Regulations of BMCars.pl online store

Table of Contents:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING A SALES CONTRACT
4. WAYS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, WAYS AND TERM OF DELIVERY AND COLLECTION OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND THE RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PERSONAL DATA IN THE ONLINE STORE
11. FINAL PROVISIONS

The online store www.bmcars.pl cares about consumer rights. The consumer may not waive the rights granted to him in the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1 The Online Store available at the Internet address www.bmcars.pl is operated by BMW BM Cars Service 4 Krzemienna Street Katowice 40-513. BM Cars brand is owned by BM Service 4 Krzemienna Street Katowice 40-513 NIP: 9542793125, Regon: 38042102300000, e-mail address: [email protected], telephone number: 48 579 068 701.

1.(2) These Regulations are addressed to both consumers and businesses using the Online Store (with the exception of pt. 11 of the Regulations, which is addressed exclusively to entrepreneurs).

1.(3) The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, to the extent and based on the principles indicated in the Regulations of the Online Store. Provision of personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

1.4 Definitions:

1.4.1. BUSINESS DAY – one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.

1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, Item 93 as amended).

1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are stored.

1.4.7 NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions in the Online Store.

1.4.8.1 PRODUCT – a movable item available at the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.8.2 VIRTUAL PRODUCT – a service available at the Online Store, in the form of preparing and providing the Customer with technical advice on his/her car. The service may be performed at the time specified in the description of the Virtual Product or performed live during a telephone/video conversation with the customer.

1.4.9. TERMS AND CONDITIONS – these rules and regulations of the Online Store.

1.4.10. INTERNET SHOP – Service Provider’s online store available at the following web address: https://bmcars.net/sklep/.

1.4.11. SELLER; SERVICE PROVIDER – BM Serwis ul. Krzemienna 4 Katowice 40-513 NIP: 9542793125, Regon: 38042102300000, e-mail address: [email protected].

1.4.12. CONTRACT OF SALE – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Store.

1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store.

1.4.14. SERVICE PROVIDER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.

1.4.15. CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

1.4.16. ORDER – the Customer’s statement of intent made via the Order Form and aimed 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 use of an Account is possible after the Customer performs a total of three consecutive steps – (1) completing the Registration Form, (2) clicking the “Create Account” field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form the Client is required to provide the following data: first and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.

2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: BM Serwis ul. Krzemienna 4 Katowice 40-513.

2.1.2 Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “Order with obligation to pay” box on the Web Store page after completing the Order Form – Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, 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 company name and Tax Identification Number.

2.1.2.1. The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the time of placing an Order through it or at the time of earlier termination of placing an Order through it by the Customer.

2.1.3 Newsletter – using the Newsletter is possible after providing in the “Newsletter” tab visible on the website of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account – the moment the Account is created, the Customer is signed up for the Newsletter.

2.1.3.1 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: BM Serwis ul. Krzemienna 4 Katowice 40-513.

2.(2) Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in the web browser.

2.(3) The Customer is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.

2.4 Complaint procedure:

2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points. 6 and 7 of the Terms and Conditions), the Customer may submit, for example:

2.4.2. in writing to the address: BM Serwis ul. Krzemienna 4 Katowice 40-513;

2.4.3. in electronic form via e-mail to: [email protected];

2.4.4. it is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.5 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. TERMS AND CONDITIONS OF CONCLUDING A CONTRACT OF SALE

3.(1) The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.

3.(2) The price of the Product shown on the website of the Online Store is given in Polish zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client’s will to be bound by the Sales Agreement.

3.3 Procedure for concluding a Sales Agreement on the Online Store using the Order Form

3.3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.

3.3.2 After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending 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 statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.3.3 In the event that after placing an Order it turns out that the product is unavailable, the Seller shall immediately, but no later than within 14 days from the date of placing the Order by the Customer, inform the Customer of this fact and return the amount paid by the Customer.

3.(4) The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in item. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the computer system of the Seller’s Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.(1) The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:

4.1.1 Payment on delivery upon receipt of the shipment.

4.1.2 Payment in cash upon personal collection.

4.1.3 Payment through payment gateways – imoje, Twisto, Przelewy24, Stripe.

4.2 Payment term:

4.2.1 If the Customer chooses payment in cash upon personal collection, payment by bank transfer, electronic payment or payment by credit card, the Customer shall be obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.

4.2.2 If the Customer chooses cash on delivery, the Customer shall be obliged to make payment upon receipt of the shipment.

5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. delivery of the Product is available in the territory of the Republic of Poland.

5.2. delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop in the “Delivery Costs” tab and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

5.(3) Personal collection of the Product by the Customer is free of charge.

