Terms and Conditions of the Brykacze.pl Online Store

§ 1 General provisions

1. The Online Store enables purchases to be made over the Internet in accordance with these Terms and Conditions.
2. The seller of the products offered by the Online Store is the company ‘NOVA’ Beata Kozicka, ul. Dębowa 4, Jazgarzewszczyzna, postal address 05-501 Piaseczno, NIP 123-036-22-56, REGON 017323721, hereinafter referred to as the Store or the Service Provider. The correspondence address is Wolska 34, 05-650 Chynów.
3. In case of doubt, announcements, advertisements, price lists and other information published in the Online Store are regarded as an invitation to conclude a contract rather than an offer (in accordance with Article 71 of the Civil Code).
4. All prices displayed by the Store are in Polish zloty and include tax. The price of the goods does not include the cost of shipping them to the Customer.
5. The Customer may use the Online Store provided that the User’s IT system meets the following minimum technical requirements: a. Internet Explorer version 7.0 or later with ActiveX, JavaScript and cookies enabled, or b. Mozilla Firefox version 3.0 or later with Java applets, JavaScript and cookies enabled; c. a minimum screen resolution of 1024x768 pixels. To ensure that users can use our Store safely, we recommend using the latest updated versions of browsers and their extensions and plug-ins.

§ 2 Orders

1. For the purposes of these Terms and Conditions, an order means a declaration of intent by the Customer aimed directly at concluding a distance contract for the sale of goods through the Online Store, specifying the type and quantity of goods.
2. The seller’s notification by email that an order has been accepted for processing, on the basis of an offer accepted by both parties, constitutes the conclusion of a sales contract binding on both parties to the transaction.
3. To place an order, the Customer registers by creating a new account on the Store’s home page using the ‘Register/Log in’ option. An order may also be placed without registration or creating an account by completing the order form.
4. Registering a new account requires personal details to be provided, namely first name, surname, home address, delivery address, telephone number and a password. To place an order without creating an account, the same details as those referred to in the preceding sentence must be provided.

§ 3 Bank transfer details - account holder and account number: ‘NOVA’ Beata Kozicka, ul. Dębowa 4, 05-501 Piaseczno, Alior Bank 10 2490 0005 0000 4600 2314 7550

§ 4 Order processing and delivery

1. The ordered goods will be delivered without delay, no later than 30 days after the contract is concluded.
2. If the Store cannot fulfil its obligation because the goods are unavailable, it must notify the Customer without delay, and in any event no later than thirty days after the contract is concluded, and refund the entire amount received from the Customer.
3. Payment methods:
a) cash when collecting the goods in person (card payment is not available).
b) bank transfer before delivery of the goods or payment through ‘przelewy24.pl’ or ‘PayU’ (fast payments through a number of banks and by card). Transfers should be made to: mBank S.A., account number 92 1140 2004 0000 3402 8003 9160. With this payment method, we begin processing the order after confirming receipt of the amount due for the order, including delivery, in our account. Once payment reaches our account, the goods are dispatched with an invoice.
c) payment on delivery of the parcel (paid to the courier of the shipping company).

§ 5 Delivery methods and receipt of goods

1. Goods ordered from the Online Store are delivered throughout Poland. Shipping outside Poland is possible on individually agreed terms.
2. The Customer has the right to choose the delivery method: * collection in person from our warehouse in Chynów; * courier delivery; * priority delivery by Poczta Polska (optional).
3. Receipt of a parcel from the courier company must be confirmed in writing. Upon handover of the sold goods, the benefits and burdens associated with the goods, and the risk of their accidental loss or damage, pass to the buyer.

§ 6 Personal data protection

1. In accordance with the Personal Data Protection Act, the controller of the Buyer’s personal data is the owner of the Online Store, the company ‘NOVA’ Kozicka Beata, ul. Dębowa 4, Jazgarzewszczyzna, postal address 05-501 Piaseczno. To ensure that users can use our Store safely, we recommend using the latest/updated versions of browsers and their extensions and plug-ins.
2. Detailed information about the processing of personal data can be found in the Privacy Policy.

§ 7 Complaints procedure and the trader’s statement on the obligation to supply goods that conform to the contract.

