Terms and conditions of the online shop

1. GENERAL PROVISIONS

  1. The online shop available at ministerstwo.pl is operated by Bielun & Bielun sp. z o.o., with its registered office in Szczecin, ul. Sosnowa 6c, 71-468 Szczecin, Poland, entered in the register of entrepreneurs of the National Court Register kept by the District Court Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register, under KRS number: 0000729322, VAT ID (NIP): 8513223904, REGON: 369533555, share capital: PLN 34,500.
    1. E-mail address: [email protected]
    2. Telephone: +48 790 772 279
    3. Address for returns and complaints: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland.
    The contact details indicated above also serve for contact between consumers and the operator of the online shop.
  2. These terms and conditions are addressed both to consumers and to entrepreneurs using the online shop, with the exception of point 9, entitled "Provisions concerning entrepreneurs", which is addressed exclusively to entrepreneurs, and of those provisions which expressly state that they relate to consumer rights.
  3. The controller of personal data processed in connection with the performance of these terms and conditions is the service provider. Personal data are processed for the purposes, to the extent and on the basis of the rules set out in the Privacy Policy published on the pages of the online shop. Providing personal data is voluntary. Every person whose personal data are processed by the service provider has the right to access their content and the right to update and correct them.
  4. Separate regulations govern the loyalty programme, gift vouchers, discount codes and promotional campaigns. In matters not regulated by those regulations, the provisions of these terms and conditions apply.
  5. Definitions:
    1. Business day - one day from Monday to Friday, excluding public holidays.
    2. Registration form - the form available in the online shop enabling an account to be created.
    3. Order form - a digital service, an interactive form available in the online shop enabling an order to be placed, in particular by adding products to the electronic basket, and the terms of the sales agreement to be determined, including the method of delivery and payment for the order.
    4. Customer / service recipient - a natural person with full legal capacity and, in the cases provided for by generally applicable law, also a natural person with limited legal capacity; a legal person; an organisational unit without legal personality to which the law grants legal capacity; who has concluded or intends to conclude a sales agreement with the seller.
    5. Civil Code - the Act of 23 April 1964, the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
    6. Account - a digital service designated by an individual name (e-mail address) and a password provided by the service recipient; a set of resources in the service provider's ICT system in which the data provided by the service recipient and information about the orders placed by them in the online shop are collected.
    7. Newsletter - a digital distribution service provided by the service provider by e-mail, which allows service recipients using it to automatically receive successive editions of the newsletter containing information about products, new arrivals and promotions in the online shop and in the physical shops. Use of the newsletter is open-ended, free of charge and voluntary, which means that every service recipient may unsubscribe at any time.
    8. Product / goods - a movable item available in the online shop that is the subject of a sales agreement between the customer and the seller.
    9. Entrepreneur with consumer rights - a natural person for whom the conclusion of a sales agreement or the use of the services of the online shop is directly connected with their business activity, where it is clear from the circumstances that it is not of a professional nature for that person, resulting in particular from the subject of the business activity they perform, made available on the basis of the provisions on the Central Register and Information on Business Activity.
    10. Terms and conditions - these terms and conditions of the online shop.
    11. Online shop - the service provider's online shop available at ministerstwo.pl.
    12. Seller; service provider - Bielun & Bielun spółka z ograniczoną odpowiedzialnością with its registered office in Szczecin, ul. Sosnowa 6c, 71-468 Szczecin, Poland, entered in the register of entrepreneurs of the National Court Register under KRS number: 0000729322, VAT ID (NIP): 8513223904, REGON: 369533555, e-mail address: [email protected], telephone: +48 790 772 279, address for returns: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland.
    13. Sales agreement - an agreement for the sale of a product concluded or being concluded between the customer and the seller via the online shop.
    14. Digital service - a service provided electronically by the service provider to the service recipient via the online shop.
    15. Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
    16. Order - a declaration of intent by the customer submitted using the order form and aimed directly at concluding a sales agreement for a product with the seller.

