of the online shop Becker Polska Sp. z o.o
The following conditions of sale (further: “Rules”) apply to agreements executed through the Online Shop sklep.becker-polska.com.pl (further: “Shop”) by the company Becker Polska Sp. z o.o., with its registered office in Pianowo (further: “Company”), unless arrangements to the contrary have been made between the contractual parties (i.e. the Company and the Customer).
Different conditions of sale specified in orders or order forms are binding on the Company only if confirmed thereby in writing. Non-confirmation by the Company of terms and conditions of sale being different from those set out below causes those different conditions not to be binding on the Company, even if the Company did not explicitly object to their content.
I. GENERAL INFORMATION
1. The Shop is owned by the Company Becker Polska Sp. z o.o., with its registered office in Pianowo 46, 64-000 Kościan, Poland, tax identification number NIP: 698-179-11-44, statistical number REGON: 300928900, registered under number KRS 0000313602 with the District Court for Poznań - Nowe Miasto and Wilda, 9th Commercial Department in Poznań, share capital: PLN 750,000, hereinafter referred to as the Company.
2. Any statements, notices, notifications, complaints and any correspondence should be sent using the following contact details:
- mailing address: Becker Polska Sp. z o.o., Pianowo 46, 64-000 Kościan, Poland,
- e-mail address: firstname.lastname@example.org,
- fax: +48 65 511 08 28,
or by way of the mechanisms and functionalities of the Shop’s website. Any additional information can be obtained by contacting the Shop by telephone at +48 65 511 41 70.
3. The Company is a party to the purchase agreement executed with the Customer and is showed on the VAT invoice as the seller of the products ordered by the Customer.
4. The Customer is a natural or legal person or an unincorporated organisational unit, carrying out ongoing business activity, who has completed the Shop’s registration form or filed an order form with the Shop (further: “Customer”).
5. Orders can be placed with the Shop only by persons of full age, who have full legal capacity.
6. Preliminary identification of the entity placing an order as a Customer is made by checking thereby the option “Business entity” (Firma) in the order form.
7. The Shop sells goods on the Internet.
8. References to written form are also deemed to be references to electronic form, i.e. fax or e-mail.
II. SHOP’S OFFER
1. Announcements, advertisements, price lists and other information provided by the Shop addressed to everyone or to particular persons are not meant in the case of doubt to be an offer, but an invitation to enter into an agreement. Any oral arrangements, or any amendments or supplements thereto, or order cancellations must be confirmed by the Company in writing, otherwise being null and void. The order subject, scope, performance deadline, and product dispatch date are specified based on a written confirmation of the order by the Company. A written confirmation of the order by the Company is deemed to be a documented agreement between the Company and the Customer. Any additional arrangements and changes in the conditions of sale must be made in writing, otherwise being null and void.
2. The Shop’s offer is available in Poland.
3. Products available in the Shop are brand new, free from defects and are introduced to trading on the Polish market in accordance with the law. Together with delivery of the products ordered, the Shop delivers all the necessary documents connected with the item being sold, including - where necessary for an appropriate use of the item in accordance with its intended use - appropriate user, maintenance and repair manuals in Polish as well as any requisite explanations concerning the item usage.
4. The Shop reserves the right to cancel or limit part of its offer, to organise and cancel promotional actions and to change the product stock and prices without giving reasons. Once an order has been confirmed by the Shop, the cancellation of a promotional action or the change of the product stock or prices by the Shop does not affect the Customers’ orders having been placed for products covered by the promotional action applicable as at the order placement date.
5. The Shop makes every effort to ensure that the product photographs and descriptions showed therein conform to actual product features.
III. PLACING AND PERFORMING ORDERS. PRODUCT AVAILABILITY. PAYMENTS
III.1. INFORMATION ABOUT PRODUCTS FURNISHED BY THE SHOP BEFORE AGREEMENT IS CONCLUDED
1. The Shop makes its best efforts to clearly and understandably inform the Customer - at the latest upon the Customer expressing his intent to enter into an agreement through the Shop, unless such information arises directly from the circumstances - about the main features of the products offered, the total purchase price inclusive of the taxes or potentially about the tax calculation method, about fees for delivery, postal services as well as about other costs, and where their amounts cannot be determined - about the obligation to pay the same, the order performance method and deadline, and the complaint handling procedure.
2. Moreover, the Shop makes every effort to ensure that the Customer receives, prior to execution of an agreement, clear and understandable information sufficient for correct and full usage of the item being sold. In particular, at the stage of choosing products for the Shopping Cart, the Shop presents information about the type of the product offered, including by way of indicating its manufacturer or importer, safety mark and certification mark required under separate regulations, information about being introduced to trading in the Republic of Poland, and - as appropriate for the product type - indication of its energy consumption, as well as other details required under separate applicable legal regulations.
