Regulations
BORDEKS.PL ONLINE STORE REGULATIONS
valid from 1 July 2024
1. GENERAL PROVISIONS
1.1 The Online Store available at the Internet address www.bordeks.pl is run by BORDEKS TOMASZ DELIŚ with its registered office in Stare Babice, ul. Warszawska, no. 300, 05-082; NIP: 5291634774; REGON: 141510170.
1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3 The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of processing personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
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 the 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 Batteries and Accumulators Act.
1.4.3 WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.4 REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.5 ORDER FORM – Electronic Service, interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.6 CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.7 CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.8 ACCOUNT – Electronic Service, a collection of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.9 NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.10 ILLEGAL CONTENT – information that in itself or by reference to the activity, including the sale of Products or the provision of Electronic Services, is not compliant with European Union law or with the law of any Member State that is compliant with European Union law, regardless of the specific subject matter or nature of that law.
1.4.11 PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.12 REGULATIONS – these regulations of the Online Store.
1.4.13 ONLINE STORE – the online store of the Service Provider available at the following internet address: www.bordeks.pl.
1.4.14 SELLER; SERVICE PROVIDER – BORDEKS TOMASZ DELIŚ with its registered office in Stare Babice (registered office address and delivery address: Stare Babice, ul. Warszawska, nr 300, 05-082); NIP: 5291634774; REGON: 141510170.
1.4.15 SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.
1.4.16 ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store. 1.4.17 SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for
by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.18 ACT ON BATTERIES AND ACCUMULATORS - the act of 24 April 2009 on batteries and accumulators (Journal of Laws 2009.79.666, as amended).
1.4.19 ACT ON CONSUMER RIGHTS - the act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.20 END USER - an entity using electricity from batteries or accumulators within the meaning of the Act on Batteries and Accumulators.
1.4.21 ORDER – declaration of will of the Customer submitted using the Order Form and aiming directly at concluding a Product Sales Agreement 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 and Newsletter.
2.1.1 Account – the Account can be used after the Service Recipient has completed two consecutive steps – (1) filling in the Registration Form, (2) clicking the “Create an account” field. In the Registration Form, the Service Recipient must provide the following Service Recipient data: first and last name, e-mail address and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the Tax Identification Number.
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 via e-mail to the address: bordeks@bordeks.pl or in writing to the address: ul. Warszawska, nr 300, 05-082 Stare Babice.
2.1.2 Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two consecutive steps - (1) after filling in the Order Form and (2) clicking on the "I order with an obligation to pay" field on the Online Store website after filling in the Order Form - until that moment it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
2.1.2.1 The Electronic Service Order Form is provided free of charge and is of a one-time nature and ends at the moment of placing an Order through it or at the moment of earlier ceasing of placing an Order through it by the Service Recipient.
2.1.3 Newsletter - you can sign up for the Newsletter by checking the appropriate checkbox when creating an Account - at the moment of creating an Account, the Service Recipient is signed up for the Newsletter.
2.1.3.1 The Electronic Service Newsletter 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 via e-mail to the following address: bordeks@bordeks.pl or in writing to the following address: ul. Warszawska, nr 300, 05-082 Stare Babice.
2.2 Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the ability to save Cookies and support Javascript in the Internet browser.
2.3 The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of a
, which is unlawful.
2.4 The complaint procedure regarding Electronic Services is indicated in point 7 of the Regulations.
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1 The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2 The price of the Product displayed on the Online Store website is given in Polish zlotys and includes taxes, except for excise tax. The total price of the Product that is the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the Online Store website during the placement of the Order, including when the Customer expresses his or her will 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 they are purchased by entities not entitled to exemption from the obligation to pay excise duty. The following entities are exempt, among others: 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, medical entities, social welfare organizational units, public benefit organizations. (all entities subject to exemption are indicated in art. 31a sec. 2 item 3 of the Excise Duty Act). The condition for exemption from the obligation to pay excise duty by natural persons making purchases for their households is to provide the PESEL number and the number of the ID card or other document confirming the identity (e.g. passport) of the Customer during the ordering process, which is then included on the purchase document. In the absence of providing the above data, excise duty will be added to the total price of the Product. Entities listed in art. 31a sec. 2 point 3 of the Excise Duty Act, in order to benefit from the exemption, confirm the purchase of coal products on the relevant delivery document. They are also obliged to store delivery documents for control purposes for a period of 5 years, counted from the end of the calendar year in which the delivery document was confirmed by them (Article 31a, paragraph 7 of the Act). However, they are not obliged to keep records of coal products used for exempt purposes (Article 31a, paragraph 4 of the Act). The entities listed in Article 31a, paragraph 2 point 3 of the Excise Duty Act, in order to benefit from the exemption, confirm the purchase of coal products on the relevant delivery document.
