Terms and conditions

Terms and conditions

§1 General Informations

  1. These regulations determine the rules of using baribalpoland.pl Online Shop, making orders, delivering ordered products to customers, making payments for ordered product’s, possibility to cancel the orders and waving the contracts, and also the rules of claiming and the way it is being solved.
  2. Selling by baribalpoland.pl is being done by Piotr Grzegorczyk, who runs a company that is called Baribal in Lublin.
  3. In this document are used terms that need to be understood as:
    1. Seller/BaribalPoland - Piotr Grzegorczyk who runs Baribal Piotr Grzegorczyk located in Lublin 20-865, Mackiewicz Street 17/38, NIP: 7123191515, REGON: 061653714, registered in Central Registry and Information’s about Business run by Minister of Economy, being the owner of Baribalpoland.pl online shop.
    2. Online shop - means all the pages that are found on baribalpoland.pl, on which the seller sells the products online.
    3. Customer - natural person, that is at least 13, although people under 18 are bound to show a permition from the person that takes the responsibility for them, unless they are permitted to all legacy actions already, and also legal entity or organization’s that has no legal personality, that law rules give legal capacity, that use the online shop, especially, that make an order according to the rules, by Online Shop.
    4. Consumer - Customer who is a natural person, who do the legal action with baribalpoland.pl, not connected directly to business activity, especially, who make an order in Online Shop.
    5. An order - a customer declaration determines: a type and amount of products available in the Online shop store at the moment of making an order, type of payment, delivery rules ( such as a delivery place and customers'  address and other important information’s), that is an offer of contract between customer and Online shop for the particularly product.
    6. Customer Account -  an individual for every customer service, done after registration and concluded the agreement to the Customer Account service.
    7. Selling contract - itmeans a contract between the seller and a customer, concluded by making an order in the Online Shop.
    8. Materials - placed content done by a customer, especially photos, forum discussions and products' reviews.
    9. Products - presented items by the Seller in Online Shop, available products to purchase.
    10. Working Day - week day from Monday to Friday, excluded the statutory days off (bank holidays).
    11. Deliver - a person who cooperate with the Seller, that dispatch an order to a customer as a purchase contract.
    12. Delivery time- a time that a deliver delivers a purchased product, counted from a dispatch time.
  4. All the products that are available in the Online Shop are brand new.
  5. To be able to use the Online Shop, including viewing the items, making orders, it is necessary to have an access to a device with Internet connection, that has an internet browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari and also have an active, current email address. The Seller will do his best to ease an access to the Shop Online for all the most popular Internet browsers and for all the operation systems, and also for most of available devices.
  6. Every customer is obliged to use the baribalpoland.pl Online Shop as intended.
  7. Every customer using baribalpoland.pl Online Shop is obliged to:
    1. use the Online Shop in accordance with intended use, and also in accordance with the law and regulations included in this document.
    2. use the Online Shop in accordance with morality and respect to all the assortment.
    3. not publish or transfer anything that is against the law.
    4. use Online Shop in the way that does not affect functioning of the service.
    5. use all the information’s from the website only for your own use.
    6. not take actions of sending SPAM messages, operate on baribalpoland.pl any commercials, advertising or promoting actions etc.
    7. posting only materials that a person has the rights to publish and that it doesn’t affect the law rules.
  8. The Seller does not take the responsibility, as long as the law allows him, for any distractions, including breaks in the baribalpoland.pl Online Shop functioning caused by not dependable from him forces, situations, bounded interrupting of third party or any incompatibility between baribalpoland.pl Online Shop and a technical infrastructure of a customer.
  9. The Seller has the rights to block Customer Account, if its actions are against the law, rules or regulations included in this document. If the Seller decides to do that, a customer will be informed about that on their e-mail, before the final action will be taken. Blocked account means the contract between the Seller and a customer had been terminated with immediate effect.
  10. The Seller has the rights to remove any materials are considered by him as against the law or the regulations included in this document.

