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Online Shop’s Terms and Conditions

Definitions

Shop
the online shop operated at the address www.beskidplus.com by PHU BESKID PLUS general partnership, Roman Tyrna, Janusz Cybuch, Bartosz Tyrna, registered at the District Court of Bielsko Biala, 8th Commercial Division under KRS No. 0000101002 with its registered office at: Towarowa 3, 43-400 Cieszyn, Poland; hereinafter referred to as the Seller
Customer
a natural person of a legal age with the capacity to perform acts of law, a legal person or an organisational unit without legal personality with the capacity to perform acts of law, who makes a purchase directly related to the person’s professional or business activity at the www.beskidplus.com shop
Consumer
a natural person of a legal age with full legal capacity, who makes a purchase at the www.beskidplus.com shop which is not directly related to his/her business or professional activity
Buyer
both the Consumer and the Customer
Order
a statement of will of the Buyer made with the use of the shop, which unambiguously describes: the type and quantity of products ordered, the place of their collection and the Buyer’s data; this statement's aim is directly related to conclusion of an agreement between the Buyer and the Seller.
Agreement
an agreement concluded outside the entrepreneur’s seat or a distance contract within the meaning of the Act on Consumer Rights from the 30th of May 2014 in case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code from the 23rd of April 1964 in case of Buyers.
Physical defect
non-compatibility of a product with the agreement, especially if the product:
  • lacks properties that a product of such kind should have in order to serve the purpose described in the agreement or to serve the purpose resulting from the circumstances or its designation;
  • lacks properties which presence was confirmed by the Shop to the Consumer,
  • cannot be used for a purpose described by the Consumer to the Shop, if the Shop did not report any reservations to such a purpose;
  • was delivered to the Consumer incomplete;
  • in case of improper installation and start-up if those activities were performed by the Seller or a third person for which the Seller is liable, or by the Consumer, if he/she followed the instructions that he/she received from the Seller;
  • lacks properties guaranteed by the manufacturer, its representative or a person that releases the product on the market as a part of his/her business activity or a person that claims to be the producer of the product by placing his/her trademark or trade name or another designation on the product, unless the Seller was not aware of those guarantees or, judging reasonably, was not able to be aware of them or if the properties could not have an influence on the Consumer’s decision concerning conclusion of the agreement or if their content was corrected before the agreement was concluded.
Legal defect
a situation in which the product sold is a property of a third person or is encumbered with rights of third parties, as well if its use is limited due to a decision or a judgement of a competent authority.
Civil Code
the Act of the 23rd of April 1964 (Journal of Laws of 2014, item 121, as amended) ;
The Act on Consumer Rights
The Act on Consumer Rights of the 30th of May 2014 (Journal of Laws of 2014, item 827);
The Act on Electronic Services
The Act on Electronic Services of the 18th of July 2002 (Journal of Laws of 2013, item 1422, as amended)
The Act on Personal Data Protection
The Act on Personal Data Protection of 29.08.1997 (Journal of Laws of 2002, item 926, as amended)

  1. General information
    1. The www.beskidplus.com online shop is operated by PHU BESKID PLUS general partnership, Roman Tyrna, Janusz Cybuch, Bartosz Tyrna, registered at the District Court of Bielsko Biala, 8th Commercial Division, under KRS No. 0000101002 Address:
      PHU BESKID PLUS sp.j.
      Towarowa 3 
      43-400 Cieszyn
      Poland

      Tel.: +48 33 470 77 80
      Fax: +48 33 470 77 86
      E-mail: sales@beskidplus.com