5.4. the Seller shall make available to the Customer the following methods of delivery or collection of the Product:

5.4.1. courier delivery.

5.4.2. Personal collection available at: BM Serwis sp. z o.o. 4 Krzemienna St. Katowice 40-513 – Mon-Fri from 07:00 to 17:00, Sat 9-13.

5.(5) The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a different deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery terms, the delivery term is the longest specified term, which, however, cannot exceed 7 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:

5.5.1 In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.

5.5.2 In case the Customer chooses the payment method on delivery – from the date of conclusion of the Sales Agreement.

5.6. the date when the Product is ready for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter period is specified in the description of the Product or during the Order placement. In the case of Products with different readiness-to-collect dates, the readiness-to-collect date shall be the longest date specified, which, however, shall not exceed 2 Business Days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order. The beginning of the period of readiness of the Product for collection by the Customer is calculated as follows:

5.6.1 In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.

5.6.2 In case the Customer chooses the method of cash on delivery in person – from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINT

6.(1) The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code.

6.(2) The Seller shall deliver to the Customer the Product without defects. Detailed information on the Seller’s liability for a defect in the Product and the Customer’s rights are specified on the website of the Online Store in the “Product Complaint” tab.

6.(3) A complaint may be submitted by the Customer, for example:

6.3.1. in writing to the address: BM Serwis sp. z o.o. 4 Krzemienna St. Katowice 40-513;

6.3.2. in electronic form via e-mail to: biuro@bmcars.pl;

6.(4) It is recommended that the Client provide in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.(5) The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the aforementioned period means that the Seller has recognized the complaint as justified.

6.(6) If it is necessary for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights under the warranty to deliver the Product to the Seller, the Customer will be asked by the Seller to deliver the Product at the Seller’s expense to the address ul.Brzezińska 31 41-400 Mysłowice. However, if due to the nature of the defect, the type of the Product or the manner of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Product available to the Seller at the place where the Product is located, after agreeing the date.

6.(7) The request for delivery of the Product referred to in item. 6.6 of the Terms and Conditions shall not affect the running of the deadline for the Seller to respond to the Customer’s complaint, referred to in item. 6.5 of the Terms and Conditions, and does not affect the Customer’s right to demand from the Seller to disassemble the defective Product and reassemble the Product after a defect-free replacement or removal of the defect, as referred to in Art. 561[1] Civil Code.

7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.(1) Detailed information on the possibility for the Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.(2) The customer who is a consumer has the following examples of out-of-court ways of dealing with complaints and claims:

7.2.1 The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25 as amended) to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, No. 113, item 1214).

7.2.2 The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Commercial Inspection Act of December 15, 2000 (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Customer and the Seller. Information on the rules and procedures of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of the Trade Inspection.

7.2.3 The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address [email protected].

8. RIGHT OF WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)

8.(1) A consumer who has entered into a remote contract may withdraw from the contract within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract may be made, for example:

8.1.1. in writing to the address: BM Serwis sp. z o.o. 4 Krzemienna St. Katowice 40-513;

8.1.2. in electronic form via e-mail to: biuro@bmcars.pl;

8.2. a sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available on the website of the Online Shop in the “Withdrawal from the contract” tab. The consumer may use the model form, but it is not mandatory.

8.(3) The period for withdrawal from the contract begins:

8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;

8.3.2. for other contracts – from the date of conclusion of the contract.

8.(4) In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.

8.(5) The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.(6) The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: BM Technik sp. z o.o. 6/10d Staromiejska Street Katowice 40-013.

8.(7) The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the withdrawal by the consumer from the contract, which the consumer is obliged to bear:

8.8.1 If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2 The consumer shall bear the direct costs of returning the Product.

8.8.3 In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiration of 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 performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating the amount shall be the market value of the fulfilled performance.

8.(9) The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:

8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance by the Seller, he will lose the right to withdraw from the contract; (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 expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.(1) This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.

9.(2) The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

9.(3) In the case of non-consumer Customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.(4) At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.

9.(5) If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the liability of the carrier.

9.(6) In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product to the Customer who is not a consumer is excluded.

9.(7) In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a statement to the Service Recipient.

9.(8) The Service Provider’s/Seller’s liability to the Service Recipient/non-consumer Customer, regardless of its legal basis, is limited – both as a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.

9.(9) Any disputes arising between the Vendor/Service Provider and the Customer/non-consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. PERSONAL DATA IN THE ONLINE STORE

10.(1) The administrator of the personal data of Service Recipients/Customers collected through the Online Store is the Seller.

