Terms and conditions

Terms and conditions

10.01.2019 r.

 

“BATYCKI” ONLINE STORE REGULATIONS

 

§1 Glossary

1. Mailing Address – your name or the name of the appropriate institution, precise address (in the case of cities, towns and villages containing more than one street: street name, house number, apartment or premises number, in the case of villages with a single street: village name and house number), postal code, name of the city, town or village.

2. Warrantor’s address – MS Sp. z o.o., with its registered office located in Straszyn at ul. Jowisza 1/4, 83-010 Straszyn, Poland

3. Delivery price list available at https://batycki.pl/pl/content/1-dostawa – a list of available delivery methods along with their costs.

4. Contact information:
address: MS Sp. z o.o., with its registered office located in Straszyn at ul. Jowisza 1/4, 83-010 Straszyn, Poland,
e-mail: sklep@batycki.pl
Phone: +48 512 - 020 - 302

5. Delivery – a type of transport service that includes specifying the carrier and the cost of the service itself, which is listed in the delivery price list.

 

6. Proof of purchase – e.g. an invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended, and other applicable laws, as well as a card payment confirmation or an account statement.

7. Product card – a single subpage of an online store containing information about a single product.

8. Consumer – an adult natural person with full legal capacity, a legal person or an organisational unit without a legal personality, but with the capacity to perform legal acts, who purchases goods or services directly related to the Seller’s business or their professional activity from the Seller.

9. Civil Code – The Civil Code Act of April 23, 1964, as amended.

10. Code of Good Practice – a set of rules of conduct, in particular, regarding the ethical and professional standards referred to in Article 2, point 5 of the Act of 23 August 2007 on combating unfair commercial practices, as amended.

11. Consumer – an adult natural person with full legal capacity, who purchases goods or services not directly related to the Seller’s business or their professional activity from the Seller.

12. Shopping Cart – a list of products available as part of the store’s offer, which is prepared on the basis of individual choices made by the Buyer.

13. Buyer – both Consumer and Customer.

14. Place of goods delivery – postal address indicated in the order by the Buyer.

15. Time of goods delivery – the moment at which the Buyer or a person indicated by them take possession of the item.

16. Payment – payment method for the subject of the contract and for its delivery to the appropriate address.

17. Consumer rights – The Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827).

18. Product – minimum and indivisible amount of goods that can be the subject of the contract, and which is indicated in the Seller's store to be the unit of measure by which the price of the goods in question is determined (price/unit).

19. The subject of the contract – the goods that are the subject of the contract, as well as their delivery.

20. The subject of the service – the subject of the contract.

21. Item – a movable object which is or might be the subject of the contract.

22. Store – online service available at https://batycki.pl/pl/, through which Buyers can place orders. The content of the Online Store does not constitute an offer within the meaning of Civil Code Art. 661.

 

23. The Seller:

MS Sp. z o.o., with its registered office located in Straszyn at ul. Jowisza 1/4, 83-010 Straszyn, Poland, NIP (Tax ID No): 5213634027, REGON (National Business Registry No): 146225579.

24. System – a set of IT equipment and software that provides its users with processing and storage functions, as well as the ability to send and receive data through telecommunications networks, with the use of terminal devices appropriate for the type of network, commonly referred to as the Internet.

25. Delivery time – the number of hours or work days required to deliver the product that is provided in the product card to the Buyer.

26. Contract – in the case of Consumers – a contract concluded outside of business premises or a distance contract, within the meaning of the Act of 30 May 2014 on consumer rights; in the case of Buyers – a sales contract within the meaning of Art. 535 of The Civil Code Act of 23 April 1964.

27. Defect – either a physical or legal defect.

28. Physical Defect – non-conformity of the item sold with the terms of the contract, especially if the item:

1)      lacks properties that such an item should possess due to its purpose indicated in the contract, or properties arising from the circumstances or its intended use;

2)      lacks properties claimed by the Seller when presenting the product to the Consumer;

3)      is not suitable for the purposes indicated by the Consumer when concluding the contract with the Seller, provided that the Seller does not raise any objections to such use of the item;

4)      was delivered to the Consumer in an incomplete state;

5)      was installed and activated in an improper manner, in the event that these activities were carried out by the Seller, or a third party for the actions of which the Seller bears responsibility, or by a Consumer who acted in accordance with the instructions received from the Seller;

6)      lacks properties claimed by the manufacturer, their representatives or persons who place the item on the market on the basis of their business activity, as well as persons presenting themselves as the producer of the item by placing their name, trademark or other distinctive signs on it, unless the Seller was unaware of the assurances made by the producer or, judiciously, could not know about them or if these assurances could not affect the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.