§2 Registration and logging

  1. In order to register (make a customer account) you are obliged to fill the form using your personal information’s, e-mail address and a password. Once a customer is registered, they are fully allowed to use the Online Shop, it is a one-time, free and voluntary.
  2. After a customer is registered, they can log in to their account using the same information’s that their used while registering.
  3. An Account Registration and logging can be done by using Facebook or Google+.
  4. It is not necessary to register in order to make a purchase in the Online Shop.
  5. In order to delete an account from baribalpoland.pl Shop Online it is necessary to send an e-mail asking for deleting an account from baribalpoland.pl Online Shop website.
  6. A customer , who registered an account, is allowed to use all the available functions of the Online Shop, including: making an order or publish materials in the Online Shop, that are in accordance with the law and rules and do not affect the functionality of the Online Shop.

§3 Making orders

  1. Information’s included on the Online Shop are not the Seller's offer in the meaning of the Civil Law.
  2. A customer can make orders on the Online Shop 24 hours/7 days a week.
  3. It is necessary to accept the Online Shop regulation, by ticking the corresponding box, before finalizing the order. The lack of acceptance of the rules while making an order means that there is no possibility to purchase any order on the Online Shop.
  4. To make orders, it is also necessary for a customer to give their personal information’s indicated as obligatory and agree for processing their personal data by checking the appropriate box before finalizing the order. That is necessary while making orders on the Online Shop. Giving personal information indicated as obligatory is voluntary, although it is necessary to make orders. Giving personal information’s that are not indicated as obligatory is voluntary and unnecessary to make orders.
  5. In order to make an order it is necessary to complete an order via baribalpoland.pl, choose a place to deliver an order, choose a payment method, fill an ordering form, and next to confirm and send an order. Completing an order is possible by adding chosen products to the basket (trolley). Each time, before sending an order, a customer is informed about all costs together including a cost of products and chosen delivery method and also about every additional costs.
  6. Sending a customer's order is a submission of a contract offer to sell to the Seller.
  7. Ordered goods in the Online shop can be delivered to an address indicated by a customer all across Poland and also abroad.
  8. After an order has been made, a customer receive a confirmation e-mail.
  9. After confirmation, the Seller will immediately send an information about realizing the order. Since that the agreement is concluded between the Seller and a customer.

§4 The prices of goods and payments

  1. The prices shown on baribalpoland.pl are gross prices, including VAT tax. The prices do not include delivery costs or any other additional costs. A customer will be informed about additional costs once they choose delivery and payment method.
  2. The prices shown on the Online Shop's website are valid only for making orders via the Online Shop. For goods offered on auctions , the prices are different, shown on auctions' services.
  3. The prices shown on the Online Shop can be changed, although the changing in prices do not affect an order before the new price is valid.
  4. A customer, while making an order, can choose a delivery costs and payment method:
    1. traditional bank transfer into the Seller bank account.
    2. bank transfer via Tpay.com and PayPal
  5. A customer who has chosen payment in advance while making an order, is obliged to transfer money to the Seller within 7 days.
  6. There is no possibility to pay half of the money in advance and the other half after receiving ordered goods.

§5 Time of order's realization and delivery service

  1. The goods ordered via the Online Shop are delivered all across Poland and to certain foreign countries.
  2. The Seller is obliged to deliver ordered goods without any faults, flawless.
  3. Goods are delivered in working days to the address that exists in ordering form.
  4. A delivery of ordered on the Online shop goods, realized to an address chosen while making an order, is chargeable as it is included in ordering form. The abroad delivery prices depend on country and weight of goods.
  5. Delivery service prices include VAT.
  6. The time that orders are realized is shown on product's pages available on the Online Shop and it does not mean the same as delivery time. A delivery time depends on chosen delivery method and it usually takes 24hours -72 hours since the day that a parcel has been dispatched. The time of order realizations begin with the day of confirmed payment, if you pay in advance, or after receiving an order, if you pay to a delivery courier while receiving goods.
  7. A customer will be informed that the goods are dispatched on e-mail address.
  8. While receiving goods from a delivery person, customer should check if everything is alright with the parcel. If any damages are noticed, the customer has the rights to ask the delivery person for drawing up a protocol.
  9. To the delivered goods, there is possibility to add the VAT invoice, if required by a customer.
  10. A customer can collect the parcel personally in the established place and time.

