Online Store Terms and Conditions

These Terms and Conditions contain the rules for the operation of the store www.benetch.poland.pl. You will find here, in particular, information on the rules for placing an order, the offer, the right to withdraw from the contract, and liability for non-conformity of the goods with the contract.

§1

Definitions

1. Store – the online store located at https://benetech-poland.pl/.
2. Seller – Artur Rosa conducting business activity under the name Benetech Poland Artur Rosa with its registered office in Kalisz (62-800) at ul. Wrocławska no. 35-37, entered into the Central Register and Information on Economic Activity, NIP: 6182090117, REGON: 366662341, e-mail address: biuro@benetechpoland.pl, tel. no. +48 725 652 680.
3. Customer – a natural person, a legal person or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, placing an order within the Store and making purchases through the Store.
4. Consumer – a natural person concluding a contract with the Seller, the subject of which is not directly related to their business or professional activity.
5. Entrepreneur with consumer rights - a natural person running a sole proprietorship concluding a contract directly related to their business activity, if it follows from the content of this contract that it does not have a professional character for them.
6. Account – the Customer's account established on the Store's internet platform, enabling access to purchased services and goods.
7. Sales Agreement - a contract for the sale of Goods concluded between the Seller and the Customer via the Store.
8. Goods – a physical item that is the subject of sale in the Store.
9. Seller's Data – the Seller's contact details, in particular data for complaints and returns: Benetech Poland Artur Rosa, ul. Wrocławska no. 35-37, 62-800 Kalisz, e-mail address: biuro@benetechpoland.pl, tel. no. +48 725 652 680.
10. User – a Customer or a recipient of services provided by the Seller.

§2

Introductory provisions

1. These regulations define the rules for using the Store and the rules and procedure for concluding distance sales contracts via the Store.
2. The Regulations are available continuously on the Store's website in a manner that allows them to be downloaded, reproduced, and their content recorded by printing or saving on a medium at any time.
3. Making purchases in the Store requires access to a computer or mobile device with Internet access, a standard operating system, access to a web browser that supports JavaScript and necessary cookies, as well as electronic mail. Furthermore, to make purchases, it is required to complete the order process during which it is necessary to provide data necessary for the fulfillment of the order.
4. If the Seller offers digital content or services, and their use would require meeting additional technical conditions, these conditions are indicated in the description of these products in the Store.
5. In the event of an announcement of a reduction in the price of goods, the Seller informs about the lowest price from the period of 30 days before the price reduction, in accordance with Art. 4 sec. 2 of the Act of May 9, 2014, on informing about the prices of goods and services.
6. The specificity of each Product and its characteristic features are found in the Product descriptions in the Store.
7. Sending illegal content via contact forms is prohibited.

§3

Making purchases in the Store

1. The Customer can make purchases in the Store after logging into the customer account or without registration.
2. The gross price of the goods including VAT is given on the Store's website. Prices of goods do not include delivery costs, which are indicated each time in the process of placing an Order.
3. Orders via the Store can be placed 7 days a week, 24 hours a day, all year round. Working days within the meaning of these Regulations are considered all days of the week from Monday to Friday, excluding statutory holidays.
4. Information about goods provided on the Store's websites, in particular their descriptions, technical and utility parameters, and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code.
5. After selecting the Goods, in order to make a purchase, the Customer should take subsequent steps in accordance with the messages displayed on the Store's pages. If you have a discount code, the customer has the option to enter it in the basket or during the ordering process. The Customer can then recalculate the basket costs and proceed to payment.
6. In order to place an order, it is necessary for the Customer to provide data marked as mandatory in the forms. Until the button finishing the order is clicked, the Customer has the possibility to modify the order or the provided data.
7. In order to finalize the order, it is necessary for the Customer to place an order by clicking the button ending the order "Order with obligation to pay" on the order summary page. Placing an order requires prior adding goods to the basket, completing the data and giving the required consents, including acceptance of the regulations.
8. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution occurs by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the ordering process, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
9. The recording, securing, and making available to the Customer of the content of the concluded Sales Agreement occurs by making these Regulations available on the Online Store's website and sending the Customer an e-mail message. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
10. The Seller reserves the right to suspend the execution of the order in case of reasonable doubts as to the truthfulness and reliability of the data entered by the Customer in the registration form. In such a situation, the store will immediately contact the Customer.

