1. GENERAL PROVISIONS

1.1. The Online Store available at www.bagstar.pl is operated by BAGSTAR.PL Services sp. z o.o. (formerly: Bagstar.pl sp. z o.o. sp.k.), with its registered office in Marki (registered office address and address for service: ul. Okólna 45, 05-270 Marki); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001269606; registration court where the company's records are kept: District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital: PLN 7,500,000.00; NIP: 5242897166; REGON: 385424977; email addresses: zapytania@bagstar.pl and bagstar@bagstar.pl; contact telephone number: /22/ 424 33 93 and fax number: /22/ 266 89 08.

1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.

1.3. The controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the grounds and principles indicated in the Privacy Policy published on the Online Store website. The Privacy Policy contains, in particular, the rules concerning the processing of personal data by the Controller in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information about the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, provision of personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of an agreement and the Seller's statutory obligations).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).

1.4.2. BATTERY, ACCUMULATOR – a battery or accumulator within the meaning of the Act on Batteries and Accumulators.

1.4.3. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.4. CONTACT FORM – an Electronic Service, an interactive form available in the Online Store enabling direct contact with the Service Provider.

1.4.5. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.4.6. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

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

1.4.8. CIVIL CODE – the Act of 23 April 1964 – Civil Code (Journal of Laws of 2026, item 795, as amended).

1.4.9. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider's ICT system, identified by an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by the Service Recipient in the Online Store are stored.

1.4.10. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, enabling all Service Recipients using it to automatically receive from the Service Provider periodic successive editions of a newsletter containing information about Products, new arrivals and promotions in the Online Store.

1.4.11. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or provision of Electronic Services, is not in compliance with European Union law or the law of any Member State that is in compliance with European Union law, irrespective of the precise subject matter or nature of that law.

1.4.12. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.

1.4.13. TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.

1.4.14. ONLINE STORE – the Service Provider's online store available at www.bagstar.pl.

1.4.15. SELLER; SERVICE PROVIDER – BAGSTAR.PL Services sp. z o.o. (formerly: Bagstar.pl sp. z o.o. sp.k.), with its registered office in Marki (registered office address and address for service: ul. Okólna 45, 05-270 Marki); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001269606; registration court where the company's records are kept: District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital: PLN 7,500,000.00; NIP: 5242897166; REGON: 385424977; email addresses: zapytania@bagstar.pl and bagstar@bagstar.pl; contact telephone number: /22/ 424 33 93 and fax number: /22/ 266 89 08.

1.4.16. SALES AGREEMENT – an agreement for the sale of a Product concluded or to be concluded between the Customer and the Seller through the Online Store.

1.4.17. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.

1.4.18. SERVICE RECIPIENT – (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.

1.4.19. ACT ON BATTERIES AND ACCUMULATORS – the Act of 24 April 2009 on batteries and accumulators (Journal of Laws of 2025, item 809, as amended).

1.4.20. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2026, item 1244, as amended).

1.4.21. END USER – an entity using electrical energy from batteries or accumulators within the meaning of the Act on Batteries and Accumulators.

1.4.22. ORDER – the Customer's declaration of intent made using the Order Form and directly aimed at concluding a Sales Agreement for a Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, Newsletter and Contact Form.

2.1.1. Account – use of an Account is possible after the Service Recipient completes two consecutive steps: (1) completing the Registration Form and (2) clicking the “Create account” field. In the Registration Form, the Service Recipient must provide the following Service Recipient data: first name and surname, email address and password. Service Recipients who are not consumers must also provide their NIP number. If the Service Recipient has a registered account on Facebook or Google, they may also create an Account in the Online Store by logging in through one of these services.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by email to zapytania@bagstar.pl and bagstar@bagstar.pl, or in writing to: ul. Okólna 45, 05-270 Marki.

2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps: (1) completing the Order Form and (2) clicking the “Order with obligation to pay” field on the Online Store website after completing the Order Form. Until that moment, the entered data may be modified independently (for this purpose, the messages and information displayed on the Online Store website should be followed). The Order Form requires the Customer to provide the following data concerning the Customer: first name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. Customers who are not consumers must also provide the company name and NIP number.

2.1.2.1. The Order Form Electronic Service is provided free of charge, is a one-off service and ends when the Order is placed through it or when the Service Recipient stops placing the Order through it earlier.

2.1.3. Newsletter – subscription to the Newsletter is possible by ticking the appropriate checkbox when creating an Account; upon creation of the Account the Service Recipient is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by email to zapytania@bagstar.pl and bagstar@bagstar.pl, or in writing to: ul. Okólna 45, 05-270 Marki.