      National Business Registry Number: 070919527
      Value Added Tax Identification Number: PL 548-20-75-995
    2. Information on products presented on the shop’s website www.beskidplus.com constitutes a proposal to conclude a sales agreement within the meaning of Art. 71 of the Civil Code. The Buyer, by sending an order to the Shop, makes an offer to conclude a sales agreement with the Shop in relation to the products ordered. A confirmation of accepting the order is sent by the Shop to an e-mail address provided by the Buyer within 48 hours from receiving the order and constitutes a statement on accepting the aforementioned offer.
    3. The Shop undertakes to provide services and products free from legal and physical defects.
    4. The www.beskidplus.com website operates in html technology. Viewing and using the Shop requires a browser such as. IE 10, Firefox 35, Safari 6, Opera 15.0, Chrome 38. Use of the Shop requires such a configuration of the browser that allows for cookie files to be received and sent.
    5. The name of the Shop, its graphic design, logos, photos, trade names, content and software are under legal protection.
  2. Placing orders and concluding agreements
    1. The orders may be processed only in Poland. The orders must be placed in Polish.
    2. The orders may be placed 24/7 with the use of an online shop. In exceptional cases, the orders may be also placed by fax or e-mail. Orders placed after 4.00 pm and during public holidays shall be processed on the next business day.
    3. To place an order, the Buyer shall follow the following steps:
      1. Add products to the basket;
      2. Submit the Buyer’s personal data;
      3. Choose the location of delivery;
      4. Place an order by clicking the “Place an order” button
    4. The Buyer is obliged to fill in the order form in accordance with the actual state and to provide full data, including e-mail address or phone number at which it would be possible to confirm the order.
    5. The Buyer, by placing an order in the Shop, declares that he/she has read the contents of the Terms and Conditions and accepts their provisions.
    6. An agreement with the Buyer shall be deemed as concluded at the moment the Shop sends a confirmation e-mail to the address provided by the Buyer. The confirmation is sent within 48 hours from placing an order. If no confirmation is received, this means that the agreement has not been concluded and the order shall not be processed.
    7. All prices on the website of the www.beskidplus.com shop are given in Euro. Prices of products do not include costs of delivery to the Buyer.
    8. The Shop reserves the right to change prices of products available in its offer without previous notification; to introduce new products to the Shop’s offer, to conduct and cancel promotional campaigns on the website and to amend them.
  3. Means of payment