§4

Delivery and payments

1. Delivery of Goods is available within the territory of the Republic of Poland.
2. The Customer has a choice of delivery forms indicated in the order process, i.e.:
   1)     personal pickup at the Seller's seat,
   2)     delivery by courier,
   3)     delivery to a Parcel Locker (Paczkomat).
3. Delivery of Goods to the Customer is paid in case the Goods require physical shipment, unless the sales agreement provides otherwise. Delivery costs of the Goods (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's websites in the information tab regarding delivery costs and during the placement of the Order, including also at the time of the Customer's expression of will to be bound by the Sales Agreement. In justified cases, the Store may send several separate shipments within one order without the Customer incurring additional costs.
4. The delivery time of the Goods to the Customer is up to 5[OD1] business days, unless another deadline is specified in the description of a given Product or during the placement of the Order. In the event that the ordered Goods have different delivery times, the deadline provided for the Product with the longest delivery time applies.
5. Payment forms available in the ordering process are honored in the Store, covering in particular traditional bank transfer and electronic payments.
6. The Seller provides the Customer with the following payment methods under the Sales Agreement:
   1)     payment on delivery,
   2)     payment by traditional transfer to the Seller's bank account,
   3)     via the Autopay transaction system.
7. In case of selection by the Customer of payment by transfer or electronic payments, the Customer is obliged to make the payment within 2 business days from the date of conclusion of the Sales Agreement. After this deadline, the order may be cancelled.
8. The Customer has the possibility to pick up the ordered goods personally at the Seller's seat, at the address Benetech Poland Artur Rosa, ul. Wrocławska no. 35-37, 62-800 Kalisz, on business days from Monday to Friday from 7:30 to 16:00.
9. The Customer agrees to send the invoice in electronic form.

§5

Non-conformity of goods with the agreement; complaints

1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a defect, are defined by generally applicable laws, in particular the Consumer Rights Act.
2. The Seller hereby informs about the entrepreneur's liability provided by law for the compliance of the performance with the contract. The Consumer has the right to use the warranty, if it has been granted.
3. Before filing a complaint and sending the Product to the Seller, the Customer is asked to contact us by phone +48 725 652 680 or via electronic message (biuro@benetechpoland.pl) with the Seller to speed up the complaint procedure and solve the problem.
4. The correspondence address appropriate for complaints and the address for returning goods is: Benetech Poland Artur Rosa, ul. Wrocławska no. 35-37, 62-800 Kalisz.
5. The goods are in conformity with the contract if, in particular, its description, type, quantity, quality, completeness and functionality remain in conformity with the contract.
6. If the goods are not in conformity with the contract, the consumer may demand their repair or replacement.
7. The Seller may make a replacement when the consumer demands repair, or the Seller may make a repair when the consumer demands replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into conformity with the contract.
8. The Seller shall make the repair or replacement within a reasonable time from the moment he was informed by the consumer about the lack of conformity with the contract, and without excessive inconvenience to the consumer, taking into account the specificity of the goods and the purpose for which the consumer acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
9. The Consumer makes the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the consumer at his own expense. The consumer is not obliged to pay for the ordinary use of the goods which were then replaced.
10. In cases specified in the Consumer Rights Act, the consumer may submit a statement on price reduction or withdrawal from the contract. In particular, this applies to a situation in which the Seller refused to bring the goods into conformity with the contract or failed to bring the goods into conformity with the contract.
11. The Seller shall return to the consumer the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 days from the date of receipt of the consumer's statement on the price reduction.
12. In the event of withdrawal from the contract, the consumer shall immediately return the goods to the Seller at his own expense. The Seller shall return the price to the consumer immediately, no later than within 14 days from the date of receipt of the goods or proof of their shipment.
13. The Consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.
14. The entrepreneur is liable for the lack of conformity of the goods with the contract existing at the time of its delivery and revealed within two years from that moment, unless the shelf life of the goods specified by the entrepreneur, his legal predecessors or persons acting on their behalf, is longer.
15. It is presumed that the lack of conformity of the goods with the contract, which revealed itself before the expiry of two years from the moment of delivery of the goods, existed at the time of its delivery, unless proven otherwise or the presumption cannot be reconciled with the specificity of the goods or the nature of the lack of conformity of the goods with the contract.
16. The Seller is obliged to respond to the consumer's complaint within 14 days from the date of its receipt.
17. The Seller complies with the provisions of Chapter 5b of the Consumer Rights Act in the scope concerning contracts for the supply of digital content or digital service. The Seller is liable for any lack of conformity with the contract of digital content or digital service supplied continuously, which occurred or revealed itself at the time in which, according to the contract, they were to be supplied. This time may not be shorter than two years from the moment of delivery of the goods with digital elements. It is presumed that the lack of conformity of the digital content or digital service with the contract occurred at that time, if it revealed itself at that time.
18. In the event that a warranty has been granted for the goods, information about it, as well as its content, will be included in the description of the goods in the Store.
19. Rights under the lack of conformity of goods with the contract belong to the consumer and the entrepreneur with consumer rights.