1. As the seller, the Store is liable to a customer who is a consumer or a natural person concluding a contract directly related to their business activity where the contract indicates that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions concerning the Central Registration and Information on Business, if the goods do not conform to the contract within the meaning of the Consumer Rights Act of 30 May 2014.
2. For the avoidance of doubt, no provision of these Terms and Conditions limits the rights granted under the laws in force in the Republic of Poland to a consumer or a natural person concluding a contract directly related to their business activity where the contract indicates that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions concerning the Central Registration and Information on Business.
3. To begin the complaints procedure, a complaint must be submitted by letter, fax or email to serwis@brykacze.pl, stating the first name and surname of the Customer or the person submitting the complaint, the correspondence address (or email address), the name of the goods and, if possible, the purchase document number, date of purchase, and a description of the problem and the remedy sought. Complaints sent by letter should be addressed to the correspondence address referred to in § 1 paragraph 2.
4. After the complaint has been received, the Customer may be asked to send the goods concerned to the correspondence address at the Store’s expense. However, if sending the goods would be excessively difficult for the Customer because of the type of goods or the way they are installed, the Customer must make the goods available to the Store at their location.
5. The Customer will receive a response to the complaint within 14 days of its receipt.
6. If the Store does not accept the customer’s claim, the customer may seek assistance from the municipal or district consumer ombudsman or use other out-of-court methods of resolving complaints and pursuing claims. To use the possibility of amicable resolution of disputes concerning online purchases, the Consumer may submit a complaint, for example through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/
7. The Store undertakes to supply goods that conform to the contract, except for defects indicated in the sales offer that have been expressly and separately accepted by the consumer or by a natural person concluding a contract directly related to their business activity where the contract indicates that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions concerning the Central Registration and Information on Business.
8. A consumer or a natural person concluding a contract directly related to their business activity where the contract indicates that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions concerning the Central Registration and Information on Business, has rights in the event of a lack of conformity with the contract on the terms laid down in the Consumer Rights Act of 30 May 2014.

§ 8 Right of withdrawal

1. You have the right to withdraw from this contract within 14 days without giving any reason, or within 30 days in the case of a contract concluded during an unsolicited visit to the consumer’s place of residence or habitual residence, or during an excursion.
2. The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, take possession of the goods. In the case of a contract concluded during an unsolicited visit to the consumer’s place of residence or habitual residence, or during an excursion, it expires 30 days after the day on which you, or a third party other than the carrier and designated by you, take possession of the goods.
3. To exercise the right of withdrawal, you must inform ‘Nova’ Beata Kozicka at Wolska 34, 05-650 Chynów, or by email at sklep@brykacze.pl, of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or email).
4. You may use the model withdrawal form, but this is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period expires.
6. If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event no later than 14 days after the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will make the reimbursement using the same payment methods that you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods or you have provided evidence of having sent them back, whichever occurs first.
7. Please send back or hand over the goods to us without undue delay, and in any event no later than 14 days after the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods back before the 14-day period expires.
8. You will have to bear the direct cost of returning the goods.
9. You are only liable for any diminished value of the goods resulting from handling them other than as necessary to establish their nature, characteristics and functioning.

§ 9 Provisions concerning business customers

1. The provisions set out in § 7 and § 8 of these Terms and Conditions do not apply to a Customer who is neither a consumer nor a natural person concluding a contract directly related to their business activity where the contract indicates that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions concerning the Central Registration and Information on Business.
2. In the case of business customers to whom consumer law does not apply, the Store’s liability for failure to perform or improper performance of an obligation (Article 471 of the Civil Code and subsequent provisions) is excluded, except for damage caused intentionally by the Store. Under Article 558 § 1 of the Civil Code, the provisions on statutory liability for defects are excluded.