2.1.4. Contact Form – use of the Contact Form begins after the Service Recipient completes two consecutive steps: (1) going to the “Contact” tab and (2) clicking the “Send” field on the Online Store website after completing the Contact Form. The Contact Form requires the Service Recipient to provide the following data: first name and surname, email address and the content of the enquiry.

2.1.4.1. The Contact Form Electronic Service is provided free of charge, is a one-off service and ends when a message is sent through it or when the Service Recipient stops using it earlier.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and JavaScript in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, respecting the personal rights as well as copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.

2.4. The complaint handling procedure concerning Electronic Services is set out in section 7 of the Terms and Conditions.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.

3.2. The price of a Product displayed on the Online Store website is stated in Polish zlotys and includes taxes, with the exception of excise duty. The Customer is informed of the total price of the Product covered by the Order, as well as the delivery costs (including transport, delivery and postal charges) and other costs, and, if the amount of these charges cannot be determined, of the obligation to pay them, on the Online Store pages during the ordering process, including at the moment when the Customer expresses the intention to be bound by the Sales Agreement.

3.3. In accordance with the Excise Duty Act, hard coal and coke are subject to excise duty if purchased by entities not entitled to exemption from the obligation to pay excise duty. The following entities, among others, are exempt: households (housing communities), public administration bodies, units of the Armed Forces of the Republic of Poland, entities of the education system, nurseries and children's clubs, healthcare entities, organisational units of social assistance and public benefit organisations (all entities entitled to exemption are indicated in Article 31a(2)(3) of the Excise Duty Act). A condition for exemption from the obligation to pay excise duty for natural persons purchasing for their households is the provision, during the ordering process, of the Customer's PESEL number and identity card number or another identity document (e.g. a passport), which is then included on the purchase document. If the above data are not provided, excise duty will be added to the total price of the Product. In order to benefit from the exemption, entities listed in Article 31a(2)(3) of the Excise Duty Act confirm the purchase of coal products on the appropriate delivery document. They are also obliged to keep delivery documents for inspection purposes for a period of five years, counted from the end of the calendar year in which they confirmed the delivery document (Article 31a(7) of the Act). They are not, however, obliged to keep records of coal products used for exempt purposes (Article 31a(4) of the Act). In order to benefit from the exemption, entities listed in Article 31a(2)(3) of the Excise Duty Act confirm the purchase of coal products on the appropriate delivery document.

3.4. The Seller complies with the provisions of the Act of 11 May 2001 on the obligations of entrepreneurs in the management of certain waste and on the product fee (Journal of Laws of 2024, item 433, as amended) and therefore informs that it is obliged to collect an additional fee from a Customer who is an end user within the meaning of Article 2(11ac) of that Act, i.e. a person purchasing single-use plastic Products, single-use plastic packaging, or beverages or food in single-use plastic packaging for their own use, without further resale. Products subject to the obligation to pay the additional fee referred to in this section of the Terms and Conditions are listed in Annex 6 to that Act (in particular beverage cups and food containers). When purchasing the Products mentioned in the preceding sentence, the Customer is obliged to inform the Seller, at the latest before concluding the Sales Agreement (e.g. in the field for comments on the Order), that they are making the purchase as an end user within the meaning of that Act.

3.5. Procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.5.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has first placed an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.

3.5.2. After an Order is placed, the Seller immediately confirms receipt of the Order and simultaneously accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place by the Seller sending an appropriate email to the Customer's email address provided during the ordering process, containing at least the Seller's statements confirming receipt of the Order and its acceptance for fulfilment, as well as confirmation of conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives the above email.

3.6. The content of the Sales Agreement being concluded is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email referred to in section 3.5.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

4. INDIVIDUAL PRINTS

4.1. The Seller enables the Customer to purchase individually marked packaging in accordance with the parameters selected by the Customer.

4.2. Packaging on which printing can be performed is appropriately marked in the Online Store.

4.3. The Customer provides the logo, text and design for preparation of the print. A graphic file is required to prepare the print. The Customer designs the print on the selected packaging using the creator made available on the Online Store website.

4.4. The Customer is obliged to ensure that their graphic does not extend beyond the printing area marked by dashed lines. The Customer will be informed of this by a warning window. The Customer is responsible for the final appearance of the print designed by them and for their own oversights in this regard, in particular if they ignore the above message.

4.5. The individual printing function does not allow printing in white. This should be taken into account when designing a print. In particular, it is suggested that white be replaced with a shade of grey. It should be borne in mind that, when printing on a surface of a colour other than white, the colour of that material will show slightly through the grey.