2. DIGITAL SERVICES IN THE ONLINE SHOP

  1. The following digital services are available in the online shop: account, order form, newsletter and wishlist.
  2. Account - use of the account is possible after the service recipient has completed the registration form and confirmed it. The registration form requires the service recipient to provide the following data: first name, last name, e-mail address and password. An account may also be created while placing an order.
  3. The digital service "account" is provided free of charge for an indefinite period. The service recipient may at any time and without giving any reason delete the account (resign from the account) by sending an appropriate request to the service provider, in particular by e-mail to [email protected] or in writing to: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland.
  4. Order form - use of the order form begins when the customer adds the first product to the electronic basket in the online shop. An order is placed once the order form has been completed and confirmed with the button confirming the obligation to pay. Until that moment it is possible to modify the entered data - to do so, please follow the messages displayed and the information available on the pages of the online shop. The order form requires the customer to provide the following data concerning the customer:
    1. first name and last name,
    2. address (street, house/flat number, postcode, city, country),
    3. e-mail address,
    4. contact telephone number, required solely for the fulfilment of the order,
    and the following data concerning the sales agreement: products, quantity of products, place and method of delivery of the products, method of payment. Customers who are not consumers must also provide the company name and VAT ID.
  5. The digital service "order form" is provided free of charge, is of a one-off nature and ends when the order is placed through it or when the service recipient stops placing the order through it earlier.
  6. The customer may also place an order without creating an account (guest order). The e-mail address provided in the order is then assigned directly to the order placed.
  7. Newsletter - the digital service "newsletter" is provided free of charge for an indefinite period.
    1. The online shop operates a general newsletter and a separate list of messages about special offers and sales. Subscription to each list is independent and voluntary.
    2. Subscription takes place by providing an e-mail address in the subscription form available in the online shop and ticking the consent to receive commercial information, and then confirming the subscription by clicking the link sent to the address provided (double opt-in).
    3. The service recipient may at any time and without giving any reason unsubscribe from the newsletter using the unsubscribe link included in every message or by sending an appropriate request to [email protected].
  8. Wishlist - a digital service allowing a logged-in service recipient to save selected products to their own list. The service is free of charge, provided for an indefinite period and ends when the account is deleted.
  9. Technical requirements necessary for interoperability with the ICT system used by the service provider:
    1. a computer, laptop, telephone or other multimedia device with internet access,
    2. access to e-mail,
    3. a current version of a web browser supported by its manufacturer (including Google Chrome, Mozilla Firefox, Safari, Microsoft Edge, Opera),
    4. cookies enabled and JavaScript support enabled in the web browser.
  10. The service recipient is obliged to use the online shop in a manner consistent with the law and good practice, having regard for personal rights and the copyright and intellectual property of the service provider and third parties. The service recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from supplying unlawful content.
  11. Complaints procedure concerning digital services:
    1. Complaints related to the provision of digital services by the service provider and other complaints related to the operation of the online shop (excluding the product complaint procedure set out in point 6 of these terms and conditions) may be submitted by the service recipient electronically by e-mail to [email protected].
    2. It is recommended that the service recipient include in the complaint a description of the information and circumstances concerning the subject of the complaint (in particular the type and date of the irregularity), the request of the service recipient and the contact details of the person submitting the complaint - this will facilitate and speed up its handling. These requirements are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.
    3. The service provider responds to a complaint promptly and no later than within 14 calendar days of the date it was submitted.
  12. Product reviews:
    1. The seller allows the customer to post reviews of the goods purchased. Reviews may be posted at any time after the goods have been purchased.
    2. The buyer should formulate reviews in a reliable, fair and substantive manner, as far as possible linguistically correct and without the use of vulgar language or other words commonly regarded as offensive.
    3. It is prohibited to post reviews: without having previously purchased the product reviewed (in the online shop or in a physical shop); constituting an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on Combating Unfair Competition; infringing the personal rights of the seller or a third party; by paid users, in order to artificially increase the rating of the goods.
    4. The seller verifies whether the reviews posted comply with these terms and conditions, and in particular whether they come from buyers who actually purchased the goods - which is possible thanks to the link between the review and the e-mail address used in the purchase process. The seller displays both positive and negative reviews and does not interfere with their content.
    5. Should the buyer have any doubts concerning the reviews posted, the buyer may report a review to the seller for re-verification at [email protected]. Upon receiving such a report, the seller will take steps appropriate to the means available in order to verify the review posted.
    6. Where a review does not meet the requirements set out in these terms and conditions, the seller may refuse to publish it or remove it.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