3.4 The Seller complies with the provisions of the Act of 11 May 2001 on the obligations of entrepreneurs in the field of management of certain waste and on the product fee (Journal of Laws 2001 No. 63, item 639, consolidated text: Journal of Laws of 2020, item 1903, as amended) and therefore informs that it is obliged to collect an additional fee from the Customer who is an end user within the meaning of Art. 2 item 11ac of the Act - i.e. the purchaser of Disposable Plastic Products, Disposable Plastic Packaging or Beverages or Food in Disposable Plastic Packaging for their own use, without further resale. Products subject to the obligation to pay an additional fee, referred to in this point of the Regulations, are listed in Annex No. 6 to the aforementioned Act (in particular beverage cups and food containers). When purchasing the Products listed in the previous sentence, the Customer is obliged to inform the Seller no later than before concluding the Sales Agreement (e.g. in the field enabling the inclusion of comments to the Order) that they are making the purchase as an end user within the meaning of the aforementioned act.
3.5 Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.5.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.5.2 After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Seller to the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the
Order, which contains at least the Seller's declarations on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.6 Consolidated
e, securing and making available to the Customer the content of the concluded Sales Agreement is done by (1) making these Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in point 3.5.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. INDIVIDUAL PRINTS
4.1 The Seller allows the Customer to purchase individually marked packaging in accordance with the parameters selected by the Customer.
4.2 Packaging on which printing can be made is appropriately marked in the Online Store.
4.3 The Customer himself provides the logo, text, pattern for preparing the print. A graphic file is required to prepare the print.
4.4 The individual print function does not allow printing white. This should be taken into account when designing the print. In particular, it is suggested to change the white color to a shade of gray. It should be taken into account that in the case of printing on a surface in a color other than white, the color of this material will slightly show through the gray.
4.5 The deadline for making individual prints is no more than 14 days from the date of delivery by the Customer using the print design wizard and in the case of the Customer choosing payment by bank transfer, electronic payment or payment card, from the date of crediting the Seller's bank account or settlement account - depending on which comes later.
4.6 The minimum circulation of 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 TERMS OF PAYMENT FOR THE PRODUCT
5.1 The Seller provides the Customer with the following methods of payment under the Sales Agreement:
5.1.1 Cash payment on delivery upon receipt of the shipment.
5.1.2 Cash payment upon personal collection.
5.1.3 Payment by bank transfer to the Seller's bank account.
5.1.4 Electronic payments and card payments via Przelewy24.pl - current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website www.przelewy24.pl, https://www.payu.pl.
5.1.4.1 Settlements for electronic payments and card transactions are carried out in accordance with the Customer's choice via Przelewy24.pl, https://www.payu.pl. Electronic payments and card payments are handled by:
5.1.4.1.1 Przelewy24.pl - PayPro S.A. with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, share capital: PLN 5,476,300.00 fully paid up, NIP 7792369887, REGON 301345068.
5.1.4.1.2 https://www.payu.pl – PayU S.A. company with its registered office in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00 fully paid up; NIP: 7792308495.
5.1.5 Deferred payment – a service consisting in deferring the payment deadline up to 30 days from the date of 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 37, 02-672 Warsaw), entered into 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 the share capital of PLN 627,500.00, NIP: 5213705997, REGON: 362485126.
5.2 Payment deadline:
5.2.1 If the Customer chooses payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement. 5.2.2 If the Customer chooses payment by cash on delivery upon receipt of the shipment or payment by cash upon personal collection, the Customer is obliged to make the payment upon receipt of the shipment.