4.6. The time for completing individual prints is no more than 14 days from the day on which the Customer provides the print design using the creator and, if the Customer chooses payment by bank transfer, electronic payment or payment card, from the day on which the Seller's bank account or settlement account is credited – whichever occurs later.

4.7. The minimum print run for individual prints (i.e. the number of pieces in one package) is indicated in the Online Store in the description of the packaging on which the print is made.

5. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

5.1. The Seller makes the following payment methods available to the Customer under the Sales Agreement:

5.1.1. Cash on delivery upon receipt of the shipment.

5.1.2. Cash payment upon personal collection.

5.1.3. Bank transfer to the Seller's bank account.

5.1.4. Electronic payments and payment card payments through Przelewy24.pl – currently available payment methods are specified on the Online Store website in the information tab concerning payment methods and on the websites www.przelewy24.pl and www.payu.pl.

5.1.4.1. Electronic payment and payment card transactions are settled, according to the Customer's choice, through Przelewy24.pl or PayU.pl. Electronic payments and payment card payments are processed by:

5.1.4.1.1. Przelewy24.pl – PAYPRO S.A., with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000347935, share capital: PLN 4,737,100.00, fully paid up, NIP 7792369887, REGON 301345068.

5.1.4.1.2. PayU.pl – PayU S.A., with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, with registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital of PLN 7,789,000.00, fully paid up; NIP: 7792308495.

5.1.5. Deferred payment – a service consisting in deferring the payment deadline for up to 30 days from the conclusion of the Sales Agreement. Deferred payments are handled by PayPo Sp. z o.o., with its registered office in Warsaw (registered office address: ul. Domaniewska 39, 02-672 Warszawa), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000575158 by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; with share capital of PLN 1,174,750.00, NIP: 5213705997, REGON: 362485126.

5.2. Payment deadline:

5.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within seven calendar days from the day the Sales Agreement is concluded.

5.2.2. If the Customer chooses cash on delivery upon receipt of the shipment or cash payment upon personal collection, the Customer is obliged to make payment upon receipt of the shipment.

5.2.3. If the Customer chooses deferred payment under the PayPo service, the Customer is obliged to make payment to PayPo Sp. z o.o. within 30 days of conclusion of the Sales Agreement or, if the Customer chooses instalment payment, to repay the amount due in accordance with the loan repayment schedule agreed with PayPo Sp. z o.o.

6. COST, METHODS AND DELIVERY TIME AND PRODUCT COLLECTION

6.1. Delivery of the Product to the Customer is subject to a charge unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal charges) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs and during the ordering process, including at the moment when the Customer expresses the intention to be bound by the Sales Agreement.

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

6.3. The Seller makes the following methods of delivery or collection of the Product available to the Customer:

6.3.1. Postal shipment, cash-on-delivery postal shipment.

6.3.2. Courier shipment, cash-on-delivery courier shipment.

6.3.3. Personal collection available at: ul. Okólna 45, 05-270 Marki – on Business Days, from 07:00 to 17:00.

6.4. Delivery time of the Product to the Customer is up to seven Business Days, unless a shorter period is specified in the description of the Product or during the ordering process. For Products with different delivery times, the delivery time is the longest time indicated, which, however, may not exceed seven Business Days. The start of the delivery period for the Product to the Customer is calculated as follows:

6.4.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the day on which the Seller's bank account or settlement account is credited.

6.4.2. If the Customer chooses cash on delivery – from the day the Sales Agreement is concluded.

6.4.3. If the Customer chooses deferred payment – from the day on which the lender informs the Seller that a loan agreement has been concluded with the Customer, but no later than the day on which the Seller's bank account is credited with funds from the loan granted to the Customer.

6.5. Time when the Product is ready for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within up to seven Business Days, unless a shorter period is specified in the description of the Product or during the ordering process. For Products with different times of readiness for collection, the time of readiness for collection is the longest time indicated, which, however, may not exceed seven Business Days. The Seller will additionally inform the Customer when the Product is ready for collection. The start of the period for the Product to be ready for collection by the Customer is calculated as follows:

6.5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the day on which the Seller's bank account or settlement account is credited.

6.5.2. If the Customer chooses cash payment upon personal collection – from the day the Sales Agreement is concluded.

6.5.3. If the Customer chooses deferred payment – from the day on which the lender informs the Seller that a loan agreement has been concluded with the Customer, but no later than the day on which the Seller's bank account is credited with funds from the loan granted to the Customer.

7. COMPLAINT HANDLING PROCEDURE

7.1. This section 7 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints connected with the Seller's operations or the Online Store.

7.2. The basis and scope of liability are determined by generally applicable provisions of law, in particular the Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2024, item 1513).