29. Legal defect – a situation when the item sold is the property of a third party or is encumbered by a third party right, as well as a situation when an appropriate authority has imposed restrictions in regard to using and disposing of the item.

30. Order – a declaration of intent made by the Buyer via the store, which clearly specifies the following: the type and quantity of the products; type of delivery; payment method; place of goods transfer, Buyer’s personal information, the purpose of which is the conclusion of a contract between the Buyer and the Seller.

§2 General Sale Conditions

1. The contract is concluded in Polish, in accordance with Polish law and the hereby regulations.

2. The Seller undertakes and is required to provide services and deliver items free of Defects.

3. All prices indicated by the Seller are expressed in PLN and are gross prices (with VAT included). Product prices do not include delivery cost, which is specified in the delivery price list.

4. The Seller shall be liable to the Customer under warranty if a physical defect is discovered within two years from the date on which the item was transferred to the Customer.

5. In order to facilitate access to all essential provisions of the contract in the future, the confirmation, disclosure, consolidation and securing of this information will be conducted through the following means:

1)      by sending an order confirmation to the indicated e-mail address, which will contain the order itself, as well as information about the right to withdraw from the contract;

2)      by attaching a printed proof of purchase to the complete order that will be sent to the indicated place of goods transfer.

6. The Seller does not charge any fees for communicating with them by the means of distance communication. The Buyer shall bear the costs of such communication in the amount indicated in a separate contract regarding the provision of distance communication services that they have concluded with a third party.

7. The Seller shall ensure that the online store operates in a correct manner during the Buyer’s use of the store, provided that the buyer uses one of the following Internet browsers: Internet Explorer version 7 or newer, Firefox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, or Safari, with up-to-date versions of JAVA and FLASH installed and when using a screen whose horizontal resolution exceeds 1024 px. Using third-party software that affects the functioning and functionality of browsers such as Internet Explorer, FireFox, Opera, Chrome, Safari may also have an adverse effect on the graphic layout of the store webpage. In order to guarantee full functionality of the https://batycki.pl/pl/ store, any such software should be disabled.

 

8. The Buyer can take advantage of the option to remember their data by the store in order to facilitate the process of placing future orders. For this purpose, the Buyer must provide a login and a password that will allow them to access their account afterwards. Both the login and the password are sequences of characters chosen by the Buyer. The Buyer is obliged to keep this information secret and prevent unauthorised third parties from accessing it. The Buyer can view, correct and update their data, as well as delete their account at any time.

9. The store operates both on the territory of the Republic of Poland as well as abroad.

10 The Seller abides by the Code of Good Practice.

§3 Contract conclusion and implementation

1. Orders can be placed 24 hours a day, 7 days a week.

2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated numerous times:

1)      add a product to the shopping cart;

2)      choose the delivery method;

3)      choose the payment type;

4)      select the place of goods transfer;

5)      place an order by clicking on the “Place order” button.

3. A contract with the Consumer is concluded at the moment the order is placed.

4. The Batycki online store allows Buyers to pay for the ordered goods with the use of the following payment methods:

1)   Electronic payment prior to receiving the ordered goods (payment in advance).

2)      Payment via the Przelewy24.pl online payment service.

The service also allows Buyers to make payments using a credit card or a fast Internet transfer. By choosing this payment option, you will automatically be redirected to the Przelewy24.pl system.

3)   When paying by an online transfer, please select your bank from the list and then log into your online banking service using your online banking access data. Afterwards, simply confirm the payment. The list of banks supported by Przelewy24.pl is available here.

4)   Buyers can make payments using VISA and MASTER CARD credit cards. In order to make a payment using a credit card, please provide all required information about the card and its holder and proceed to authorise the transaction with the use of a CVV or CVC code.

5)   Przelewy24.pl is a holder of the Certificate of Business Credibility and is based on SSL encryption, which guarantees a high level of transaction security.

6)   Buyers can pay in advance for goods delivered via courier service or through InPost parcel lockers. Such a payment method is also available with the Click&Collect option, provided that the Buyer selects the “online payment” and “collect at a store” options during order placement.

5. By selecting the “payment on delivery” option, the Buyer will pay the courier in cash when their order arrives. If the Buyer opts for delivery to an InPost parcel locker, they will pay for their purchase via a payment link (e-transfer) or by a payment card (Visa, Visa Electron, MasterCard, Maestro) at the appropriate InPost parcel locker. The InPost parcel machine payment system is operated by eCard S.A.

4. The processing of Consumer orders which are paid for upon delivery commences immediately, whereas in the case of orders which are paid for via bank transfers or electronic payment systems, it commences after the payment is transferred to the Seller's account.