    1. Individuals and companies making a purchase at the www.beskidplus.com shop for the first time may choose from two forms of payments:
      1. Prepayment to the bank account by a traditional or an electronic transfer (the order may be completed at the moment the payment is booked on the account of the Shop);
      2. Payment within 30 days net since the invoice reception
    2. Buyers which belong to the public finances sector as well as private companies which are regular customers of PHU BESKID PLUS (that are entities that have submitted at least 3 orders within the last 12 months and paid on time) may also choose the possibility to pay by a cash transfer within 14 days from issuing an invoice.
    3. The Buyer shall be notified about available methods of payment in the e-mail with confirmation of the order acceptance.
  4. Completion of orders
    1. The total waiting time for an order to be completed consists of: the time of completion and preparation of the order to be sent + estimated delivery time. The estimated time of completion of an order is given in the e-mail confirming acceptance of an order. Time of delivery should be added to that time, which is usually 1-2 business days.
    2. The order shall be completed if it is available at the warehouse or at the shop’s suppliers. In case a part of the order is unavailable, the Customer is informed and shall decide about further order processing (partial completion, prolongation of waiting time, cancellation of the whole order).
    3. The www.beskidplus.com shop reserves the right to refuse to process an order in justified cases, for example, in case there are doubts concerning the Buyer’s solvency or in case the order cannot be completed.
    4. Selling of each product is confirmed by a receipt or a VAT invoice, which is included in the package sent. If the Buyer would like to receive a VAT invoice, he/she has to tick an appropriate box in the order form and provide all data needed for appropriate issuing of the invoice.
    5. The shop shall not be liable for delays in the delivery which are beyond the Shop’s control, especially for delays resulting from the manufacturer’s or the courier company’s fault.
  5. Delivery terms
    1. Delivery costs shall be added to prices of products offered on the website. They are estimated for each order individually and are provided by the www.beskidplus.com shop in the confirmation e-mail. Delivery costs depend on the weight and size of the package.
    2. All orders are delivered to the address indicated by the Buyer with the intermediary of courier companies – DPD and DHL. Courier deliveries are implemented during business days between 9.00 am and 4.00 pm.
    3. Details concerning delivery, such as the name of the courier which will deliver the package and the package number shall be included in the e-mail sent at the moment of transferring the package to the courier company.
    4. The courier shall not give out the package without receiving a copy of the invoice. The Buyer is obliged to keep the original copy of the document and to give the courier the second copy.
  6. The Consumer’s right to withdraw from a distance contract
    1. Due to the contents of the Act of Consumer Rights, The Consumer, that is a buyer who is a natural person and who concluded a distance contract for a purpose not related to his/her business or professional activity, is able to withdraw from the agreement within 14 days from receiving the delivery, without the need to give reasons and without incurring costs, except delivery costs in case the Consumer chose a method of delivery other than the cheapest method of delivery offered by the Shop.
    2. In order to withdraw from the agreement, the Consumer must inform the Seller about his/her decision in a form of a unambiguous written statement (sent to the address: PHU BESKID PLUS sp.j., Towarowa 3, 43-400 Cieszyn, Poland, or by –email at: sales@beskidplus.com )
    3. The Consumer may use the template for withdrawing from a distance contract, however, it is not obligatory.
    4. To comply with the 14 days’ notice obligation concerning withdrawing from an agreement, it is enough to send the statement within this period.
    5. When the Shop receives the withdrawal, it shall send a confirmation to the consumer on a durable medium (e.g. by e-mail).
    6. The www.beskidplus.com shop shall immediately, however, no later than within 14 days from the day of receiving the notice on withdrawing from the agreement, return all payments made by the Consumer, including delivery costs, with the exception of point VI item 1 of these Terms and Conditions.
    7. The www.beskidplus.com shop shall return payments using the same method as the Consumer, unless the Consumer shall give his/her explicit consent for another method of money return to be used, which will not result in any costs payable by him/her.
    8. The www.beskidplus.com shop reserves the right to refrain from returning payments received from the Consumer until it receives the products sent or until the Consumer submits a proof of sending them back, whatever shall happen first.
    9. The Consumer shall be liable for lowering of the value of the product if it results from a use that was beyond necessary to check its character, properties and functioning.
    10. The Consumer shall immediately return the products in a unimpaired state, but in any event no later than 14 days from the day of informing the Shop about the withdrawal from the agreement. The deadline shall be deemed as complied with, if the Consumer sends the products before 14 days shall pass.
    11. The goods together with complete documentation, including a proof of purchase, shall be returned to the following address: PHU BESKID PLUS sp.j., Towarowa 3, 43-400 Cieszyn, Poland, with a note “return”.
    12. The Consumer must incur the direct costs of returning goods.
    13. In accordance with Art. 38, the Consumer is not entitled to the right to withdraw from a distance agreement in case of:
      1. an agreement on provision of services, if the Shop fulfilled the services completely with an explicit consent of the Ordering Party, who was informed before the services were provided that he/she shall lose the right to withdraw from the agreement after the provision of the services;
      2. an agreement in which the price or remuneration depends on fluctuations of the financial market which are not controlled by the Shop and which may occur before the term of withdrawing from the agreement;
      3. an agreement whose subject is a non-prefabricated product, which was manufactured in accordance with the specifications provided by the Buyer or which was made to fulfil his/her individual needs;
      4. an agreement whose subject is a product which is liable to deteriorate or expire rapidly; an agreement on the basis of which a product is delivered in a sealed package and which cannot be returned after the package is opened due to health and hygiene reasons;
      5. an agreement whose subject are products which shall be inseparably jointed to other goods at the time of delivery due to their character;
      6. an agreement whose subject are audio-visual recordings or computer software provided in sealed packages, if the package was unsealed after the delivery;
      7. an agreement for delivery of newspapers, magazines or periodicals, with the exception of subscriptions;
