I. Definitions

Terms used shall mean:

  1. Customer – a natural person, a legal person or an organizational unit that is not a legal person but is granted legal capacity under special provisions who makes an order in the Store;
  2. A Consumer – pursuant to Article 22[1] of the Civil Code is a natural person concluding a legal transaction with an entrepreneur not directly related to its business or professional activity.
  3. The Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
  4. Terms of Sale – these Terms of Sale specifying general terms of sale and rules for the provision of electronic services in the framework of the Berendowicz&Kublin online store
  5. Online Store (Store) – the internet service available at sklep.berendowicz-kublin.pl, via which the Customer may place orders in particular;
  6. Products – products presented in the Online Store;
  7. Sales Contract – a contract for the sale of Products within the meaning of the Civil Code, concluded between Berendowicz & Kublin and the Customer, concluded using the Store’s website;
    the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
  8. The Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
  9. Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Contract, specifying in particular the type and quantity of the Products.

General provisions

  1. These Terms of Sale define the rules for using the online store available at www.sklep.berendowicz-kublin.pl.
  2. These Terms of Sale are the terms of sale referred to in Article 8 of the Act on provision of services by electronic means
  3. The Berendowicz&Kublin internet store functioning at www.sklep.berendowicz-kublin.pl is operated by Akademia Szkoleniowa B&K spółka jawna S. Kublin, M. Laskowski, ul. Plebiscytowa 14/1, Katowice 40-035, entered in the Register of Entrepreneurs of the National Court Register under number 0000253780, with the Polish tax identification number NIP 5472043120 and the statistical number REGON 240328312, hereinafter referred to as the Seller.
  4. These Terms of Sale specify in particular:
    • rules for registering and using the account in the Online Store;
    • terms and conditions for submitting orders electronically via the Online Store;
    • principles of concluding Sales Contracts using services provided as part of the Online Store.
  5. Using the online store is possible provided that the IT system used by the Customer meets the following minimum technical requirements: *****
  6. In order to use the online store, the Customer should have access to a computer or terminal device with access to the Internet.
  7. In accordance with applicable law, Berendowicz-Kublin reserves the right to limit the provision of services via the Online Store to persons over 18 years old. In this case, potential Customers will be notified of the above.
  8. Customers can access, download and print these Terms of Sale at any time via the link on the home page of sklep.berendowicz-kublin.pl.

III. Rules for using the Online Store;

  1. Registration on the Online Store is necessary. A Customer can not place an order without registering on the Store. Registration takes place by completing and accepting the registration form, available on one of the Store’s websites. The condition of registration is to agree to the content of the Terms of Sale and provide personal data marked as mandatory. Berendowicz-Kublin may deprive a Customer of the right to use the Online Store, as well as limit their access to some or all of the Online Store’s resources, with immediate effect, if the Customer violates the Terms of Sale, in particular when the Customer:
    • provides data that is not true, inaccurate or out-of-date, misleading or violating the rights of third parties during registration on the online store,
    • commits an infringement of personal rights of a third party through the online store, in particular the personal rights of other customers of the online store,
    • behaves in a way that will be recognized by Berendowicz-Kublin as conduct contrary to applicable law or general principles of using the Internet or harming the good name of Berendowicz-Kublin.
  2. In order to ensure the security of the transfer of messages and data in relation to the services provided within the framework of the store, the online store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorized collection and modification by unauthorized persons of personal data sent on the Internet.
  3. In particular, the Customer is obliged to:
    • use the Online Store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, provisions of the Terms of Sale, as well as the general principles of using the Internet.
    • not provide or forward content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
    • use the Online Store in a way that does not interfere with its operation, in particular through use of specific software or devices,
    • not take actions such as: sending or placing unsolicited commercial information (spam) as part of the Online Store,
    • use the Online Store in a way that is not inconvenient for other customers and for Berendowicz-Kublin
    • use any content posted on the Online Store only for own personal use,
  4. All content presented or placed in the Store, including, but not limited to: logos, icons, trademarks, texts, graphic designs, photographs, moving pictures, videos, images, sounds and software is the property of the Seller. All elements of the Store, in the overall design and content, may be protected by: copyrights, personal rights, rights to databases, trademark and other provisions pertaining to intellectual property rights. No part or element of the Store or its content may be copied or retransmitted in any way, except for actions resulting from this or any other contract with the Seller.
  5. The content presented in the Store is for information purposes only.