  1. A sales agreement between the customer and the seller is concluded after the customer has placed an order using the order form in the online shop, in accordance with point 2.4 of these terms and conditions.
  2. The prices of products shown on the pages of the online shop are given in the currency selected by the customer (Polish zloty or euro) and are gross prices, that is they include value added tax. The customer is informed of the gross price of the product covered by the order, as well as of the delivery costs (including charges for transport, delivery and postal services) and of any other costs - and where the amount of those charges cannot be determined, of the obligation to pay them - on the pages of the online shop while placing the order, including at the moment the customer expresses the intention to be bound by the sales agreement.
  3. In the case of sales to consumers from other European Union member states, the seller settles value added tax at the rate applicable in the consumer's country under the OSS procedure. This does not affect the gross price shown in the online shop.
  4. Procedure for concluding a sales agreement in the online shop using the order form:
    1. After the order has been placed, the seller promptly confirms its receipt by e-mail to the address provided by the customer while placing the order and at the same time accepts the order for fulfilment.
    2. Confirmation of receipt of the order and its acceptance for fulfilment takes place by the seller sending the customer an e-mail containing at least the seller's declarations that the order has been received and accepted for fulfilment, and confirmation that the sales agreement has been concluded.
    3. Upon receipt of the above e-mail by the customer, the sales agreement between the customer and the seller is concluded.
    4. The content of the sales agreement being concluded is recorded, secured and made available to the customer by making these terms and conditions available on the pages of the online shop and by sending the customer the e-mail referred to in points 3.4.1 and 3.4.2. The content of the sales agreement is additionally recorded and secured in the IT system of the seller's online shop.
    5. Sending a payment confirmation by e-mail does not guarantee that the fulfilment of the order will be accelerated.
  5. Changes to an order after it has been placed:
    1. Until the order has been handed over to the carrier or prepared for personal collection, the customer may ask the seller to change the delivery address, add products to the order or merge several of their orders into one. Requests are accepted by e-mail at [email protected] and by telephone.
    2. Whether such a request can be carried out depends on the stage the order has reached and is not guaranteed. The seller informs the customer whether the change has been made.
    3. If, as a result of a change to the order, the amount due increases (in particular because products have been added or the delivery method has been changed), the seller will send the customer, to the e-mail address provided in the order, a request for an additional payment stating its amount and the payment details. Until the additional payment is received, the order awaits its settlement. If the amount due decreases, the seller refunds the difference in accordance with point 4.5 of these terms and conditions.

4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

  1. The seller makes the following methods of payment available to the customer under the sales agreement:
    1. cash on delivery when collecting the parcel (only for deliveries within the territory of the Republic of Poland),
    2. bank transfer to the seller's bank account: ING Bank Śląski, account number: 92 1050 1559 1000 0090 8033 3884,
    3. instant online transfer (pay-by-link),
    4. BLIK payment,
    5. payment card (Visa, Mastercard),
    6. Google Pay and Apple Pay,
    7. PayPal,
    8. deferred payment with PayPo,
    9. InPost Pay,
    10. payment with an MDM gift voucher.
  2. The availability of individual payment methods may depend on the delivery method chosen, the country of delivery and the contents of the basket. The payment methods available for a given order are presented to the customer while it is being placed.
  3. Electronic payments and card payments are handled by: PayU S.A. with its registered office in Poznań, Stripe Payments Europe Ltd., PayPal (Europe) S.à r.l. et Cie, S.C.A., PayPo sp. z o.o. with its registered office in Warsaw, and InPost Pay. Transactions are settled according to the customer's choice through the selected operator, on the terms set out in that operator's regulations.
  4. Payment deadline and order fulfilment:
    1. Where the customer chooses payment by bank transfer, the customer is obliged to make the payment within 7 calendar days of the date the sales agreement was concluded. The transfer title should state the first and last name of the person placing the order and the order number.
    2. In the case of payment by bank transfer, the order fulfilment time starts from the moment the payment is credited to the seller's account.
    3. In the case of electronic or card payment, the order fulfilment time starts from the moment the transaction is successfully authorised.
    4. Where the customer chooses cash on delivery, the customer is obliged to make the payment when collecting the parcel.
  5. Refunds:
    1. Where it becomes necessary to refund a transaction made by the customer electronically, the seller will make the refund using the same method of payment as the customer used, within 7 business days, unless the law or other provisions of these terms and conditions provide for a shorter period.
    2. Where a refund cannot be made by the method used to pay for the order, a request to provide a bank account number for the purpose of making the refund will be sent to the e-mail address provided by the customer in the order.