3. The Shop makes its best efforts to furnish the Customer, before he enters into an agreement, with exhaustive information about the actual and legal relationships applicable to the goods offered.
4. In the case of any doubt about the scope of information referred to in points 1-3 above, at the Customer’s written request made before an agreement is executed, the Shop will provide all the necessary explanations.
III.2. PLACING AND PERFORMING ORDERS
1. Orders are accepted by the Shop on a first come, first served basis. Orders can be placed 24 hours per day, through the entire year. Orders placed on weekdays after 16:00 on Saturdays, Sundays and on bank holidays will be handled on the next business day.
2. Orders are deemed valid only when the order form is correctly completed by the Customer and sent to the Company via the mechanisms contained on the Shop's website. An agreement is deemed executed upon the Customer being given the Shop’s written confirmation of the order.
3. An order is performed by the Shop by way of the following consecutive actions:
- A Customer places a written order with the Shop. A condition for placing an order with the Shop is completion of an order form available on the Shop’s website and approval of the conditions and delivery costs contained therein.
- The Shop reviews the order, which covers checking completeness of the Customer's data given in the order form and checking the availability of the products ordered by the Customer, following which it sends an order acceptance confirmation to the e-mail address indicated by the Customer in the order form, in which it specifies the order performance period (i.e. the number of days from the Customer’s payment being received) and product dispatch time, as well as the payment method and deadline.
- The Shop reserves the right to refuse to perform an order that contains incomplete Customer’s data, e.g. incorrect mailing address or e-mail address, required to carry out the order, about which fact the Shop will inform the Customer in writing by e-mail sent to the address provided in the order form.
- Using the available payment methods specified in point IV of the Rules, the Customer makes a full payment (pays the entire price) for the goods chosen and their delivery within 7 days of the order being confirmed by the Shop.
- The Shop verifies without delay the Customer’s payment. Once the payment receipt is confirmed, the Shop starts to perform the order.
- Upon confirmation of the receipt on the Company’s bank account of payment for the goods ordered and their delivery, or upon credit card authorization, the Customer receives a written notice about the Shop’s acceptance of the order for performance.
If the Shop does not find the Customer’s payment for the goods ordered and their delivery (lack of incoming payment to the Shop’s bank account or refusal of credit card authorization) within 7 days from the order confirmation by the Shop, this will cause cancellation of the order, about which fact the Shop will inform the Customer in writing without delay.
- If a larger number of orders is placed at the same time, they will be handled in the chronological order of being received by the Shop. The Customer will be informed without delay in writing about potential changes in performance of the order, in particular about the goods being out of stock.
4. The Customer may request the Shop to change his order only until the Shop sends out a written order acceptance confirmation. The Customer may also cancel his order before it is confirmed in writing by the Shop. The Customer’s order cancellation statement must be made in writing.
5. Orders that are not paid for within 7 business days from being placed will be deemed cancelled and will not be carried out by the Shop, unless separate written arrangements are made between the Customer and the Company.
6. An average order performance time for the Shop is 1 to 10 business days from the payment being credited to the Company’s account in the case of products in stock, and up to 4 weeks from the payment being credited to the Company’s account in the case of products procured at the Customer’s special request.
7. Goods are delivered on business days by way of the shipping company DHL or can be collected personally by the Customer or sent at the Customer’s expense by the shipping company of his choice. Goods are deemed handed over upon being entrusted by the Shop with the carrier.
8. At the Customer’s written request, the ordered goods can be delivered on a Saturday. This service is available for an extra fee, on the conditions each time determined in writing with the Customer.
9. The Shop issues invoices for all the goods ordered. An invoice for the goods purchased is dispatched together with the goods.
10. In order to issue a VAT invoice for the Customer being a business entity within the meaning of the Business Entities Law of 6 March 2018 (Journal of Laws of 2018, item 646, as amended), the Customer should indicate in the form its full business name, address, and tax identification number NIP. While purchasing in the Shop, the Customer automatically consents to an invoice being issued without a signature.
11. In the case of a potential complaint, the Shop should be contacted in writing, with the complaint scope being given.
12. Before the delivery containing products ordered in the Shop is collected, the Customer should check the packaging in the courier’s presence. If the parcel shows signs of damage or of having been opened, it should not be accepted, but in the courier’s presence an appropriate report should be drawn up in accordance with the regulations of the shipping company delivering the goods. Otherwise, in particular if the report indicated in the preceding sentence is missing, complaints brought by Customers about the goods being damaged in transit will not be accepted by the Company.
13. Any delivery delays, non-compliance with the order, as well as losses occurred in transit should be reported by the Customer to the Shop in writing. If the delivery is delayed, the Customer may indicate an additional item hand-over deadline, and once it has passed ineffectively, he may rescind the agreement.