IV. The procedure of conclusion of the Sales Contract

  1. In order to conclude a Sales Contract via the Online Store, go to the website www.sklep.berendowicz-kublin.pl and select Products, taking further technical steps based on the messages displayed to the Customer and information available on the website.
  2. Customers select products to order by adding them to the shopping basket.
  3. When placing the Order – until the button confirming the Order placement is pressed – the Customer has the possibility to modify the entered data and the selected Products. To do this, follow the displayed messages and the information available on the website.
  4. After the Customer using the Online Store provides all the necessary data, an overview of the placed Order will be displayed. The overview of the Order will include, among others, a description of selected products or services, total price and all other costs.
  5. In order for the Order to be sent, it is necessary to accept the content of the Terms of Sale, provide personal data marked as mandatory and press the button confirming the submission of the Order.
  6. Information about the Products presented on the Store’s websites constitutes an offer within the meaning of Article 66 of the Civil Code. Sending the Order is a declaration of will to conclude a Sales Contract with Berendowicz-Kublin, in accordance with the Terms of Sale.
    The Contract is treated as concluded the moment the Customer’s Order is entered into the Online Store’s IT system, provided that the Order is in accordance with the Terms of Sale.
    After the conclusion of the contract, the Customer receives an e-mail confirming all essential elements of the Order.
  7. The sales contract is concluded in Polish, the text of which is in in accordance with the Terms of Sale.
  8. Customers can access, download and print these Terms of Sale at any time via the link on the home page of sklep.berendowicz-kublin.pl.

V. Delivery

  1. Before placing an order, the Customer will be informed about the planned date of its implementation, i.e. the delivery of the Products. Due to the nature of the Products offered in the Store, the Seller hereby informs you that the order may take up to *** days from the date of receipt of full payment or advance from the Customer.
  2. The delivery of the Products is limited to the territory of the Republic of Poland and takes place to the address indicated by the Customer while placing the Order.
  3. The delivery of the ordered Products is carried out through:
    • A courier company – delivery time of up to 48 business hours
      The cost of shipping is always included in the price of the products. Additional delivery costs will be indicated at the time of placing the order, if the customer selects additional services when placing the order.
  4. The delivery time is from 2 to 5 days depending on the form of transport chosen when placing the order in the store and counts from the day when the Store ships the order.
  5. Damage to the Product during delivery.
    In the case of consumer distance shopping, our Store always bears the risk of accidental damage or loss of products in transport. If the goods are delivered with obvious damage made during transport, we kindly ask you to report such defects to the supplier and contact us as soon as possible. A delay in submitting such a complaint or establishing contact has no consequences for your statutory claims and their satisfaction, in particular for your rights under statutory warranty for defects (point VIII of the Terms of Sale). Faster notification of damage during transport will help us help pursue our own claims against the carrier or transport insurer.
    In the case of a Customer who is not a Consumer: the risk of accidental damage or loss of the Products passes from the Online Store to the Buyer at the time of entrusting the Products to the carrier involved in the carriage of goods of a given type or the person or courier company designated by the Buyer.

VI. Prices and payment methods

  1. Product prices are given in Polish zloty and include all components, including VAT, customs and all other components.
  2. The Customer can pay:
    • by means of bank transfer
    • on delivery
    • using the PayU system