7.2.1. Detailed provisions concerning complaints about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item serving exclusively as a carrier of digital content – are laid down in the Consumer Rights Act, in particular Articles 43a–43g of that Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards a consumer in the event of a lack of conformity of the Product with the Sales Agreement.

7.2.2. Detailed provisions concerning complaints about a Product – digital content or a digital service, or a movable item serving exclusively as a carrier of digital content – are laid down in the Consumer Rights Act, in particular Articles 43h–43q of that Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards a consumer in the event of a lack of conformity of the Product with the Sales Agreement.

7.3. A complaint may be submitted, for example:

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

7.3.2. electronically by email to zapytania@bagstar.pl and bagstar@bagstar.pl.

7.4. A Product may be sent or returned as part of a complaint to: ul. Okólna 45, 05-270 Marki.

7.5. It is recommended that the complaint description include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the agreement; (2) a request as to how conformity with the agreement should be restored, or a declaration of a price reduction or withdrawal from the agreement, or another claim; and (3) the complainant's contact details – this will facilitate and accelerate handling of the complaint. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.

7.6. If the complainant's contact details change during handling of the complaint, the complainant is obliged to notify the Seller of this.

7.7. The complainant may attach evidence (e.g. photographs, documents or the Product) relating to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this facilitates and accelerates the Seller's handling of the complaint.

7.8. The Seller will respond to a complaint without delay, no later than within 14 calendar days of receiving it.

8. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

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

8.2. A contact point also operates at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose tasks include providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.

8.3. A consumer has the following examples of options for using out-of-court methods of handling complaints and pursuing claims: (1) an application for resolution of a dispute by a permanent consumer arbitration court (more information at: www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place where the Seller conducts business); and (3) assistance from a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation and the Polish Consumers Association). Advice is provided, among other means, by email at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (helpline open on Business Days, 8:00–18:00, call charges according to the operator's tariff).

9. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

9.1. A consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in section 9.8 of the Terms and Conditions. Sending the declaration before the deadline expires is sufficient to meet the deadline. A declaration of withdrawal from the agreement may be submitted, for example:

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

9.1.2. electronically by email to zapytania@bagstar.pl and bagstar@bagstar.pl.

9.1.3. using the withdrawal function available on the Online Store website, in the website footer – marked “Withdrawal from the agreement” or at https://bagstar.pl/pl/sales/guest/form.

9.2. A Product – movable item (including a movable item with digital elements) – may be returned following withdrawal from the agreement to: ul. Okólna 45, 05-270 Marki.

9.3. A sample model withdrawal form is contained in Annex 2 to the Consumer Rights Act and is also available in section 15 of the Terms and Conditions. The consumer may use the model form but is not obliged to do so.

9.4. The withdrawal function referred to above is available on the Online Store website, in the website footer – marked “Withdrawal from the agreement” or at https://bagstar.pl/pl/sales/guest/form. Submission by a consumer of a declaration of withdrawal from the agreement using this function requires two consecutive steps: (1) completing the declaration using the available form and/or confirming the available options within this function and then confirming its submission by (2) clicking a button or link labelled “confirm withdrawal from the agreement” or another equivalent and unambiguous expression. If the consumer uses this function, the Seller / Service Provider shall, without undue delay, send the consumer confirmation of receipt of the withdrawal information on a durable medium (for example by email), including its content and the date and time of submission. The time limit for withdrawal from the agreement in this case is deemed to have been met if the consumer completes the declaration and confirms its submission using the withdrawal function described above before that limit expires. The consumer may use this withdrawal function but is not obliged to do so.

9.5. The period for withdrawal from the agreement begins:

9.5.1. for an agreement under which the Seller delivers a Product and is obliged to transfer its ownership – when the consumer or a third party designated by the consumer, other than the carrier, takes possession of the Product and, in the case of an agreement which: (1) covers multiple Products delivered separately, in batches or in parts – when possession is taken of the last Product, batch or part; or (2) involves regular delivery of Products for a specified period – when possession is taken of the first Product;

9.5.2. for other agreements – on the date the agreement is concluded.

9.6. If a distance agreement is withdrawn from, the agreement is deemed not to have been concluded.

9.7. Products – movable items, including movable items with digital elements:

9.7.1. The Seller is obliged, without delay and no later than within 14 calendar days from receiving the consumer's declaration of withdrawal from the agreement, to refund to the consumer all payments made by the consumer, including the delivery costs of the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller refunds payments using the same payment method used by the consumer unless the consumer has expressly agreed to another method of refund that does not involve 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, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of having sent it back, whichever occurs first.