§6 Complaints

  1. The Seller delivers goods flawless and the Seller is responsible to the customer if ordered goods are faulty.
  2. If the received goods are faulty, the customer has the rights to terminate the contract or claim for another goods without faults.
  3. The Buyer can make a complaint about the contract and free electronic services on the e-mail: biuro@baribalpoland.pl or send a letter on the Seller address. Complaint letter should include:
    1. customer's name, surname, address, email address
    2. a date of concluded agreement between the customer and the Seller
    3. the subject of the complaint and claims
    4. explanation
  4. If the given in complaint letter information’s are not clear, before considering the complaint, a customer might be asked for giving more information’s.
  5. The seller has 14 days for considering the complaint from the day he received the letter.
  6. A reply will be sent to the customer's email address.
  7. In case of a positive consideration of the complaint, a customer needs to send the faulty goods on the Seller address.
  8. A receipt or any other proof of purchase is not required.
  9. In some specific cases, the Seller pays for the delivery of complaint product by paying money back after receiving the product as long as a customer send it according to the rules and to the right address.
  10. The Seller decides about giving a refund for delivery costs.
  11. The seller reserves the right to not consider every claim made by a customer, if they are not in accordance with  the law or regulation rules, or if they are unfounded.
  12. If any product tags were cut, the complaint will be negatively considered, even if before Seller agreed to the complaint. While contacting via e-mail, it is impossible to verify if tags are cut or not. So if the product of the complaint does not have all the tags, it means that the complaint will be automatically rejected, and the customer will be charged for a cost of delivery product of the complaint to the Seller and for a cost of returning product back to the customer.
  13. To all matters not settled herein provisions of this regulations, shall apply rules included in Civil Law or in the acts about terms and conditions of specific consumer sales.

§7 Withdrawals from a contract

  1. In accordance with the art. 27 Act from 30 May 2014 about consumer rights (Dz.U. from 2014, position 827) a Customer that is a Consumer, who concluded of the distance agreement via the Online Shop is allowed to withdraw from a contract within 14 days without giving any reason.
  2. It begins with the day that a Consumer received a product.
  3. To keep the term of withdrawal from a contract, a consumer need to send a letter before the term of withdrawal expires.
  4. A consumer can withdraw from a contract by making a written declaration to the Seller and sending it to the agreed address. A declaration about withdrawal from the contract can make by using ready form that is attached as a nr 1 to the regulations.
  5. In case of withdrawal from a contract, the contract does not exist.
  6. I a customer that is a Consumer made a declaration of withdrawal from the contract before the Seller agreed to their offer, the offer stop existing.
  7. In case of withdrawal from the contract, a Consumer is obliged to return the product immediately, before 14 days since withdrawal from the contract. To keep the term it is enough just to send goods before 14 passed. A consumer can send a declaration of withdrawal from the contract all together with returning goods.
  8. A Consumer is obliged to pay for the return of products.
  9. The Seller, no longer that 14 days from the day that received that declaration of withdrawal from a contract or received the returned goods, will refund all the money that Consumer spent including return delivery costs.
  10. The Seller give a refund to a Customer by transferring money into their bank account.
  11. If the Customer choose other refund payment method, the Seller is not obliged to give a refund the additional costs of delivery by a Customer.
  12. A Consumer is responsible for any decreasing in value, caused by using the product contrary to the rules of use.
  13. In accordance with the art. 38 Act from 30 April 2014 about Consumer Rights (Dz.U. from 2014, position 827), the rights to withdraw from the contract are not entitled to a Consumer according to the contracts:
    1. in which the object of performance is an item non-prefabricated, made with the consumer's specifications or made to satisfy the individual needs,
    2. in which the object of performance are items, that because of their characteristic design,  after they were received, they are joined together with other items, and they all fit together,
    3. concluded of the agreement on public auction.