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

  1. Delivery of products is available within the territory of the Republic of Poland and to selected European Union member states. The current list of delivery countries and shipping costs is available on the "Delivery" page in the online shop and is presented to the customer while the order is being placed.
  2. Delivery of products to the customer is subject to a charge, unless the sales agreement provides otherwise. The costs of delivery of the product (including charges for transport, delivery and postal services) are indicated to the customer on the "Delivery" page and while the order is being placed, including at the moment the customer expresses the intention to be bound by the sales agreement.
  3. The seller makes the following methods of delivery or collection of the product available to the customer:
    1. courier and pick-up point delivery provided by InPost (parcel locker, courier to the door, InPost International) and DPD (parcel machine, Pickup point, courier to the door, cash-on-delivery courier),
    2. personal collection at a physical shop (ul. Dzielna 15, 01-029 Warszawa; ul. Niemierzyńska 29a, 71-436 Szczecin).
  4. The time of delivery of the product to the customer is from 1 to 3 business days from the day the order has been assembled, unless a shorter or longer period is stated in the description of the given product or while the order is being placed. Where products have different delivery times, the delivery time is the longest period stated.
  5. The order assembly time is a maximum of 3 business days from the moment the payment is credited to the seller's account and, in the case of electronic or card payment, from the moment the transaction is successfully authorised, unless the product description states otherwise.
  6. Changing the delivery address is free of charge and possible until the order has been handed over to the carrier. Once the parcel has been dispatched or the order has been prepared for personal collection, the delivery address cannot be changed.
  7. Where a parcel is dispatched to an incorrect address through no fault of the seller, the customer is obliged to cover the costs of re-shipment resulting from:
    1. an incorrectly completed delivery address,
    2. a request to change the carrier,
    3. a change of the delivery method (e.g. from personal collection to courier delivery).
    Re-shipment on the above terms requires a separate payment, including where the original order qualified for free delivery.
  8. Where a parcel needs to be sent to the customer again because it was not collected and was returned to the sender, and this occurred through no fault of the seller, the customer is obliged to pay a charge covering the cost of re-dispatching the parcel by the same method as originally chosen, or to indicate another delivery method by e-mail. The transfer title should state: "Charge for re-shipment of order no. ...".
  9. Where goods are delivered to non-residential premises that have a name, the name of those premises must be provided so that the delivery can be completed correctly.
  10. Personal collection:
    1. Personal collection of an order at a Ministerstwo Dobrego Mydła physical shop (ul. Dzielna 15, 01-029 Warszawa; ul. Niemierzyńska 29a, 71-436 Szczecin) is free of charge.
    2. An order with personal collection selected may be paid for in advance only - by bank transfer or by electronic payment. Payment in cash on collection is not available.
    3. The time for preparing the products for collection at a physical shop is up to 3 business days, unless a shorter or longer period is stated in the description of the given product or while the order is being placed. Where products have different times, the applicable time is the longest period stated. The period starts on the day the payment is credited to the seller's bank or settlement account.
    4. The customer will receive an e-mail at the address provided during the ordering process informing them that the order is ready for personal collection.
    5. The order remains ready for collection for a further 14 (fourteen) days from the date the customer is delivered the e-mail about the goods being ready for collection. The seller reminds the customer of an uncollected order by e-mail. Where the order is not collected within that period, the seller may withdraw from the sales agreement by submitting a declaration of withdrawal to the customer; the order will then be deemed cancelled and the seller is obliged to promptly refund to the customer all funds received from them under the sales agreement.
    6. When collecting the order, the customer is obliged to present the order number to the person handing over the goods. That number also enables the order to be collected by another person indicated by the customer.
    7. When collecting the order, the customer is obliged to check that the goods handed over match the order placed and to inform the person handing them over of any discrepancies. This provision does not limit the customer's rights arising from the goods not conforming with the agreement or the right of withdrawal from the agreement.