9.7.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged, without delay and no later than within 14 calendar days from the day on which the consumer withdrew from the agreement, to return the Product to the Seller or hand it over to a person authorised by the Seller to receive it, unless the Seller has offered to collect the Product. Sending the Product back before the deadline expires is sufficient to meet the deadline.

9.7.3. The consumer is liable for any reduction in the value of the Product – a movable item (including a movable item with digital elements) – resulting from use of it beyond what is necessary to establish the nature, characteristics and functioning of the Product.

9.8. Products – digital content or digital services:

9.8.1. In the event of withdrawal from an agreement for the supply of a Product – digital content or a digital service – the Seller may not, from the date of receiving the consumer's declaration of withdrawal from the agreement, use content other than personal data provided or created by the consumer when using the Product – digital content or a digital service – supplied by the Seller, except for content which: (1) is useful only in connection with the digital content or digital service that was the subject of the agreement; (2) relates exclusively to the consumer's activity while using the digital content or digital service supplied by the Seller; (3) has been aggregated by the trader with other data and cannot be disaggregated or can be disaggregated only with disproportionate effort; (4) has been generated by the consumer jointly with other consumers who can continue to use it. Except in the cases referred to in points (1)–(3) above, the Seller shall, at the consumer's request, make available to the consumer content other than personal data which was provided or generated by the consumer while using the digital content or digital service supplied by the Seller. In the event of withdrawal from the agreement, the Seller may prevent the consumer from further using 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's account, without prejudice to the consumer's rights referred to in the preceding sentence. The consumer has the right to retrieve content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.

9.8.2. In the event of withdrawal from an agreement for the supply of a Product – digital content or a digital service – the consumer is obliged to refrain from using that digital content or digital service and from making it available to third parties.

9.9. Possible costs connected with a consumer's withdrawal from the agreement which the consumer is obliged to bear:

9.9.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

9.9.2. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.

9.9.3. In the case of a Product – a service whose performance, at the consumer's express request, began before expiry of the period for withdrawal from the agreement, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed up to the time of withdrawal. The amount payable is calculated in proportion to the scope of the performance provided, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the amount is calculated on the basis of the market value of the performance provided.

9.10. The right to withdraw from a distance agreement does not apply to a consumer in relation to agreements:

9.10.1. (1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer's express prior consent, and the consumer was informed before the service began that they would lose the right of withdrawal once the Seller had fully performed it and acknowledged that information; (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 deadline for withdrawal from the agreement; (3) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – that is not prefabricated, manufactured according to the consumer's specifications or intended to meet the consumer's individualised needs; (4) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – liable to deteriorate rapidly or having a short use-by date; (5) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – delivered in sealed packaging which cannot be returned once opened for reasons of health protection or hygiene, if the packaging was opened after delivery; (6) in which the subject of performance consists of Products – movable items (including movable items with digital elements) – which, due to their nature, become inseparably mixed with other movable items, including movable items with digital elements, after delivery; (7) in which the subject of performance consists of alcoholic beverages, the price of which was agreed when the Sales Agreement was concluded and which can be delivered only after 30 days, and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller visit them to carry out urgent repairs or maintenance; if the Seller additionally provides services other than those expressly requested by the consumer or supplies Products – movable items (including movable items with digital elements) – other than replacement parts necessary to perform the repairs or maintenance, the right of withdrawal applies to those additional services or Products; (9) in which the subject of performance consists of audio or video recordings or computer programs supplied in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for subscription agreements; (11) concluded by means of a public auction; (12) for services relating to accommodation other than for residential purposes, transport of goods, car rental, catering, services related to leisure activities, entertainment, sporting or cultural events, if the agreement specifies a date or period of performance; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller began performance with the consumer's express prior consent and the consumer was informed before performance began that they would lose the right of withdrawal once the Seller had fully performed the service and acknowledged that information, and the Seller 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 obliged to pay a price and in relation to which the consumer expressly requested that the Seller visit them to carry out repairs, if the service has already been fully performed with the consumer's express prior consent.

9.11. The provisions concerning consumers contained in this section 9 of the Terms and Conditions apply from 1 January 2021 and, for agreements concluded from that date, also to a Service Recipient or Customer who is a natural person entering into an agreement directly related to their business activity, where the content of that agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity made available under the provisions concerning the Central Register and Information on Economic Activity.

10. PROVISIONS CONCERNING ENTREPRENEURS

10.1. This section 10 of the Terms and Conditions and all provisions contained herein are addressed to, and thus bind, only a Customer or Service Recipient who is not a consumer and, from 1 January 2021 and for agreements concluded from that date, is also not a natural person entering into an agreement directly related to their business activity where the content of that agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity made available under the provisions concerning the Central Register and Information on Economic Activity.