      8. an agreement for provision of digital contents which are not stored on a tangible medium, if the service was provided with an explicit consent of the Ordering Party before the term of withdrawing from the agreement passed and if the Buyer was informed by the Shop that he/she shall lose the right to withdraw from the agreement.
    14. On the basis of point VI, item 13 c, the possibility to return products does not concern products which do not belong to the standard offer of the shop; which are made on a special request of the Consumer (e.g. of an individual size indicated by him/her, with a print made in a special way etc.).
    15. The right to withdraw from a sales agreement concerning products bought in the Shop referred to in point VI is not applicable to purchases made by entities conducting business activities within the scope and for the needs of such an activity. In such cases, appropriate provisions of the Civil Code shall apply.
  7. Complaints
    1. The Buyer is obliged to check the state of the delivery upon receipt. Complaints concerning defects made during transportation shall be considered only on the basis of a written protocol on defects/incompliance of the delivery drawn at the moment of the products receipt at a presence of the courier and confirmed by the courier. Complaints concerning damages made during transportation shall be reported within 24 hours from receiving the delivery. Quantity complaints shall be reported within 3 days from receiving the delivery. Quality complaints shall be reported immediately after noticing the defects, however, no later than 2 years form completion of the order.
    2. In case of a delivery of a defective product or of a product which is non-compliant with the order, please send an e-mail at: sales@beskidplus.com with personal data of the Buyer, the date of conclusion of the agreement which is the basis for the compliant and the subject of the complaint together with a description and/or a photograph of the defects. The Shop shall response to the Buyer’s complaint within 14 days and shall inform the Buyer about the way of settling the case. The Buyer shall receive information concerning further steps to be taken in relation to the defective product.
    3. The Shop is liable towards the Customer if an ordered product has a legal or physical defect (a warranty).
    4. If an ordered product is defective, the Consumer may request that the price is lowered or the Consumer may withdraw from the agreement, unless the Shop shall immediately and without any inconvenience for the Consumer repair the product of replace it for a product free from defects. This limitation shall not be taken into consideration if the product was replaced or repaired by the Shop in the past or if the Shop did not comply with the obligation to replace or repair the product. The Consumer may not withdraw from the agreement if the defect is irrelevant.
    5. The Consumer may request that the product is repaired or replaced, instead of asking for lowering of the price or withdrawing from the agreement. The Shop is obliged to replace the product for a product free from defects or to remove the defect in reasonable time, without any inconvenience for the Consumer. The Shop may refuse to comply with the Consumer’s request if it is impossible to make the product to be compliant with the agreement in away chosen by the Consumer or if in comparison with another possible way, it would be too expensive.
    6. After the compliant is accepted by the Shop – depending on the way of its settling – the Shop shall send a product of a full value at its own expense to the address given by the Buyer; it shall also return an appropriate part of the price due to its lowering or, in case the Consumer withdraws from the agreement, the Shop shall return the purchase price of the product within 14 days from accepting the complaint.
    7. In case of a Buyer which is not a Consumer, the Buyer loses rights resulting from incapability of the product with the agreement, if the Buyer did not check the product at an appropriate time and in a way appropriate for products of such type and did not inform the www.beskidplus.com Shop about the defects immediately, that is no later than within 3 days from receiving the products, and in case the defects came to light later – if the Buyer did not inform the Shop about the defects immediately after noticing them.
    8. Complaints shall not be considered for products which were altered by the Buyer.
    9. The liability of the Shop shall be limited to the price of purchase.
  8. Privacy Policy and Personal Data Protection
    1. The administrator of personal data is PHU BESKID PLUS general partnership R. Tyrna, J. Cybuch, B. Tyrna with its registered office at Towarowa 3, 43-400 Cieszyn, Poland.
    2. By placing an order, the Buyer is aware that his/her personal data shall be processed and used in order to process the order by PHU BESKID PLUS and gives his/her consent to that.
    3. The Buyer may cancel his/her consent for receiving promotional materials by sending an appropriate request at sales@beskidplus.com.
    4. Personal data of the Buyer are confidential and shall not be transferred to other entities. It is only necessary to give such personal data as the name of the recipient, his/her address and phone number to companies providing courier services that cooperate with the Shop, that are DHL and DPD, in order to deliver the products ordered.
    5. Personal data of the Buyer are collected with due diligence and appropriately protected from a non-authorised access in accordance with the Act on Personal Data Protection of the 29th of August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended).
    6. The administrator registered a data set named The Database of Contractors of www.beskidplus.com at the General Inspector of Personal Data Protection’s office (hereinafter referred to as GIPDP) and awaits for assignation of a number for the data set.
    7. The Buyer has the right to review his/her personal data, to amend it and to request that their use is discontinued. In order to do so, it is necessary to send an appropriate request at sales@beskidplus.com
    8. The www.beskidplus.com shop is not liable for any infringements concerning data protection due to reasons beyond its control, especially resulting from theft of computer equipment, hacking attacks and other unforeseeable events.
  9. Final provisions
    1. The www.beskidplus.com shop reserves the right to introduce changes into the offer and these terms and conditions without prior notification, by publishing the changes on its website.
    2. None of the provisions of these Terms and Conditions infringes the rights of the Buyer and must not be interpreted in that way. In case of a non-compliance of any provisions of the Terms and Conditions with applicable laws, the Seller undertakes to comply with the law and to apply it instead of the provision in question.
    3. To all matters not settled herein, legal provisions shall be applied. Any issues between the Shop and the Consumer shall be solved by mediation or arbitration, if the Consumer is willing to do so. As a last resort, any issues shall be solved by an appropriate court.
Cieszyn, 25.12.2014

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