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. PROCEDURE FOR DEALING WITH COMPLAINTS
  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. PRODUCT OPINIONS
  11. FINAL PROVISIONS
  12. 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.

The procedure for complaints relating to the Electronic Services is indicated in Section. 6 of the Regulations.

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.

The Seller complies with the provisions of the Act of 11 May 2001 on the obligations of entrepreneurs concerning the management of certain waste and the product fee (Journal of Laws 2001 No. 63, item 639, i.e. Journal of Laws of 2020, item 1903, as amended) and therefore informs that it is obliged to charge an additional fee from the Customer who is an end user within the meaning of Art. 2 item 11ac of the Act - i.e. acquiring Single-Use Plastic Products, Single-Use Plastic Packaging or beverages or food in Single-Use Plastic Packaging for their own use, without further resale. The Products subject to the obligation to pay the additional fee referred to in this section of the Regulations are listed in Annex 6 to the aforementioned Act (in particular beverage cups and food containers). The Customer, when purchasing the Products listed in the preceding sentence, is obliged to inform the Seller, at the latest prior to concluding the Sales Agreement (e.g. in the field allowing for comments to the Order), that he or she is making the purchase as an end user, as defined in the above-mentioned Act.

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. 3.5.2. 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.

CLAIMS HANDLING PROCEDURE

This Section 6 of the Terms and Conditions defines the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Shop.

The basis and scope of liability are set out in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Electronic Service Provision of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended).

The detailed provisions concerning the complaint of the Product - a movable item - purchased by the Customer on the basis of the Sales Agreement concluded with the Seller until 31. December 2022 are defined by the provisions of the Civil Code in the wording in force until 31. December 2022, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a defect-free Product. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.

Detailed provisions concerning the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item which serves solely as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023 are set forth in the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.

The detailed provisions concerning the complaint of a Product - digital content or service or a movable thing that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date are defined by the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement..

A complaint may be made, for example:

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

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

Sending or returning the Product within the scope of the complaint may take place at the address: ul. Okólna 45, 05-270 Marki.

It is recommended to state in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for the manner of bringing the complaint into conformity with the contract or the declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint. 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.

If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the Seller.

The complainant may attach to the complaint evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g. photos) if it facilitates and accelerates the handling of the complaint by the Seller.

The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

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 entered into a distance contract may withdraw from the contract within 14 calendar days without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Terms and Conditions. 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].

Return of the Product - movables (including movables with digital elements) within the withdrawal from the contract may be made to the address: ul. Okólna 45, 05-270 Marki.

A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 12 of the Regulations. The consumer may use the sample form, but it is not obligatory.

The period of withdrawal shall begin:

for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - from the taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) includes multiple Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) consists in 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.

Products - movable items, including movable items with digital elements:

The Seller shall be obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal, all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (with the exception of additional costs arising 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. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of the payment received from the consumer until it has received the Product back or the consumer has provided proof of its return, whichever event occurs first.

In the case of Products - movable items (including movable items with digital elements) - the consumer shall be obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. It is sufficient to send back the Product before the deadline.

The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

Products - digital content or services:

In the case of withdrawal from a contract for the provision of a Product - digital content or digital service - the Seller may not, from the date of receipt of the consumer's statement of withdrawal, use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except content which: (1) are only useful in connection with the digital content or digital service that formed the subject matter of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be extracted from them or can only be extracted with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. With the exception of the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that has been provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which shall not affect the consumer's rights referred to in the previous sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

In the event of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer shall be obliged to stop using that digital content or digital service and making it available to third parties.

Possible costs associated with the withdrawal from the contract by the consumer, which the consumer is obliged to bear:

In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

For Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.

In the case of a Product - service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the performance rendered until the withdrawal from the contract. 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 has no right of withdrawal from a distance contract in respect of contracts:

(1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that after the Seller has performed the service he will lose the right of withdrawal, and has acknowledged this; (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 period for withdrawal; (3) where the object of the performance is a Product - a movable item (including a movable item with digital elements) - which is not prefabricated, produced to the consumer's specification or intended to meet the consumer's individual needs; (4) where the object of the performance is a Product - a movable item (including a movable item with digital elements) - which is perishable or has a short shelf life; (5) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - 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 of performance are Products - movables (including movables with digital elements) - which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (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 the lapse of 30 days and the value of which depends on fluctuations on 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, in addition, services other than those which the consumer has requested, or supplies Products - movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of 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 programmes supplied in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the commencement of performance that after the Seller's performance he will lose his right of withdrawal, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is liable to pay the price where the consumer has expressly requested the Seller to come to the consumer for repair and the service has already been provided in full with the consumer's express and prior consent.

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, resulting 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.

The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement shall be excluded.

The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.

PRODUCT OPINIONS

The Seller makes it possible for its Customers to issue and access opinions about the Products and the Online Shop on the principles indicated in this section of the Terms and Conditions.

It is possible for the Customer to issue an opinion after using a form allowing the Customer to add an opinion about the Product or the Online Shop. This form can be made available directly on the website of the Online Shop (including by means of an external widget) or can be made available by means of an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.

An opinion on a Product may be issued only for the Products actually purchased from the Seller's Online Shop and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements in order to issue an opinion on a Product. An opinion about the Online Shop may be issued by a person who is a Customer of the Online Shop.

Adding opinions by Clients may not be used for illegal activities, in particular for activities that constitute an act of unfair competition or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good manners.

Opinions may be made available directly on the website of the Online Shop (e.g. next to a given Product) or on an external opinion-gathering service with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).

The Seller shall ensure that published reviews of the Products come from its Customers who have purchased the Product. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:

Publication of an opinion issued using a form available directly on the website of the Online Shop requires prior verification by the Service Provider. Verification consists in checking compliance of an opinion with these Terms and Conditions, in particular checking whether the person giving an opinion is a client of the Online Shop - in this case the Seller checks whether that person has made a purchase at the Online Shop, and in the case of an opinion on a Product, additionally checks whether that person has purchased the Product reviewed. Verification takes place without undue delay.

The Seller sends its Customers (including by means of an external feedback service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop.

In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties as to whether a given opinion comes from a Customer or whether a given Customer has bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Internet Shop or has purchased the Product reviewed.

Any remarks, appeals against the verification of opinions, or objections as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions.

The Seller does not place or commission another person to place false opinions or recommendations of the Clients and does not distort the opinions or recommendations of the Clients in order to promote their Products. The Seller shall make available both positive and negative opinions. The Seller does not provide sponsored opinions.

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 for the 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.