VII. Newsletter

  1. Pursuant to Article 8 (1)(1) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, item 1204, as amended) the seller sets the rules for the provision of electronic services, as well as conditions for concluding and terminating contracts for the provision of electronic services, below.
  2. The administrator of the information delivery service (Newsletter) is the Seller. The Newsletter service aims to provide the information requested. Services provided as part of the Newsletter are free.
  3. You can order the Newsletter Service by entering the Customer’s e-mail address in the Store in the “newsletter” tab.
  4. Ordering the Newsletter is tantamount to agreeing to receive additional commercial information. The commercial information sent will relate to commercial offers of the Seller and other entities.
  5. A Newsletter ordered in the form of an e-mail is sent to the e-mail address provided by the Customer. The Seller is the sole user of the e-mail address, and will not make it available to third parties.
  6. Using e-mail services is subject to having an active and correctly configured e-mail account.
  7. In order to register, the Customer should complete all fields marked with an asterisk as mandatory. The data entered in the form should relate to the Customer and be true.
  8. The Contract for provision of electronic services is concluded upon activation by the Customer of the Newsletter service. This Contract is concluded for an indefinite period. Each of the parties may terminate the Contract for provision of electronic services without giving reasons and immediately
  9. The store terminates the Contract for provision of the Newsletter by deleting the Customer’s e-mail address from the Newsletter database. The Customer terminates the Contract for provision of the Newsletter by sending an e-mail to the address provided in the Newsletter footer. The account removal request should be sent from the email address you used to register. An e-mail confirming that the e-mail address was deleted from the Newsletter database will be sent to the Customer.
  10. The Seller is not responsible for lack of access to the Newsletter resulting from reasons beyond their control.
  11. The Seller reserves the right to a short technical break in the functioning of the Newsletter registration page in the event of planned, ongoing maintenance of the server and software.

VIII. The right to withdraw from the contract

Only a Customer who is a Consumer has 14 days to withdraw from this contract without giving any reasons. The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item.

In order to exercise your right to withdraw from the Contract you need to inform Akademia Szkoleniowa B&K spółka jawna S. Kublin, M. Laskowski, ul. Plebiscytowa 14/1, Katowice, postcode 40-035, phone no *** of your decision to withdraw from this contract by way of an unambiguous statement (for example, a letter sent by post, fax or e-mail). You can use the withdrawal form template, but it is not mandatory.

Only a Customer who is a Consumer has 14 days to withdraw from the contract. Pursuant to Article 22(1) of the Civil Code a Consumer is a natural person concluding a legal transaction with an entrepreneur not directly related to its business or professional activity.

To keep the deadline for withdrawal from the contract, it is enough for you to send information regarding exercising your right to withdraw from the contract before the deadline.

Consequences of withdrawing from the Contract
If you withdraw from this contract, we will refund all payments received from you, including the cost of delivery (with the exception of additional costs resulting from the method of delivery chosen by you other than the cheapest usual delivery method offered by us), immediately, and in any case not later than 14 days from the date on which we were informed of your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have explicitly agreed to a different solution; in any case, you will not incur any fees in connection with this return. We can withhold the return of the payment until receipt of the item or until proof of its return is provided to us, depending on which event occurs first.

Please send or return the item to us immediately, and in any event not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the deadline of 14 days. You will have to bear the direct cost of returning the items. You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the items.

WITHDRAWAL FROM CONTRACT FORM TEMPLATE
(this form should be filled in and returned only if you wish to withdraw from the Contract)

  • Recipient Akademia Szkoleniowa B&K spółka jawna S. Kublin, M. Laskowski, ul. Plebiscytowa 14/1, Katowice 40-035
  • I/we (*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items (*) contract for the delivery of the following items(*) contract for work consisting of the following undertaking(s) (*)/for provision of the following service( *)
  • Date of conclusion of the contract(*)/receipt(*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only if the form is sent in paper version)
  • Date

(*) Delete as applicable.

IX. Limitation of the right to withdraw from the contract

Pursuant to Article 38. of the Act of May 30, 2014 on consumer rights, the right to withdraw from a contract concluded away from the business premises or remotely does not apply to a consumer in relation to contracts where the subject of the service is an item delivered in a sealed package, which may not be returned after opening due to health or hygiene reasons, if the package was opened after delivery.

X. Complaints regarding the Products

Applies to a Customer who is a Consumer:
We are obliged to deliver products free from defects. The statutory liability law for defects in sold goods (warranty for defects) applies to the extent specified in Article 556 and Article 556 [1] -556 [3] and subsequent of the Civil Code.