5.2.3 If the Customer chooses deferred payment as part of the PayPo service, the Customer is obliged to make the payment to PayPo Sp. z o.o. within 30 days from the conclusion of the Sales Agreement or - in the case of the Customer choosing installment payment - 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 COLLECTION OF THE PRODUCT
6.1 Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement
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 regarding delivery costs and during the Order placement, including when the Customer expresses their will 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 provides the Customer with the following methods of delivery or collection of the Product:
6.3.1 Postal delivery, postal delivery with cash on delivery.
6.3.2 Courier delivery, courier delivery with cash on delivery.
6.3.3 Personal collection available at the following address: Stare Babice, ul. Warszawska, nr 300, 05-082 – on Business Days, from 08:00 to 17:00 and on Saturdays, from 09:00 to 13:00.
6.4 The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the given Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 7 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:
6.4.1 In the event that the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
6.4.2 In the event that the Customer chooses payment by cash on delivery - from the date of conclusion of the Sales Agreement.
6.4.3 In the event that the Customer chooses deferred payment - from the date of notification to the Seller by the lender about the conclusion of a credit agreement with the Customer, but no later than the date of crediting the Seller's bank account with funds from the credit granted to the Customer.
6.5 The date of readiness of the Product 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 7 Business Days, unless a shorter period is specified in the description of the given Product or when placing the Order. In the case of Products with different readiness for collection dates, the date of readiness for collection is the longest date provided, which, however, cannot exceed 7 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
6.5.1 If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
6.5.2 If the Customer chooses payment by cash upon personal collection - from the date of conclusion of the Sales Agreement.
6.5.3 In the event that the Customer selects a deferred payment method – from the date the lender notifies the Seller of the conclusion of a credit agreement with the Customer, but no later than the date the Seller's bank account is credited with funds from the credit granted to the Customer.
7. COMPLAINT PROCEDURE
7.1 This point 6 of the Regulations specifies the complaint procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
7.2 The basis and scope of liability are specified in generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
7.2.1 Detailed provisions regarding the complaint of a Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller by December 31, 2022 are specified in the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to deliver a Product without defects to the Customer. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded. 7.2.2 Detailed provisions regarding the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves solely as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 are specified in the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular Art. 43a - 43g of the Act.
on Consumer Rights. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
7.2.3 Detailed provisions regarding the complaint of the Product - digital content or service or movable item that serves exclusively as a carrier of digital content - purchased by the Customer on the basis of the Sales Agreement concluded with the Seller on or before 1 January 2023, if the delivery of such Product was to take place or took place after that date are specified in the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
7.3 A complaint may be submitted, for example:
7.3.1 in writing to the following address: Stare Babice, ul. Warszawska, nr 300, 05-082
7.3.2 in electronic form via e-mail to the address: bordeks@bordeks.pl
7.4 The Product may be sent or returned as part of the complaint to the following address: Stare Babice, ul. Warszawska, nr 300, 05-082
7.5 It is recommended to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction or withdrawal from the contract or another claim; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint. The requirements specified in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
7.6 If the contact details provided by the complainant change during the complaint review, they are obliged to notify the Seller of this.
7.7 The complainant may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the review of the complaint by the Seller.
7.8 The Seller will respond to the complaint immediately, no later than within 14 calendar days of its receipt.
8. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8.1 Detailed information on the possibility of using out-of-court complaint and claim settlement procedures by a Customer who is a consumer and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: uokik.gov.pl.
8.2 The President of the Office of Competition and Consumer Protection also has a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
8.3 The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for the resolution of a dispute to a permanent consumer arbitration court (more information on the website: www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at the following address: porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
8.4 An online platform for resolving disputes between consumers and traders at EU level (ODR platform) is available athttps://ec.europa.eu/. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: uokik.gov.pl).
9. ODR LAW
WITHDRAWAL FROM THE CONTRACT
9.1 A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in point 9.8 of the Regulations. To meet the deadline, it is sufficient to send a declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
9.1.1 in writing to the following address: Stare Babice, ul. Warszawska, nr 300, 05-082
9.1.2 in electronic form via e-mail to the following address: bordeks@bordeks.pl
9.2 The return of the Product - movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the following address: Stare Babice, ul. Warszawska, nr 300, 05-082
9.3 A sample withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 14 of the Regulations. The consumer may use the template form, but this is not obligatory.
9.4 The period for withdrawal from the contract begins:
9.4.1 for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership - from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from the moment the last Product, batch or part is taken into possession or (2) consists in the regular delivery of Products for a specified period - from the moment the first Product is taken into possession;
9.4.2 for other contracts - from the date of conclusion of the contract.