5. The contract between the Seller and the Consumer is concluded at the moment the order is accepted by the Seller. The Seller shall inform the Buyer about this fact within 48 hours of placing the order by the former.

6. The processing of Consumer orders which are paid for upon delivery commences immediately after the contract is concluded, whereas in the case of orders which are paid for via bank transfers or electronic payment systems, it commences after the contract is concluded and the payment is transferred to the Seller's account.

7. The processing of Consumer orders may be dependent on whether a total or partial payment for the contract is transferred to the Seller or whether a trade credit limit that is at least equal to the total value of the contract is obtained, or whether the Seller agrees to ship the goods ordered in the form of a cash-on-delivery order (paid on receipt).

8. The subject of the contract will be shipped on the day specified in the product card, and in the case of orders including several products, it will be shipped when all of the ordered items are available and ready to be delivered. As such, the order shipping date is determined by the shipping date of the product for which the Buyer would have to wait for the longest, had it been ordered on its own. The shipping period begins at the moment the order is processed.

9. The purchased subject of the contract is sent to the Buyer along with the sales document by the delivery method chosen by the Buyer to the place of goods delivery indicated by the Buyer in the order.

§4 The right to withdraw from the contract

1. Pursuant to art. 27 of the Act on Consumer Rights, the consumer has the right to withdraw from a distance contract without providing a reason for doing so and without incurring costs, with the exception of costs specified in art. 33, art. 34 of the Act on Consumer Rights.

2. The Consumer may withdraw from a distance contract within 30 days from the day on which the item is delivered. It is sufficient for the Consumer to send a notice of withdrawal to the Seller before this deadline in order for this condition to be met.

3. The Consumer may submit the declaration of withdrawal from the contract with the use of the template form which is attached as Annex 2 to the Act on Consumer Rights, the form available at https://batycki.pl/pl/content/9-formularze-dla-klientow or in any other type of written form that is compliant with the Act on Consumer Rights.

4. The Seller shall immediately send an e-mail message to the Consumer in order to confirm that they have received a statement of withdrawal from the contract, to the address provided when the contract was concluded, as well as any other e-mail address provided by the Consumer in the statement.

5. In the event of contract cancellation, the contract shall be considered null and void.

6. The Consumer is obliged to return the item to the Seller immediately, however no later than within 14 days from the date on which they have withdrawn the contract. It is sufficient for the item to have been sent to the Seller before this deadline for the above condition to be met.

7. The Consumer must send back the items that are the contract subjects to the Seller. In addition, the Consumer withdraws from the contract at their own expense and risk.

8. The Consumer shall bear responsibility for any decrease in the value of the item that is the contract subject, resulting from any type of use that exceeds what is necessary to determine the nature, characteristics and functioning of the item.

9. The Seller shall promptly, and no later than within 14 days from the date on which they have received the statement of withdrawal from the contract submitted by the Consumer, return all payments made by the Consumer, including delivery costs, to the Consumer. Where the Consumer has chosen a delivery method other than the default and least expensive delivery method offered by the Seller, the Seller will not reimburse the Consumer for such additional costs, in accordance with Art. 33 of the Act on Consumer Rights.

10 The Seller shall refund the payment using the same payment method as the one used by the Consumer unless the Consumer has expressly agreed to a different payment method that does not involve any costs for them.

11. The Seller may withhold the repayment of the Consumer’s expenses until the goods have been returned or the Consumer has provided confirmation that the goods have been sent back, whichever event occurs first.

12. According to art. 38 of the Act on Consumer Rights, Consumers cannot withdraw from contracts, in which:

1)      the price or remuneration depends on financial market fluctuations which are beyond the Seller’s control and which may occur before the time limit for withdrawal from the contract expires;

2)      the object of the service is a non-prefabricated item, custom-made in accordance with the Consumer's specifications or intended to satisfy their individual needs;

 

§5 Warranty

1. Based on art. 558 § 1 of the Civil Code, the Seller is released from liability to Consumers for physical and legal defects (warranty).

2. The Seller is liable to the Consumer on the basis of provisions of art. 556 et seq. of the Civil Code regarding defects (warranty).

3. In the case of Contracts concluded with Consumers, if a physical defect is discovered within one year of the date of item delivery, it is assumed that this defect existed at the time of the transfer of risk to the Consumer.