6. PRODUCT COMPLAINTS

  1. The basis and scope of the seller's statutory liability are determined by generally applicable law, in particular the Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended). Additional information concerning the seller's liability under the warranty and for the conformity of the product with the sales agreement is set out below:
    1. In the case of a complaint concerning a product purchased under a sales agreement concluded with the seller up to 31 December 2022 by a customer who is a consumer, the seller is liable for defects of the item sold on the terms set out in the provisions of the Civil Code in the wording in force up to 31 December 2022, in particular Articles 556-576 of the Civil Code. Pursuant to Article 558 § 1 of the Civil Code, the seller's liability under the warranty for a product purchased as described in the preceding sentence towards a customer who is not a consumer is excluded.
    2. In the case of a complaint concerning a product purchased under a sales agreement concluded with the seller on 1 January 2023 or later by a customer who is a consumer or an entrepreneur with consumer rights, the seller's liability where the product does not conform with the sales agreement is determined by the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43a-43g of that Act. Pursuant to Article 558 § 1 of the Civil Code, the seller's liability under the warranty for a product towards a customer who is an entrepreneur, with the exception of an entrepreneur with consumer rights, is excluded.
  2. The seller declares that the products offered in the online shop conform with the agreement within the meaning of Article 43b(1) and (2) of the Consumer Rights Act.
  3. A complaint may be submitted by the customer:
    1. in writing, with proof of purchase enclosed, to: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland,
    2. by e-mail to [email protected].
  4. It is recommended that the customer include in the complaint:
    1. information and circumstances concerning the subject of the complaint, in particular the type and date of the defect, the product batch number and the order number,
    2. a request as to how the product is to be brought into conformity with the sales agreement, or a declaration of a price reduction or of withdrawal from the sales agreement, in accordance with the rights arising from Articles 43d and 43e of the Consumer Rights Act,
    3. the contact details of the person submitting the complaint - this will facilitate and speed up the handling of the complaint by the seller.
    The requirements set out above are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description. It is recommended that a receipt or other proof of purchase be enclosed with the complaint.
  5. The seller will respond to the customer's complaint promptly and no later than within 14 calendar days of the date it was submitted. Failure by the seller to respond within that period means that the seller has considered the complaint justified.
  6. A customer exercising rights arising from the product not conforming with the agreement or under the warranty is obliged, at the seller's expense, to deliver the defective product to: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland.
  7. If, due to the nature of the product or the manner of its installation, delivery of the product by the customer would be excessively difficult, the customer is obliged to make the product available to the seller at the place where the product is located.
  8. A model complaint form in PDF format is available for download in point 11 of these terms and conditions. Use of the model form is not obligatory.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

  1. Detailed information on the possibility for a customer who is a consumer or an entrepreneur with consumer rights to use out-of-court complaint and redress procedures, and the rules of access to those procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, of social organisations whose statutory tasks include consumer protection, of the provincial inspectorates of the Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection: uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php and uokik.gov.pl/wazne_adresy.php.
  2. A customer who is a consumer or an entrepreneur with consumer rights has, by way of example, the following options for using out-of-court complaint and redress procedures:
    1. applying to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended) to resolve a dispute arising from the sales agreement concluded;
    2. applying to a provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection, to initiate mediation proceedings for an amicable settlement of the dispute between the customer and the seller. Information on the rules and procedure of mediation is available at the offices and on the websites of the individual provincial inspectorates of the Trade Inspection;
    3. obtaining free assistance in resolving the dispute from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation and the Polish Consumers Association). Advice is provided by the Consumer Federation at [email protected] and by the Polish Consumers Association at the free consumer helpline 800 889 866.