10.2. The Seller has 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 a reason and does not give rise to any claims by the Customer against the Seller.

10.3. The Seller has the right to restrict available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and regardless of whether the Sales Agreement has been concluded.

10.4. The Service Provider may terminate an agreement for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate declaration.

10.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for an individual claim and for all claims in aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but in any event not exceeding PLN 1,000. The monetary limitation referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or where claims are unrelated to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of concluding the agreement and is not liable for lost profits. The Seller is also not liable for delays in transport of a shipment.

10.6. The Seller's liability under the statutory warranty for defects in a Product or for lack of conformity of a Product with the Sales Agreement is excluded.

10.7. The Seller will respond to a complaint within 30 calendar days of receiving it.

10.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

11. PRODUCT REVIEWS

11.1. The Seller enables its Customers to post and access reviews of Products and the Online Store on the terms specified in this section of the Terms and Conditions.

11.2. A Customer may post a review after using a form enabling a review of a Product or the Online Store to be added. This form may be made available directly on the Online Store website (including by means of an external widget) or through an individual link received by the Customer after purchase at the email address provided. When posting a review, the Service Recipient may also add a graphic rating or a photograph of the Product – if such an option is available in the review form.

11.3. A Product review may only be posted for Products actually purchased in the Seller's Online Store and by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements in order to post a Product review. A review of the Online Store may be posted by a person who is a Customer of the Online Store.

11.4. Posting reviews by Customers must not be used for unlawful activities, in particular acts of unfair competition or acts infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When posting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good practices.

11.5. Reviews may be made available directly on the Online Store website (e.g. next to a given Product) or on an external review collection service with which the Seller cooperates and to which the Seller links on the Online Store website (including by means of an external widget placed on the Online Store website).

11.6. The Seller ensures that published Product reviews originate from its Customers who have purchased the Product concerned. To this end, the Seller takes the following measures to verify whether reviews originate from its Customers:

11.6.1. Publication of a review posted using a form available directly on the Online Store website requires prior verification by the Service Provider. The verification consists of checking the review's compliance with the Terms and Conditions, in particular checking whether the reviewer is a Customer of the Online Store – in this case the Seller checks whether that person made a purchase in the Online Store and, in the case of a Product review, additionally checks whether the person purchased the reviewed Product. Verification takes place without undue delay.

11.6.2. The Seller sends its Customers (including through an external review collection service with which it cooperates) an individual link to the email address provided by the Customer at the time of purchase – in this way, access to the review form is granted only to a Customer who has purchased the Product in the Online Store.

11.6.3. If the Seller has doubts, or other Customers or third parties raise objections, as to whether a review originates from a Customer or whether the Customer purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that the author is in fact a Customer of the Online Store or purchased the reviewed Product.

11.7. Any comments, appeals against review verification, or objections as to whether a review originates from a Customer or whether the Customer purchased a given Product may be submitted under a procedure analogous to the complaint procedure specified in section 7 of the Terms and Conditions.

11.8. The Seller does not post, or commission another person to post, false Customer reviews or recommendations, nor does it misrepresent Customer reviews or recommendations in order to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not make sponsored reviews available.

12. HANDLING WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

12.1. This section 12 of the Terms and Conditions and all provisions contained herein are intended to fulfil the information obligations incumbent on equipment distributors within the meaning of Article 4(2) of the Act of 11 September 2015 on waste electrical and electronic equipment (Journal of Laws of 2024, item 573, as amended).

12.2. It is prohibited to place waste electrical and electronic equipment (marked with the separate collection symbol) together with other waste. A holder of waste equipment originating from households is obliged to transfer it to a waste equipment collector or an entity authorised to collect waste equipment.

12.3. The Seller is obliged to accept free of charge waste equipment originating from households at the personal collection point referred to in section 6.3 of the Terms and Conditions, provided that the waste equipment is of the same type and performed the same functions as the equipment being sold.

12.4. When delivering equipment intended for households to the Customer, the Seller is obliged to collect waste equipment originating from households free of charge at the delivery location of that equipment, provided that the waste equipment is of the same type and performed the same functions as the equipment delivered. A wish to hand over waste equipment to the Seller in the above case may be communicated in the comments for the Seller during the ordering process or to zapytania@bagstar.pl immediately after the Customer places an Order.

12.5. Without having to purchase new equipment, the Customer may return waste equipment originating from households, none of whose external dimensions exceeds 25 cm, at any store with a sales area of at least 400 m² devoted to the sale of equipment intended for households.

