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Terms of use

TERMS AND CONDITIONS OF BAGSTAR.PL ONLINE STORE

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE INTERNET STORE
  3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
  5. COST, WAYS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AS WELL AS RULES OF ACCESS TO THESEPROCEDURES
  8. RIGHT OF WITHDRAWAL
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. FINAL PROVISIONS
  11. MODEL WITHDRAWAL FORM

GENERAL PROVISIONS

The online shop available at the Internet address www.bagstar.pl is operated by BAGSTAR.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Marki (registered office and delivery address: ul. Okólna 45, 05-270 Marki); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000825540; registration court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIV Economic Division of the National Court Register; NIP: 5242897166; REGON: 385424977, e-mail address: [email protected] and [email protected], contact telephone number: /22/ 424 33 93 and fax number: /22/ 266 89 08.

These Terms and Conditions are addressed to both consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.

The administrator of the personal data processed in the Online Shop in relation to the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

Definitions:

BATTERY, BATTERY BATTERY - a battery or accumulator as defined in the Batteries and Accumulators Act.

WORKING DAY - one day from Monday to Friday excluding public holidays.

REGISTRATION FORM - a form available in the Online Shop which enables the creation of an Account.

ORDER FORM - an Electronic Service, an interactive form available in the Online Shop which allows the Orderer to place an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law - who has concluded or intends to conclude a Sales Agreement with the Seller.

CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).

ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Shop are stored.

NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop.

PRODUCT - a movable item available in the Online Shop which is the subject of a Sales Contract between the Customer and the Seller.

REGULATIONS - these regulations of the Online Shop.

INTERNET SHOP - the Service Provider's online shop available at the following internet address:www.bagstar.pl.

SELLER; SERVICE PROVIDER - BAGSTAR.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Marki (registered office and address for service: ul. Okólna 45, 05-270 Marki); entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000825540; registration court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIV Economic Division of the National Court Register; NIP: 5242897166; REGON: 385424977, e-mail address: [email protected] and [email protected], contact telephone number: /22/ 424 33 93 and fax number: /22/ 266 89 08.

SALE CONTRACT - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Shop.

ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop.

USER - (1) a natural person having full legal capacity, and in cases provided for by generally applicable law, also a natural person having limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law, using or intending to use an Electronic Service.

BATTERY AND ACUMULATORS ACT - Act of 24 April 2009 on batteries and accumulators (Dz.U.2009.79.666 as amended).

CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

END USER - an entity that uses electricity from batteries or accumulators within the meaning of the Batteries and Accumulators Act.

ORDER - Customer's declaration of will submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.

ELECTRONIC SERVICES IN THE WEBSHOP

The following Electronic Services are available on the Online Shop: Account, Order Form and Newsletter.

Account - the use of an Account is possible after the Customer completes two consecutive steps - (1) completes the Registration Form, (2) clicks the "Create Account" field. The Registration Form requires the following information from the Customer: first and last name, e-mail address and password. For non-consumers, it is also necessary to provide a VAT number. If the Customer has a registered account with Facebook or Google, he/she may also create an Account in the Online Shop by logging in with one of these services.

The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] and [email protected] or in writing to the address: ul. Okólna 45, 05-270 Marki.

Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Order with obligation to pay" box on the Online Shop website after completing the Order Form. - until this point, it is possible to modify the data entered on your own (for this purpose, you should be guided by the messages displayed and the information available on the website of the Online Shop). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

The Order Form Electronic Service is provided free of charge and is a one-off service and terminates when an Order is placed through it or when the Customer stops placing an Order through it in advance.

Newsletter - the Newsletter can be subscribed to by ticking the appropriate checkbox when creating an Account - upon creation of the Account, the Customer is subscribed to the Newsletter.

The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via e-mail to: [email protected] and [email protected] or in writing to the address: ul. Okólna 45, 05-270 Marki.

Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.

The Client is obliged to use the Online Shop in a manner consistent with the law and morality, with due regard to respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

Complaint Procedure for Electronic Services:

Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) the Customer may submit, for example:

in writing to the following address: ul. Okólna 45, 05-270 Marki;

in electronic form via e-mail to: [email protected] and [email protected].