14. If the goods dispatched by the Shop are not collected by the Customer within the period showed in the order acceptance confirmation, the Customer will be charged with costs connected with returning the undelivered parcel. If the parcel is returned to the Shop and not collected by the Customer or if no new deadline for dispatch at the Customer’s expense is agreed on with the Customer, the parcel will be stored by the Shop for a period of three months from the goods being returned. Once this period has passed, the parcel content will be forfeited to the Shop’s benefit. The dispatch costs referred to in the first sentence of this paragraph, incurred by the Shop for the uncollected goods, together with the costs of storing such goods over the said three-month period plus the costs of bank transfers can be set off by the Shop against the price having been paid by the Customer. The remaining part of the price paid by the Customer for the goods ordered is subject to being returned to the Customer.
15. The minimum delivery fee is PLN 30 gross in the case of parcels weighing up to 30 kg and up to 1 m long. The costs of delivering larger or heavier parcels will be determined individually and the Customer will be informed about the actual delivery cost at the stage of placing the order. In the case of orders the total value of which exceeds PLN 500 gross, no delivery costs are charged.
16. The Customer may personally collect the ordered goods from the Company’s registered office, from Monday to Friday between 08:00 and 16:00, however he should notify the Shop in writing about his intent to personally collect the goods, by way of making an appropriate notice in the order form.
IV. PAYMENT METHODS
The Customer may make online payments by way of the PayPal platform, by credit card, or with cash in the Company’s registered office where the goods are collected personally.
V. RESCISSION OF THE AGREEMENT - RIGHT TO RESCIND THE AGREEMENT BY THE CUSTOMER
1. The Customer is entitled to rescind the agreement within 10 days from the ordered goods being handed over to him, without giving reasons. In such case, the Customer sends back the goods at his expense, together with a written statement of rescinding the agreement, to the Company’s address and receives the payment he made, to the bank account indicated by the Customer in the rescission statement, provided that the goods are in intact original packaging, show no signs of usage and have not been damaged. The costs of transporting the parcel to the Customer are non-returnable.
2. Within 3 business days from receiving the returned products, the Shop will send to the Customer an adjustment invoice - an original and its copy. The Customer should send back to the Shop without delay the signed copy of the adjustment invoice. Within 7 days from the adjustment invoice copy being received by the Shop, the Shop returns the price having been paid by the Customer, to the bank account indicated by the Customer.
3. The Company reserves the right not to accept the goods return where the goods show the signs of being used, their packaging was compromised and/or they were damaged.
VI. COMPLAINTS MADE BY CUSTOMERS AND LIABILITY TOWARDS CUSTOMERS FOR DEFECTS IN THE SOLD ITEM
1. Unless a special regulation or a separate contractual provision binding on the Shop and the Customer requires otherwise, the Shop is liable for defects in the sold item based on the implied warranty (rękojmia) for defects principle, in accordance with the Polish Civil Code of 23 April 1964 worded as at the date of the agreement being executed between the Shop and the Customer.
2. Complaints should be brought by the Customer in writing and should specify in detail the defect together with the Customer’s requests from the Shop, without delay after the defect is discovered, however no later than 7 days thereafter.
3. The Customer is obliged to examine without delay the products received and to notify the Shop in writing about the defects noticed in the products ordered.
4. Once a Customer's complaint is received, the Shop is allowed 14 days to examine and to respond to the same.
5. The Shop is not liable for damage to the ordered products occurring in transit. If the parcel is damaged, point III section 12 of these Rules applies.
1. The prices of products showed in the Shop are expressed in Polish zloty. The Shop shows the product net price and the gross price (i.e. inclusive of applicable VAT) being given in brackets. The price presented next to the given product is binding on the Customer at the time an order is being placed.
2. The applicable prices are inclusive of the costs of packaging and of insuring the products ordered.
3. The prices quoted on the Shop’s website are exclusive of the delivery costs, which depend on the product weight and order value. The delivery costs are determined individually with the Customer for each order, subject to point III section 15 of these Rules.
VIII. FINAL PROVISIONS
1. These Rules are a document specifying the principles of placing orders with the Shop. Each Customer is obliged to read these Rules and their provisions become binding on the Customer once an order is placed by him with the Shop.
2. The Company reserves the right to amend these Rules in full or in part at any time without giving a prior notice. The provisions of the Rules that were amended after the Customer had placed an order are not binding on him.
3. Opinions and inquiries about the Shop’s operation in terms of presentation of the products and performance of the orders should be sent to: email@example.com.
4. Matters that are not regulated in these Rules will be governed by the Polish Civil Code.
5. The Company Spółka Becker Polska Sp. z o.o., which manages the online Shop sklep.becker-polska.com.pl, is not liable for purchases made by third parties using the Customer’s account and password.