to consent to the storage and processing by the Company of personal data indicated in the Order, in order to perform the Sales Agreement.
The Customer's personal data may be transferred to entities responsible for the operation of IT systems, banks and payment operators, entities providing accounting, legal and courier services.
The Customer's personal data will not be transferred to a third country / international organization.
Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement will result in the inability to conclude this contract.
The customer has the right to access his data and rectify it, delete it, limit processing, as well as the right to transfer personal data and the right to lodge a complaint with the supervisory body dealing with the protection of personal data, if it is found that the processing of personal data by the Company violates the law.
The customer has the right to object to the processing of their data for direct marketing purposes and the right to object to the processing of their data when their processing is based on a legitimate interest, and the objection is justified by the special situation of the customer. If the data is processed on the basis of the Customer's consent, its expression is voluntary and can be withdrawn at any time by notifying the Company. Withdrawal of consent does not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal. Failure to grant or withdraw consent does not have any adverse consequences for the Customer.
Personal data will not be processed in an automated manner, i.e. without human intervention.
Detailed rules for the processing of personal data are described in the Privacy Policy, available at: www.blueref / pages / Polityka-prywatnosci.pl

§ 15 Intellectual Property Rights

All intellectual property rights to the content of the Store's website, including in particular the rights to the website layout, photos, trademarks, logos and other content and elements, are vested in the Company or entities with which the Company cooperates.
It is forbidden to copy or modify the content of the Store's website without the prior consent of the Company.

§ 16 Responsibility of the Seller

The Seller shall not be liable for damages resulting from: a) failure of the Customer to comply with the technical requirements necessary to cooperate with the ICT system used by the Company; b) the lack of the Store's availability due to reasons beyond the Seller's control; c) force majeure; d) failures, reasons attributable to Internet providers, failure of the Customer's hardware or software; e) improper use of the Store by the Customer; f) a short technical break in the functioning of the Store in the case of planned, ongoing maintenance of the server or the Store's software.
The Customer bears full responsibility for any consequences resulting from improper or inconsistent with the Regulations of placing an Order by the Customer, incorrect data indicated in the registration form.
The Customer who uses it in communication with the Store should immediately notify the Seller about each change of the e-mail address. In the event of failure to satisfy the above obligation, the Company shall not be liable for any damage resulting from the Customer's failure to read the content of the message.

§ 17 Reporting irregularities

In all matters related to the incorrect operation of the Store, as well as other irregularities or comments regarding the provisions of these Regulations, noticed by the Customer, the Company should be informed by e-mail at: biuro@blueref.pl

§ 18 Final provisions

Agreements concluded via the Store are concluded in Polish.
In matters not covered by these Regulations, generally applicable provisions of Polish law, in particular the Civil Code, shall apply; the act on the provision of electronic services; the Act on Consumer Rights, etc.
It is prohibited for the Customer using the Store's services to provide illegal content. Pursuant to Art. 8 sec. 3 point 2 lit. b of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344), the entity using the Store's website is obliged not to post illegal content on this website.
Customers are obliged, to the extent that providing information is necessary to conclude a Sales Agreement via the Store or its proper performance, to use information that is consistent with reality, in particular, it is forbidden to provide false data, including impersonating other entities.
These Regulations are available at https://blueref.en/regulations-of-the-store
These Regulations come into force on 01/12/2021

§ 19 Amendments to the Regulations

The company is entitled to amend the Regulations.
The changes will be announced each time on the Store's website at: www.blueref.pl
Information on each planned amendment to the Regulations will be published by the Company at least 7 days in advance.
The amendment to the Regulations comes into force on the date indicated in the information about the amendment to the Regulations.
Amendments to the Regulations may not violate the Customer's rights granted to him under Orders placed before the amendment to the Regulations.