It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

The Service Provider shall respond to the complaint without delay, but no later than within 14 calendar days of its submission.

TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

The price of the Product displayed on the website of the On-line Shop is given in Polish zloty and includes taxes, with the exception of excise tax. The Customer is informed of the total price of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services) and other costs, and when the amount of these fees cannot be established - of the obligation to pay them, on the pages of the Online Shop during the process of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

In accordance with the Excise Duty Act, hard coal and coke are subject to excise duty if they are purchased by entities not entitled to exemption from excise duty. The following entities, among others, are subject to the exemption: households (housing communities), public administration bodies, units of the Armed Forces of the Republic of Poland, educational system entities nurseries and children's clubs, medical entities, organisational units of social assistance, public benefit organisations. (All entities subject to the exemption are indicated in Article 31a(2)(3) of the Excise Duty Act). The condition of the exemption from excise duty for individuals making purchases for their households is to provide, during the ordering process, the PESEL number and the number of the customer's identity card or other document confirming identity (e.g. passport), which is then placed on the purchase document. If the above data is not provided, excise duty will be added to the total price of the Product. In order to be eligible for the exemption, the entities mentioned in Article 31a, paragraph 2, point 3 of the Excise Duty Act must confirm the purchase of coal products on a relevant delivery document. They are also required to keep the delivery documents for inspection purposes for a period of five years, counting from the end of the calendar year in which the delivery document was confirmed by them (Article 31a(7) of the Act). On the other hand, they are not obliged to keep records of coal products consumed for exempt purposes (Article 31a(4) of the Act). In order to be able to benefit from the exemption, the entities listed in Article 31a(2)(3) of the Excise Duty Act shall confirm the fact of purchasing coal products on the relevant delivery document.

Procedure for concluding a Sales Contract in the Online Shop using the Order Form.

The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

After the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.

The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point. 3.4.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.

METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

The Seller shall make available to the Customer the following methods of payment for the Sales Contract:

Payment in cash on delivery.

Payment in cash on collection in person.

Payment by bank transfer to the Seller's bank account.

Electronic payments and payment card payments via Przelewy24.pl - the possible current payment methods are specified on the website of the Internet Shop in the information tab concerning payment methods and on the website www.przelewy24.pl.

Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via the Przelewy24.pl. Electronic payment and payment card processing is carried out by:

Przelewy24.pl - the company PayPro S.A. with its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, share capital: PLN 5,476,300.00 fully paid up, NIP 7792369887, REGON 301345068.

Electronic payment and payment card payments via Payu.pl - the possible current payment methods are specified on the Online Shop website in the information tab concerning payment methods and on the Payu.pl website.

Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via Payu.pl. Electronic payment and payment card processing is carried out by:

Payu.pl - the company PayU S.A. with registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files stored by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00 fully paid up; NIP: 7792308495.

Payment term:

If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement.

If the Customer chooses to pay cash on delivery or cash on delivery in person, the Customer is obliged to pay on delivery.

COST, WAYS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT

Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

Personal collection of the Product by the Customer is free of charge.

The Seller shall make the following methods of delivery or collection of the Product available to the Customer:

Postal delivery, cash on delivery.

Courier delivery, cash on delivery.

Personal collection available at: 45 Okólna Street, 05-270 Marki - on Working Days, from 08:00 to 17:00 and on Saturdays, from 09:00 to 13:00.

The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is indicated in the description of the Product or during the Ordering process (excluding "made-to-order" Products). In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.

If the Customer chooses to pay by cash on delivery - from the date of conclusion of the Sales Contract.

Deadline for Product readiness for collection by the Customer - If the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 7 Business Days, unless a shorter deadline is specified in the Product description or during the Ordering process. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which shall not, however, exceed 7 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:

If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.

If the Customer chooses to pay by cash on delivery in person - from the date of conclusion of the Sales Contract.

PRODUCT COMPLAINT

The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

The Seller is obliged to deliver a defect-free Product to the Customer.