§8 Electronic, free of charge services

  1. The Seller provides electronic, free of charge services for Customers, including Newsletter and customer account management 24 hours per day, 7 days a week.
  2. A Customer can agree to receive a Newsletter shared by the Seller. The Newsletter is only sent to Customers who ordered it by putting their email address in the right place.
  3. The Newsletter service is to send an e-mail with all the information’s about new assortment on  offer.
  4. Every Customer can unsubscribe from receiving the Newsletter by using the right link that is included in every Newsletter message.
  5. Customer Account Management service is available for registered customers. The service involves sharing an administration panel that allows to change information’s which had been given while registering, monitoring the state of orders and also viewing previous orders.
  6. Subscribing from customer account management service means as the same as deleting Customer Account, which is based on rules of this regulations, described in paragraph 2, Act 5 of this regulations.
  7. The Seller has the rights to block the access to Customer Account and free of charge services if a Customer do anything that is against the rules or the law, or if it is necessary to do it because of safety reasons.

§9 Personal Information’s and Privacy Policy

  1. Using the Online Shop baribalpoland.pl means accepting the privacy policy.
  2. The Administrator of all the personal information’s voluntarily provided is the Seller.
  3. Personal data are protected in accordance with the provisions of regulations of Act about personal data protection.
  4. To ensure proper functioning of the Online Shop, the Seller collect and process the Customer personal data only for statistical purposes and in order to do the professional Online Shop Service.
  5. In case a customer agreed to an electronic service which involves receiving Newsletters, a customer email address is being added to the list of emails and it is used for marketing purposes to send a customer a commercial information in the form of the Newsletter.
  6. The collected personal data are not shared with third party, except sending personal data to any specified person who takes a part in the order realization in order to deliver ordered goods to the customer.
  7. A Customer is allowed to view their personal data and to change them.
  8. The Seller will do everything to protect customers' personal data and to make sure no third parts can view them.
  9. The Seller uses Cookies, which are saved by ICT system in ICT system. of customers (computer, phone or any other that had been used to connect with the Online shop), while viewing the Online Shop and allow to identification a user in case of reconnecting with the Online Shop baribalpoland.pl from the devices that they had been saved on, in the future.
  10. Cookies collect information’s about using the Online Shop baribalpoland.pl, in order to ease the use of the Online Shop, adapting the website to the needs and expectations of the user, noticing customer's actions as part of Online Shop.
  11. Cookies are used after acceptation. The specified system settings can allow Cookies to be used, for example internet browser used in a device, that is used to browse the Online Shop website.
  12. A User can also limit or cancel Cookies in their Internet browser by changing the settings in that browser, to block Cookies or to warn the user whenever Cookies might be saved on their device that it used to browse the Online Shop baribalpoland.pl website. After that, it might be possible that using the Online Shop can be less efficient , the User might not be allowed to see some information’s, and in extreme cases it might be completely blocked the proper displaying the Online Shop website.

§10 Final Provisions

  1. Due to the continuous progress and development of technology, the terms and conditions are subject to change. The changes will be valid from the clearly specified  time and contained on the Online Shop, not affecting Customers' rights.
  2. If any provision of this agreement be declared invalid, it does not affect the validity or effectiveness of any other provisions of this regulation. In the position of the invalid provision it will be used the rule, that is the closest in the meaning to the invalid provision of the Regulation.
  3. A customer can use extrajudicial ways of considering of the complaint and investigating claims.
  4. In the range of rights and obligations resulting from the Sales Agreement and Regulations, there is used only Polish Law.
  5. These regulations come into force on the date 1.12.2016 and will be in force to all the agreements concluded from that date.

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