§6

Right of withdrawal from the agreement

1. You have the right to withdraw from this agreement without giving any reason within 14 days from the date of taking possession of the purchased items. The deadline for withdrawal from the contract expires after 14 days from the day on which you came into possession of the items or on which a third party other than the carrier and indicated by you came into possession of the items. [OD2]
2. To exercise the right of withdrawal, you must inform us (Benetech Poland Artur Rosa, ul. Wrocławska no. 35-37, 62-800 Kalisz, e-mail address: biuro@benetechpoland.pl, tel. no. +48 725 652 680) of your decision to withdraw from this contract by way of an unequivocal statement (for example, filling in the withdrawal form which is Annex 1 or a letter sent by post or e-mail).
3. You may use the model withdrawal form, but it is not mandatory. To keep the withdrawal deadline, it is enough for you to send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal period.
4. In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivery (with the exception of additional costs resulting from your chosen delivery method other than the cheapest ordinary delivery method offered by us), immediately, and in any case no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this contract.
5. We will make the refund using the same payment methods that you used in the original transaction, unless you have explicitly agreed to another solution; in any case you will not incur any fees in connection with this refund.
6. We may withhold the refund until we have received the items back or until you have supplied evidence of having sent them back, whichever is the earliest.
7. The return of the Product should be made to the address: Benetech Poland Artur Rosa, ul. Wrocławska no. 35-37, 62-800 Kalisz.
8. Please send back or hand over the item to us immediately, and in any case no later than 14 days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send back the item before the 14-day period has expired.
9. You will have to bear only the direct costs of returning the item.
10. You are responsible for the decrease in value of the items resulting from using them in a manner other than was necessary to establish the nature, characteristics and functioning of the items.
11. According to Art. 38 of the Consumer Rights Act, the right to withdraw from the Sales Agreement is not available to the Consumer in relation to, among others, the contract:
    1)     for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur he will lose the right to withdraw from the contract, and acknowledged this;
    2)     in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the expiry of the deadline for withdrawal from the contract;
    3)     in which the subject of the performance is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individualized needs;
    4)     in which the subject of the performance is an item that deteriorates quickly or has a short shelf life;
    5)     in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    6)     in which the subject of the performance are items which after delivery, due to their nature, become inseparable from other things;
    7)     in which the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days and whose value depends on fluctuations in the market, over which the entrepreneur has no control;
    8)     in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additionally other services than those whose performance the consumer demanded, or provides items other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract belongs to the consumer in relation to additional services or items;
    9)     in which the subject of the performance are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    10)  for the delivery of dailies, periodicals or magazines, with the exception of a subscription contract;
    11)  concluded via a public auction
    12)  for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
    13)  for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur started the performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the performance of the service by the entrepreneur he will lose the right to withdraw from the contract, and acknowledged this, and the entrepreneur provided the consumer with the confirmation referred to in Art. 15 sec. 1 and 2 or Art. 21 sec. 1 of the Consumer Rights Act,
    14)  for the provision of services for which the consumer is obliged to pay the price in case of which the consumer explicitly demanded from the entrepreneur that he come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
12. The right to withdraw from a distance contract is not available to an entity other than a Consumer or an Entrepreneur with consumer rights.

§7

Provision of electronic services

1. The Seller takes action to ensure the fully correct operation of the Store, in the scope resulting from current technical knowledge and undertakes to remove within a reasonable time any irregularities reported by Customers using the Seller's Data.
2. Free services provided electronically by the Seller are:
   a)     the possibility of setting up an account in the Store,
   b)     the possibility of concluding a contract with the Seller electronically,
   c)     the possibility of receiving a newsletter (if subscription to the newsletter is enabled on the Store's website).
3. Setting up an account takes place by filling out the registration form or, if such an option is provided, by marking the appropriate consent in the process of placing an order. Upon effective registration of an account in the Store, a free contract for the provision of services by electronic means is concluded for an indefinite period.
4. The Customer can delete the account at any time by requesting deletion to the Store's e-mail address.
5. Information regarding customer data and orders placed is stored in the customer's account. If the account is deleted, the Seller will store information about orders placed until the expiry of the statute of limitations for possible claims resulting from a specific legal relationship or for the entire duration of the Store's operation – unless the Customer objects to the storage of this information and the Seller has no superior legally justified interest in storing it.
6. Subscription to the newsletter can be made by sending a completed newsletter subscription form or by marking a consent in the ordering process. In the case of successful subscription to the newsletter, the Seller provides an electronic service consisting of sending the Customer e-mail messages that contain information about products, promotions or services of the Seller. The Customer may resign from receiving the newsletter at any time by clicking the button for resignation included in the e-mail or by sending a resignation to the Store's e-mail address.
7. If you want to file a complaint, the Customer should provide their name and surname, correspondence address, type and date of occurrence of the irregularity related to the functioning of the store.
8. The Seller  undertakes to consider each complaint regarding the operation of the Store within 14 days. The Customer is asked to send the complaint to the Seller's e-mail address.
9. Content contained in the newsletter is subject to copyright protection. It is prohibited    to copy, record, distribute them without the consent of the Seller.
10. The consumer may withdraw from the contract for the provision of digital content within 14 days of its conclusion, without giving any reason, by providing information to the Seller. Regardless of this, the user may at any time submit a statement of resignation from the provided services.