§ 10 Website service

1. The website service means the system of web pages, together with IT equipment and software, made available at www.brykacze.pl, which enables the Buyer to view goods (products) and promotions and conclude a sales contract. The website service is operated by the company ‘NOVA’ Beata Kozicka, ul. Dębowa 4, Jazgarzewszczyzna, postal address 05-501 Piaseczno, NIP 123-036-22-56, REGON 017323721, hereinafter referred to as the Service Provider. The correspondence address is Wolska 34, 05-650 Chynów.
2. A User means a user of the website service who is interested in receiving information about promotions and new products (the newsletter), maintaining an Account in the Store, or concluding a sales contract.
3. The User has the right to submit a complaint about irregularities in the provision of services through the website service. If the User identifies errors, faults or other irregularities in services provided through the website service, the User may submit a complaint by email to reklamacje@brykacze.pl or in writing to the correspondence address. A complaint concerning the Website Service should include the User’s first name and surname, email address and postal address, together with a description of the problem giving rise to the complaint. The complaint will be considered within 14 days.
4. If the user of the IT System is a consumer or a natural person concluding a contract directly related to their business activity where the contract indicates that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions concerning the Central Registration and Information on Business, they have the right to withdraw from the contract for the provision of the Service concluded under these Terms and Conditions by sending a written statement by email or post to the Service Provider within 14 days of the conclusion of the Contract. The User is not required to give a reason for withdrawal. To meet the withdrawal deadline, it is sufficient for a User who is a consumer to send information concerning the exercise of their right of withdrawal before the withdrawal period expires.
5. Regardless of the right of withdrawal, the User may discontinue the service at any time without incurring any costs. To do so, the User must submit a written statement (a letter sent by post or email) to the Service Provider.
6. To place an order with the Seller, the User may register by creating a new account on the Store’s home page using the ‘Register/Log in’ option. An order may also be placed without registration or creating an account by completing the order form.
7. Registering a new account requires personal details to be provided, namely first name, surname, home address, delivery address, telephone number and a password.
8. To place an order without creating an account, the same details as those referred to in the preceding sentence must be provided.
9. Creating an Account is entirely voluntary and depends on the Service Recipient’s wishes.
10. An Account gives the Service Recipient additional options, such as viewing the history of orders placed by the Service Recipient in the Store, checking order status and editing their own details.
11. When an Account is created, a contract for maintaining the Account is concluded between the Service Recipient and the Service Provider for an indefinite period on the terms set out in these Terms and Conditions.
12. To receive the newsletter, you must enter your email address in the ‘enter your email’ box below ‘Sign up for the newsletter!’. Providing your email address, ticking the ‘I accept the terms and conditions’ box and proceeding constitutes consent to:
a. the processing of my personal data for the purpose of sending the newsletter, i.e. sending commercial and marketing information from the Service Provider;
b. the sending of commercial information by electronic means of communication in accordance with Article 10 of the Act of 18 July 2002 on the Provision of Services by Electronic Means.
13. To unsubscribe from the newsletter, the user should click the unsubscribe button in any newsletter sent by us.

§ 11 Warranty

1. For goods covered by a manufacturer’s warranty, the Customer may exercise warranty rights directly with the manufacturer of the product. The addresses of authorised service centres can be found on the manufacturer’s website and in the product’s warranty document.
2. The warranty terms, i.e. the customer’s rights and obligations, are specified by the manufacturer in the warranty document, if a warranty has been granted.

§ 12 Final provisions

1. Matters not governed by these Terms and Conditions are subject to the Consumer Rights Act of 30 May 2014, the Civil Code and specific statutory provisions, including the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text: Journal of Laws of 2019, item 123, as amended) and the Personal Data Protection Act of 10 May 2018 (Journal of Laws, item 1000, as amended).
2. The current Terms and Conditions are published on the Store’s website and are provided to the Customer free of charge (electronically) upon every request. Contracts concluded before a change to the Terms and Conditions are governed by the version in force on the date the Customer placed the Order.
3. All rights reserved. Copying materials, photographs and logos used in the Online Store without the Store’s consent is prohibited.
4. The court with jurisdiction over the Seller’s registered office shall have jurisdiction to hear all disputes. The preceding sentence does not apply to disputes where a party to the contract is a Buyer who is a consumer or a natural person concluding a contract directly related to their business activity where the contract indicates that it is not of a professional nature for that person, as determined in particular by the scope of their business activity made available under the provisions concerning the Central Registration and Information on Business.