9.5 In the event of withdrawal from a contract concluded remotely, the contract is deemed not to have been concluded.
9.6 Products - movable items, including movable items with digital elements:
9.6.1 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product - movable item, including movable item with digital elements (with the exception of additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller returns the payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. 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 himself, he may withhold the return of payments received from the consumer until the Product is received back or the consumer provides proof of its return, depending on which event occurs first.
9.6.2 In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry.
9.6.3 The consumer is liable for the decrease in the value of the Product - movable item (including movable items with digital elements) - resulting from its use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
9.7 Products - digital content or digital services:
9.7.1 In the event of withdrawal from the contract for the supply of a Product - digital content or digital service - the Seller, from the date of receipt of the consumer's declaration of withdrawal from the contract, may not use content other than personal data provided or generated by the consumer during the use of the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is only useful in connection with the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from them or can only be separated with disproportionate efforts; (4) has been generated by the consumer together with other consumers who can still use them. Except for the cases referred to in points (1)–(3) above, the Seller, at the consumer's request, provides him with content other than personal data that was provided or created by the consumer in the course of using the digital content.
ch or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance on the part of the Seller, within a reasonable time and in a commonly used machine-readable format.
9.7.2 In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
9.8 Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
9.8.1 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 standard method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
9.8.2 In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product. 9.8.3 In the case of a Product - a service, the performance of which - at the consumer's express request - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services provided until the time of withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
9.9 The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
9.9.1 (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has provided the service, the consumer will lose the right to withdraw from the contract, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires; (3) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or intended to meet their individual needs; (4) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) where the subject of the provision is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the provision is Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) where the subject of the provision is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repairs or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded at a public auction; (12) for the provision of accommodation services, other than for residential purposes, the transport of goods, the rental of
amocars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the provision of digital content not provided on a tangible medium, for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the provision began that after the Seller provided the service, the consumer would lose the right to withdraw from the contract, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services, for which the consumer is obliged to pay the price, in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer. 9.10 The provisions contained in this point 9 of the Regulations concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
10. PROVISIONS REGARDING ENTREPRENEURS
10.1 This point 10 of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for agreements concluded from that day who is not also a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business 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 occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
10.3 The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
10.4 The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
10.5 The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both within the framework of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer towards the Service Provider/Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for delays in the transport of the shipment.
10.6 The Seller's liability under the warranty for the Product or the lack of compliance of the Product with the Sales Agreement shall be excluded.
10.7 The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.
10.8 Any 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. FINAL PROVISIONS
11.1 Agreements concluded through the Online Store shall be concluded in Polish. 13.2 Changes to the Regulations:
11.2.1 The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2 In the event of concluding continuous agreements based on these Regulations (e.g. provision of the Electronic Service – Account), the amended Regulations shall bind the Service Recipient if the requirements specified in
in art. 384 and 384[1] of the Civil Code, i.e. the Service Recipient was properly notified of the changes and did not terminate the agreement within 15 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the agreement.
11.2.3 In the event that agreements of a different nature than continuous agreements (e.g. Sales Agreement) are concluded on the basis of these Regulations, changes to the Regulations will not in any way violate the rights of Service Recipients/Customers acquired before the date of entry into force of the changes to the Regulations, in particular changes to the Regulations will not affect Orders already placed or submitted and concluded, implemented or performed Sales Agreements.
11.3 In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); Act on Consumer Rights; and other relevant provisions of generally applicable law.
11.4 In accordance with the Act on Batteries and Accumulators, the Seller is obliged to accept used Batteries and used Accumulators from the Customer who is the End User.
11.5 These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding the agreement with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him/her under the provisions that cannot be excluded by agreement.
12. SAMPLE WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the agreement) – Addressee:
BORDEKS TOMASZ DELIŚ with its registered office in Stare Babice, ul. Warszawska, nr 300, 05-082; NIP: 5291634774; REGON: 141510170, e-mail: bordeks@bordeks.pl
– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) contract of delivery of the following goods(*) contract for a specific work consisting in the performance of the following goods(*)/provision of the following service(*)
– Date of conclusion of the contract(*)/receipt(*) – Name and surname of the consumer(s) – Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper form) – Date
(*) Delete where not applicable.