A complaint can be made by the Customer, for example:

in writing to the following address: ul. Okólna 45, 05-270 Marki;

in electronic form via e-mail to: [email protected] and [email protected].

It is recommended that the Customer specify in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the manner of bringing the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence have the form of a recommendation only and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, when exercising the rights under warranty, demanded replacement of the item or removal of the defect or made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it shall be deemed that the Seller considered the demand justified.

The Customer who exercises his/her rights under the warranty shall be obliged to deliver the defective product to the address: ul. Okólna 45, 05-270 Marki. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller. If the delivery of the Product by the Customer who is a consumer would be excessively difficult due to the type of the Product or the way it is installed, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AS WELL AS RULES OF ACCESS TO THESEPROCEDURES

Detailed information concerning the possibility for the Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: uokik.gov.pl.

There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email:[email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at: [email protected] and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per operator's tariff).

A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available athttps://ec.europa.eu/ The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: uokik.gov.pl ).

RIGHT OF WITHDRAWAL

A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Regulations. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

in writing to the following address: ul. Okólna 45, 05-270 Marki;

in electronic form via e-mail to: [email protected] and [email protected].

A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in point. 11 of the Regulations. The consumer may use the sample form, but it is not obligatory.

The period for withdrawal shall begin:

for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;

for other contracts, from the date of conclusion of the contract.

In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal, all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.

The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the following address: ul. Okólna 45, 05-270 Marki.

The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

Possible costs associated with a consumer's withdrawal that the consumer is obliged to bear:

If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery available in the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.

The consumer shall bear the direct costs of returning the Product. For products that cannot be sent back in the usual way by post (bulky parcels), the consumer may incur higher costs for their return, according to the following sample price list of one of the carriers: www.dpd.com.

In the case of a Product which is a service, the performance of which has begun - at the express request of the consumer - before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request shall be liable to pay for the performance provided until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.

The consumer's right of withdrawal from a distance contract does not apply to contracts:

(1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period; (3) where the object of the performance is a non- refabricated product made to the consumer's specifications or to meet the consumer's personalised needs; (4) in which the object of the performance is a perishable product or a product with a short shelf life; (5) in which the object of the performance is a Product delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject matter of the performance is Products which are, by their nature, inseparable from other things after delivery; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested that the Seller come to him for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those the consumer has requested or supplies Products other than spare parts necessary for the repair or maintenance, the consumer shall have a right of withdrawal in respect of the additional services or Products; (9) in which the subject matter of the performance is sound or visual recordings or computer programs delivered in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded through a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.

The provisions contained in this Section 8. of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

PROVISIONS CONCERNING ENTREPRENEURS

This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards, who is also not a natural person entering into a contract directly related to his/her business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

The liability of the Service Provider/Seller towards the Client/Customer, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and the costs of delivery under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

Any disputes arising between the Seller/Service Provider and the Customer/Service Provider shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

FINAL PROVISIONS

Contracts concluded through the Online Shop are concluded in the Polish language.

Amendment of the Rules of Procedure:

The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legislation; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient, if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the contract.

In the event that contracts of a different nature than continuous contracts (e.g. Sales Contract) are concluded on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.

Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant provisions of commonly applicable law.

In accordance with the Batteries and Accumulators Act, the Seller is obliged to accept used Batteries and used Accumulators from the End User Customer.

These Terms and Conditions do not exclude provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider/Seller which cannot be excluded by contract. The Service Provider/Seller shall in such a case guarantee the consumer the protection afforded to him/her on the basis of provisions that cannot be contractually excluded.

MODEL WITHDRAWAL FORM

 

(ANNEX 2 OF THE CONSUMER RIGHTS ACT)

Model withdrawal form

(this form must be completed and returned only if you wish to withdraw from the contract)

- Addressee:

BAGSTAR.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. Okólna 45, 05-270 Marki bagstar.pl [email protected] and [email protected]

 

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*)

- Date of conclusion of the contract(*)/collection(*)

- Full name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is sent on paper)

- Date

(*) Delete where not applicable.