4. If the item purchased by the Consumer is defective, they may:

1)      submit a statement in which they demand that the price for the goods be lowered;

2)      submit a statement of withdrawal from the contract;

unless the Seller immediately and without excessive inconvenience for the Consumer replaces the defective item with a defect-free item or remedies the defect. However, if the item has already been replaced or repaired by the Seller or if the Seller did not fulfil their duty to replace the item with a defect-free item or remedy the defect, they are no longer entitled to replace the item or remedy the defect.

5. The Consumer may demand replacing the item with a defect-free item instead of agreeing to defect remediation proposed by the Seller, or demand that the Seller remedies the defect instead of replacing the item, unless making the goods compliant with the contract in the manner chosen by the Consumer is impossible or would require excessive costs, in comparison with the method proposed by the Seller. When determining whether the costs of making goods compliant with the contract are excessive or not, the factors taken into account are the price of a defect-free item, the nature and significance of the defect found, as well as the inconvenience to the Consumer that another method of satisfying their claim would include.

6. The Consumer cannot withdraw from the contract if the defect is insignificant.

7. If the item purchased by the Consumer is defective, they may also:

1)      demand that the item be replaced with a defect-free item;

2)      demand that the defect be remedied.

8. The Seller is required to replace the defective item with a defect-free item or remedy the defect within a reasonable time without causing excessive inconvenience to the Consumer.

9. The Seller may refuse to accommodate the Consumer's request where it is impossible to make the defective item compliant with the contract in a manner chosen by the Buyer or such a course of action would require excessive costs compared to the alternative way of making the item compliant with the contract.

10 The Consumer who exercises their rights under the warranty is obliged to deliver the defective item to the warrantor’s address, in accordance with the complaint procedure. In instances where due to the type of the item or the method of its installation, delivering the item by the Consumer would be excessively difficult, the Consumer is obliged to allow the Seller to access the item in the place where it is located. Should the Seller not comply with this obligation, the Consumer is allowed to ship the item back to the Seller at the expense and risk of the Seller.

 

11. The costs of replacement or repair of the item shall be borne by the Seller.

12. The Seller is obliged to accept a defective item from the Consumer, should the Consumer demand that the item be replaced with a defect-free item or withdraw from the contract.

13. The Seller will respond within fourteen days to:

1)      statements regarding price reduction;

2)      statements regarding a withdrawal from a contract;

3)      demands regarding the replacement of defective items with defect-free items,

4)      demands regarding defect remediation.

Otherwise, it shall be assumed that the Seller considers the statement or demand submitted by the Consumer as justified.

14. The Seller is liable under the warranty if a physical defect is discovered within two years from the day on which the item was delivered to the consumer.

15. The Consumer's claim regarding defect remediation or replacing the item with a defect-free item expires after one year from the day on which the defect is discovered, but not earlier than within two years from the moment the Consumer takes possession of the item. If the subject of the sale is a second-hand item, the claim expires within one year from the moment the item is delivered to the Consumer.

16. Where the use-by date of the items, specified by the Seller or producer, expires after two years from the day on which the Consumer takes possession of the items, the Seller shall be liable under warranty for physical defects discovered in the items before that time limit expires.

17. The Consumer may submit a statement of withdrawal from the contract or demand a price reduction due to a physical defect of the item within the time limits specified in §4. If the Consumer requested the replacement of the item with a defect-free item or removal of the defect, the period in which the Consumer can withdraw from the contract or demand a price reduction starts at the moment the time limit for item replacement and defect remediation ineffectively expires.

18. Where one of the warranty claims is pursued in a court of law or before an arbitration tribunal, the time limit for exercising other related rights enjoyed by the Consumer in this regard shall be suspended until the proceedings have been concluded by way of a legally binding judgement. Accordingly, the aforementioned provision shall also apply to conciliation proceedings, whereas the time limit for exercising other warranty rights enjoyed by the Consumer shall begin on the day of the court’s rejection of the agreement reached before an intermediary or on the day of the conclusion of the conciliation proceedings to no avail.

§6 Final provisions

1. None of the provisions of the hereby Regulations is intended to infringe upon the Buyer's rights.

2. An up-to-date version of the Regulations is always available to the Buyer in the Regulations tab (https://batycki.pl/pl/content/3-regulamin-sklepu). During order processing and throughout the period of after-sale care, the regulations accepted by the Buyer during order placement shall apply. This limitation shall not apply in instances where the Consumer considers the regulations that they have accepted in the past to be less favourable than the current ones and informs the Seller that they wish to choose the current regulations as binding.

3. In matters not covered by the hereby regulations, relevant legal provisions shall apply. Should the consumer express such a wish, all disputable issues shall be resolved by means of mediation or arbitration. As a last resort, the matter shall be resolved by the court which would have jurisdiction ratione loci and ratione materiae.


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