Complaints can be submitted:

  • in writing to: Akademia Szkoleniowa B&K spółka jawna S. Kublin, M. Laskowski, ul. Plebiscytowa 14/1, Katowice, postcode 40-035
  • by e-mail to: ***

In the case of exercising the rights under the warranty – if we deem it necessary to consider the complaint, you are obliged, at our expense, to deliver the defective product to the above-mentioned postal address. If, due to the type of product or the method of its installation, the delivery of the product would be excessively difficult, you must make it available to us in the place where it is located. We undertake to respond to the complaint promptly, no later than within 14 days from the date of its submission.

We are responsible for the warranty if a physical defect is found before the expiration of two years from the date of delivery of products to you. If the object of sale is a used movable item, the liability under the warranty is one year from the date of its handover.

In a complaint it is recommended that you (1) provide information on the subject of the complaint, in particular the type and date of the emergence of the defect; (2) specify your demand regarding the method of removing the defect (replacement of the product with a new one, repairing the product, reduction of price, withdrawal from the contract – if the defect is significant); and (3) provide contact details of the complaining party – this will facilitate and accelerate the complaint handling process by the Store. The recommendations specified in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of complaints submitted without taking them into account.

Applies to a Customer who is not a Consumer:
In the case of a Sales Contract concluded with a Customer who is not a Consumer, pursuant to Article 558(1) of the Civil Code, the liability of the Online Store under the warranty for defects of the Products is excluded. This exclusion is ineffective in the case of fraudulent concealment by us.

XI. Additional guarantees when selling Products in the Store

Berendowicz-Kublin is not a producer of the Products and does not provide any additional warranty for the products sold. The producer may be responsible for the warranty for the Products sold on the terms and for the period indicated in the warranty card. If the guarantee document provides for such a possibility, the Customer may also submit their claims under the guarantee directly to an authorized service center whose address is included in the warranty card. The warranty does not exclude, limit or suspend the Customer’s rights under the provisions of the warranty for defects in the item sold.

XII. Complaints regarding the provision of services by electronic means

  1. Berendowicz-Kublin undertakes actions to ensure the fully correct operation of the Online Store, to the extent that results from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
  2. A Customer may notify us of any irregularities or interruptions in the functioning of the Online Store. Irregularities related to the functioning of the Store should be reported electronically to the following email address: ***
  3. In complaints regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of occurrence of the irregularity.
  4. We undertake to respond to the complaint promptly, no later than within 14 days from the date of its submission.

XIII. Out-of-court ways to handle complaints and claim damages

  1. Please be advised that there are opportunities to use extrajudicial ways to deal with complaints and redress. Making use of them is voluntary and can only take place if both parties to the dispute agree.
    • The Consumer may apply for initiation of proceedings for an out-of-court resolution of consumer disputes regarding the concluded Sales Contract to the Trade Inspectorate, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspectorate (Journal of Laws 2001 No. 4, item 25, as amended).
    • A Consumer may also submit a request for recognition of a dispute regarding a concluded Sales Contract by a permanent arbitration court operating at the relevant voivodeship inspectorate of the Trade Inspectorate, pursuant to Article 37 of the Act of 15 December 2000 on the Trade Inspectorate (Journal of Laws 2001 No. 4, item 25, as amended).
    • The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (the ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
  2. Detailed information on settlement of consumer disputes, including the Consumer’s options for handling complaints and claiming damages out-of-court and access rules to these procedures, are available at the headquarters and on the websites of the voivodeship inspectorates of the Trade Inspection and at the following Internet address: https://uokik.gov.pl/spory_konsumenckie.php.

XIV. Final Provisions

  1. The competent court for resolving disputes with Consumers is the court of territorial jurisdiction according to the applicable provisions of the Code of Civil Procedure.
  2. Settlement of any disputes arising between Berendowicz-Kublin and a Customer who is not a Consumer will be handled by a court of jurisdiction over our registered office.
  3. In matters not covered by these Terms of Sale, the provisions of the applicable law shall apply, in particular the provisions of the Act of 23 April 1964 on the Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). In the event of any inconsistency of these Terms of Sale with the rights of customers and provisions resulting from generally applicable provisions, generally applicable provisions of the Polish law apply.
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