12.6. The Seller may refuse to accept: (1) waste equipment which, due to contamination, poses a threat to the health or life of persons accepting it; and (2) incomplete waste equipment and parts originating from waste equipment whose collection is prohibited under Article 35(1) of the Act of 11 September 2015 on waste electrical and electronic equipment (Journal of Laws of 2024, item 573, as amended).

12.7. In the above cases, the Customer may transfer waste equipment to an appropriate waste equipment collection point or an entity operating a treatment facility.

12.8. Examples of waste equipment collection points in Marki and Warsaw that accept waste electrical and electronic equipment from residents on the terms specified by the point's organiser: (1) Municipal Selective Waste Collection Point in Marki at ul. Duża (behind the headquarters of OSP Marki), open Monday to Saturday from 11:00 to 19:00 (excluding public holidays); (2) Municipal Selective Waste Collection Point in Warsaw at ul. Płytowa 1 (Białołęka), open Monday to Friday from 07:00 to 20:00 and on Saturdays from 09:00 to 17:00.

12.9. Information about all waste equipment collection points throughout the country is available using the search engine in the state register of entities – BDO, at: rejestr-bdo.mos.gov.pl.

13. ILLEGAL CONTENT AND OTHER CONTENT CONTRARY TO THE TERMS AND CONDITIONS

13.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act to the extent applicable to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store unless the Terms and Conditions require certain data to be provided (e.g. data for placing an Order). The Service Recipient may have the ability to add reviews or comments in the Online Store using tools provided for this purpose by the Service Provider. Whenever providing content, the Service Recipient is obliged to comply with the rules contained in the Terms and Conditions.

13.2. CONTACT POINT – the Service Provider designates the email address bagstar@bagstar.pl as its single point of contact. The contact point enables direct communication by the Service Provider with Member States' authorities, the European Commission and the European Board for Digital Services and, at the same time, enables recipients of the service (including Service Recipients) to communicate directly, quickly and in a user-friendly manner with the Service Provider electronically for the purposes of applying the Digital Services Act. The Service Provider specifies Polish and English as the languages for communication with its contact point.

13.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:

13.3.1. Any person or entity may report to the Service Provider at bagstar@bagstar.pl the presence of particular information that the person or entity considers to constitute Illegal Content.

13.3.2. The report should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates the submission to the above email address of reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information reported constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs and, where appropriate, additional information enabling the Illegal Content to be identified, depending on the type of content and the specific type of service; (3) the name or company name and email address of the person or entity submitting the report, except where the report concerns information considered to involve one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the reporting person or entity that the information and allegations contained in the report are correct and complete.

13.3.3. The report referred to above is deemed to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act with regard to the information to which it relates if it enables the Service Provider, acting diligently, to identify – without a detailed legal examination – the illegal nature of the activity or information.

13.3.4. If a report contains electronic contact details of the person or entity that submitted it, the Service Provider sends an acknowledgement of receipt to that person or entity without undue delay. The Service Provider also notifies that person or entity without undue delay of its decision concerning the information reported, providing information on the available possibilities of appealing the decision.

13.3.5. The Service Provider examines all reports received under the mechanism referred to above and makes decisions concerning the information to which they relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means to examine reports or make decisions, it includes information about this in the notification referred to in the preceding section.

13.4. Information about restrictions imposed by the Service Provider in connection with use of the Online Store with regard to information provided by Service Recipients:

13.4.1. The following rules apply to the Service Recipient when providing any content within the Online Store:

13.4.1.1. the obligation to use the Online Store, including posting content (e.g. in reviews or comments), in accordance with its intended purpose, these Terms and Conditions and in a manner consistent with the law and good practices, respecting personal rights, copyrights and intellectual property rights of the Service Provider and third parties;

13.4.1.2. the obligation to enter content consistent with the facts and in a manner that is not misleading;

13.4.1.3. the prohibition on providing unlawful content, including the prohibition on providing Illegal Content;

13.4.1.4. the prohibition on sending unsolicited commercial information (spam) through the Online Store;

13.4.1.5. the prohibition on providing content that violates commonly accepted rules of netiquette, including vulgar or offensive content;

13.4.1.6. the obligation to hold, where necessary, all required rights and authorisations to provide such content on the Online Store website, in particular copyrights or required licences, permissions and consents for its use, dissemination, making available or publication, especially the right to publish and disseminate it in the Online Store and the right to use and disseminate the likeness or personal data of third parties where the content includes their likeness or personal data;

13.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the ICT system of the Service Provider, the Online Store or third parties.