10.(2) Personal data of Service Recipients/Customers collected by the administrator via the Online Store are collected – in accordance with the will of the Service Recipient/Customer – for the purpose of executing the Sales Agreement or the agreement for the provision of Electronic Services.

10.3.3 Possible recipients of personal data of Customers of the Online Store:

10.3.1 In the case of a Customer who uses the method of delivery by mail or courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.

10.3.2 In the case of a Customer who uses the method of electronic or credit card payment in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

10.(4) The recipient/customer has the right to access the content of his/her data and to correct them. A request in this regard may be made, for example:

10.4.1. in writing to the address: BM Serwis sp. z o.o. 4 Krzemienna St. Katowice 40-513;

10.4.2. in electronic form via e-mail to: [email protected]

10.5. providing personal data is voluntary, although failure to provide personal data indicated in the Regulations necessary to conclude an Agreement of Sale or agreement for the provision of Electronic Services results in the inability to conclude such an agreement. The data necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services are also indicated each time on the website of the Online Store before concluding a given agreement.

10.6 Transmission of your personal data to ING Bank Śląski S.A. (“Bank”) in connection with:

• provision by the Bank to the Online Store of the service of making available the infrastructure for handling payments over the Internet (legal basis: Article 6(1)(f) of the Regulation).
• the Bank’s handling and settlement of payments made by customers of the Online Store over the Internet using payment instruments (legal basis: Article 6(1)(f) of the Regulation).
• in order for the Bank to verify the proper execution of contracts concluded with the Online Store, in particular to ensure the protection of the interests of payers in connection with complaints filed by them (legal basis: Article 6(1)(f) of the Regulation).
  transfer of your personal data to Twisto Polska Sp. z o.o. in connection with the possibility of Twisto Polska Sp. z o.o. offering to make payment for the purchased goods or services within the framework of an order agreement including the “Buy with Twisto” shopping formula and making this shopping formula available by the Internet Shop, as well as for the purpose of Twisto Polska Sp. z o.o. verifying the proper execution of such order agreements (legal basis: art. 6 section 1 letter f) of the Regulation).

10.(7) In connection with the processing of personal data for the purposes specified in Section 10.6, your personal data may be made available by the Online Store to other recipients or categories of recipients of personal data, which may be:

• ING Bank Śląski S.A.
• Twisto Polska sp. z o.o.
• PayPro S.A.
• Stripe

10.(8) If you provide your personal data in order to conclude a contract with the Online Store, providing your personal data is a condition for concluding this Contract. The provision of personal data in this situation is voluntary, but the consequence of not providing such data will be the inability to conclude a contract with the Online Store.

If you provide your personal data in order to transfer your personal data to Twisto Polska sp. z o.o. before concluding a contract of sale of goods (or services) purchased in the Online Store, the transfer of these data is a condition for concluding a sales agreement in connection with the business model of conducting business adopted by the Online Store.

In the case of transfer of your personal data to the Bank in connection with the processing and settlement of payments made by you to the Online Store via the Internet using payment instruments, the provision of data is required in order to process the payment and provide confirmation of its execution by the Bank to the Online Store.

In the case of transfer of your personal data to the Bank in order for the Bank to verify the proper performance of the agreements concluded with the Online Store, in particular to ensure the protection of the interests of the payers in connection with their complaints, the provision of such data is required to enable the execution of the agreement concluded between the Online Store and the Bank.

In case of transferring your personal data to Twisto Polska sp. z o.o. in connection with the possibility of offering you to pay the price for the goods or services purchased by you by Twisto Polska sp. z o.o. within the framework of an order contract including a purchase formula “Buy with Twisto” and making this formula available by the Internet Shop, providing these data and processing them for this purpose is required in connection with the business model of running the business adopted by the Internet Shop and for the purpose of executing the contract concluded between the Internet Shop and Twisto Polska Sp. z o.o.

10.9 The customer’s email address is made available to Atom Tomasz Liebich in order to automatically generate points for the loyalty program “Customer Club”. Each customer may optionally create an account in the “Customer Club” service and thanks to it use the collected points for discounts or purchase of products and services.

11. FINAL PROVISIONS

11.(1) Contracts concluded through the Online Store shall be concluded in the Polish language.

11.2.2 Change of Terms and Conditions:

11.2.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in laws; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

11.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services – Account), the amended Terms and Conditions shall be binding on the Service Recipient, if the requirements set forth in Articles 384 and 384 have been observed[1] Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment of the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

11.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the amendments to the Terms and Conditions shall in no way affect the acquired rights of Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.

11.(3) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of common law.