§8

Provisions concerning entrepreneurs

1. The provisions of this paragraph apply to customers who are entrepreneurs.
2. The parties completely exclude liability under the statutory warranty for defects (rękojmia).
3. The Seller may terminate the contract for the provision of electronic services in the scope of maintaining the Customer's account with immediate effect and without stating reasons. This does not result in any claims against the Seller for this reason.
4. The Seller has the right to withdraw from the contract without giving a reason within 14 days of its conclusion, by sending the entrepreneur an appropriate statement. This does not result in any claims against the Seller for this reason.
5. The Customer is obliged to examine the shipment at the time and in the manner adopted for a given type of shipment and should immediately take steps aimed at establishing the carrier's liability. The Seller is not responsible for loss, defect, damage to the Goods and for delay in transport of the shipment arising from its acceptance for transport until its release to the entrepreneur.
6. The Seller has the right to limit the available payment methods and require the entrepreneur to make a prepayment in full or in part.
7. The Seller's total liability towards the entrepreneur for non-performance or improper performance of the contract by the Seller is limited to the amount of the price paid for the Goods and delivery costs. The Seller is not liable for lost profits in relation to the entrepreneur.
8. The court competent for resolving disputes between the Seller and the entrepreneur is the court competent for the seat of the Seller.
9. The provisions of this paragraph are not intended to limit the rights of the entrepreneur with consumer rights, which he is entitled to under generally applicable regulations.
10. In the absence of information about the warranty period in the Product description posted in the Store and in the attached user manual or warranty document, it is assumed that for Customers who are Entrepreneurs (excluding natural persons concluding a contract directly related to their business activity when it does not have a professional character for them), the warranty period for a given Product is 1 year (12 months) from the date of release of the Product to the Customer.

§9

Reviews

1. The Seller does not verify reviews about services and goods, but detects and removes false content when identified.

§10

Personal data protection

1. The controller of the Customers' personal data collected via the Online Store is the Seller.
2. The rules for processing personal data of their recipients and the rights of the Customer are included in the Store's Privacy Policy.

§11

Final provisions

1. All rights to the Store and offered goods, including intellectual property rights, proprietary and moral copyrights belong to the Seller. Without the consent of the Seller, it is not possible, among others, to duplicate or process the content offered by the Seller.
2. The Seller reserves the right to make changes to the Regulations for important reasons, such as, for example, a change in the offer, change in law. The new regulations enter into force on the day of publication. Registered Users will be informed about the change in regulations via e-mail.
3. The Seller reserves the right to change the prices of goods and promotions without prejudice to contracts concluded before these changes.
4. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply.
5. None of the provisions of the Regulations serve to limit the rights of a consumer or an entrepreneur with consumer rights guaranteed by the Consumer Rights Act and other applicable legal acts.
6. In the event of a dispute based on the concluded sales agreement, the parties will strive to resolve the matter amicably.
7. The consumer has the possibility to use out-of-court methods of considering complaints and investigating claims. The consumer has the possibility, for example:
   1)     to apply to a permanent amicable consumer court with a request to resolve the dispute,
   2)     to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,
   3)     to use the help of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
8. The consumer can use the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/
9. More detailed information can be found at: https://polubowne.uokik.gov.pl/.

Model statement on complaints and statement of withdrawal from the contract – the use of the following models is not mandatory, only recommended.

ANNEX NO. 1 TO THE ONLINE STORE TERMS AND CONDITIONS

Declaration of withdrawal from a distance contract:

1. PDF version (Adobe Acrobat Reader)
   Declaration of withdrawal from a distance contract.pdf
2. Doc version (Microsoft Word / Open Office)
   Declaration of withdrawal from a distance contract.doc

ANNEX NO. 2 TO THE ONLINE STORE TERMS AND CONDITIONS
Product complaint form:

1. PDF version (Adobe Acrobat Reader)
   Product complaint form.pdf
2. Doc version (Microsoft Word / Open Office)
   Product complaint form.doc