13.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store website. Moderation is carried out in good faith and with due diligence, either on the Service Provider's own initiative or following a report, in order to detect, identify and remove Illegal Content or other content contrary to the Terms and Conditions, or to prevent access to such content, or to take measures necessary to comply with the requirements of European Union law and compatible national law, including the requirements of the Digital Services Act, or with the requirements contained in the Terms and Conditions.

13.4.3. The moderation process may be carried out manually by a person or may rely on automated or partially automated tools facilitating the Service Provider's identification of Illegal Content or other content contrary to the Terms and Conditions. After identifying such content, the Service Provider decides whether to remove it, prevent access to it, otherwise restrict its visibility, or take other measures considered necessary (e.g. contacting the Service Recipient to clarify objections and change the content). The Service Provider shall inform the Service Recipient who provided the content (if the Service Provider holds that person's contact details) in a clear and easily understandable manner of its decision, the reasons for the decision and the available appeal options.

13.4.4. When exercising its rights and fulfilling its obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively and proportionately, taking due account of the rights and legitimate interests of all parties involved, including recipients of the service, in particular the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

13.5. Any comments, complaints, claims, appeals or objections concerning decisions or other actions or failures to act by the Service Provider based on a report received or a decision of the Service Provider made in accordance with these Terms and Conditions may be submitted under a procedure analogous to the complaint procedure specified in section 7 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the email address provided. Use of the procedure for submitting and examining complaints is without prejudice to the right of any person or entity to bring proceedings before a court and does not affect their other rights.

13.6. The Service Provider examines any comments, complaints, claims, appeals or objections concerning decisions or other actions or failures to act taken by the Service Provider on the basis of a report received or a decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient grounds for the Service Provider to consider that its decision not to take action in response to a report is unjustified, or that the information to which the complaint relates is not illegal or contrary to the Terms and Conditions, or contains information indicating that the complainant's conduct does not justify the measure taken, the Service Provider shall without undue delay revoke or amend its decision to remove or prevent access to the content, otherwise restrict its visibility, or take other measures it considers necessary.

13.7. Service Recipients, persons or entities who have reported Illegal Content and to whom the Service Provider's decisions concerning Illegal Content or content contrary to the Terms and Conditions are addressed have the right to choose any out-of-court dispute settlement body certified by the digital services coordinator of a Member State in order to resolve disputes concerning those decisions, including complaints that have not been resolved through the Service Provider's internal complaint-handling system.

14. FINAL PROVISIONS

14.1. Agreements concluded through the Online Store are concluded in Polish.

14.2. Amendment of the Terms and Conditions:

14.3. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: changes in legal provisions; changes in payment and delivery methods – to the extent that such changes affect the implementation of these Terms and Conditions.

14.4. In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions (e.g. provision of the Account Electronic Service), the amended Terms and Conditions bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the amendments and has not terminated the agreement within 15 calendar days of the notification. If an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service Recipient has the right to withdraw from the agreement.

14.5. In the case of agreements of a nature other than continuous agreements concluded on the basis of these Terms and Conditions (e.g. a Sales Agreement), amendments to the Terms and Conditions shall in no way prejudice rights acquired by Service Recipients/Customers before the effective date of the amendments; in particular, amendments shall not affect Orders already being placed or placed or Sales Agreements concluded, being performed or performed.

14.6. Matters not regulated by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: the Civil Code; the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2024, item 1513); the Consumer Rights Act; and other applicable provisions of generally binding law.

14.7. In accordance with the Act on Batteries and Accumulators, the Seller is obliged to accept used batteries and used accumulators from a Customer who is an End User.

14.8. These Terms and Conditions do not exclude the application of provisions in force in a country belonging to the European Economic Area in which a consumer concluding an agreement with the Seller has their habitual residence, if those provisions cannot be excluded by agreement. In such a case, the Seller guarantees the consumer the protection granted under the provisions that cannot be excluded by agreement and that are in force in the country of the consumer's habitual residence.

14.9. MODEL WITHDRAWAL FORM

15. (ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

16. Model withdrawal form

(This form should be completed and returned only if you wish to withdraw from the agreement.)

– Addressee:

BAGSTAR.PL Services sp. z o.o. (formerly: Bagstar.pl sp. z o.o. sp.k.) ul. Okólna 45, 05-270 Marki bagstar.pl zapytania@bagstar.pl and bagstar@bagstar.pl

– I/We() hereby give notice that I/we() withdraw from my/our contract of sale of the following goods() / for the supply of the following goods() / for work consisting in the making of the following goods() / for the provision of the following service().

– Date of conclusion of the contract() / receipt().

– Name of consumer(s).

– Address of consumer(s).

– Signature of consumer(s) (only if this form is submitted on paper).

– Date.

(*) Delete as appropriate.