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. A customer who is a consumer and who has concluded a distance agreement may withdraw from that agreement within 14 calendar days without giving any reason. The period for withdrawal from the agreement expires after 14 days from the day on which the customer acquired physical possession of the goods, or on which a third party other than the carrier and indicated by the customer acquired physical possession of the goods. Where the order covers multiple goods delivered separately, in lots or in parts, the period runs from taking possession of the last item, lot or part. The right of withdrawal is also available to a customer who is an entrepreneur with consumer rights in respect of sales agreements concluded on 1 January 2023 or later.
  2. The right of withdrawal from the agreement does not apply to:
    1. products with a shelf life shorter than 6 months - in particular bath bombs, scented candles and other products appropriately described and indicated by the seller,
    2. products supplied in sealed packaging which cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging was opened after delivery.
  3. Using a gift voucher purchased in the online shop before the expiry of the withdrawal period is equivalent to the voucher purchaser waiving the right of withdrawal from the agreement. Using a gift voucher in the period between submitting a declaration of withdrawal from the agreement and delivering the returned voucher to the seller is equivalent to revoking the declaration of withdrawal and means that the seller is not obliged to refund the purchase price of the voucher.
  4. The right of withdrawal does not apply to legal persons and natural persons conducting business activity - with the exception of entrepreneurs with consumer rights - where the product was purchased in connection with the business or professional activity conducted.
  5. To exercise the right of withdrawal from the agreement, the customer may:
    1. submit a declaration using the withdrawal form available on the pages of the online shop - also without logging in; the seller will promptly confirm receipt of the declaration by an e-mail stating the date and time it was submitted,
    2. send the declaration by e-mail to [email protected],
    3. send the declaration in writing to: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland.
    The customer may use the model withdrawal form made available in point 11 of these terms and conditions, but this is not obligatory. To meet the deadline it is sufficient to send the declaration before the period expires.
  6. In the case of withdrawal from a distance agreement, the agreement is deemed not to have been concluded.
  7. A customer entitled to withdraw from the agreement is obliged to return the product to the seller promptly and no later than within 14 calendar days of the day on which they withdrew from the agreement. To meet the deadline it is sufficient to send the product back before the period expires. It is recommended that a receipt or other proof of purchase be enclosed with the parcel.
  8. The customer returns the product to: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland, and bears the direct cost of returning the goods.
  9. Where products forming part of a set are returned, the customer is obliged to return all products included in the set purchased. This provision does not apply to withdrawal from a sales agreement on the basis of the provisions on the goods not conforming with the agreement.
  10. The seller is obliged to refund to the customer all payments made by them, including the costs of delivery of the product, promptly and no later than within 14 calendar days of receiving the declaration of withdrawal from the agreement.
  11. The seller makes the refund using the same method of payment as the customer used, unless the customer has expressly agreed to another method of refund which does not involve any costs for them.
  12. The seller may withhold the refund until the product has been received back or until the customer has provided proof that it has been sent back, whichever occurs first.
  13. If the consumer chose a method of delivery of the product other than the cheapest ordinary method of delivery available in the online shop, the seller is not obliged to refund to the consumer the additional costs incurred by them.

9. PROVISIONS CONCERNING ENTREPRENEURS

This point of the terms and conditions and the provisions contained in it apply exclusively to customers and service recipients who are not consumers and - in respect of agreements concluded on 1 January 2023 or later - also to customers and service recipients who are not entrepreneurs with consumer rights.

  1. The seller has the right to withdraw from a sales agreement concluded with a customer who is not a consumer or an entrepreneur with consumer rights within 14 calendar days of the date it was concluded. Withdrawal from the sales agreement in such a case may take place without giving any reason and does not give rise to any claims by that customer against the seller.
  2. In the case of customers who are not consumers or entrepreneurs with consumer rights, the seller has the right to limit the payment methods available, including to require prepayment in whole or in part, regardless of the payment method chosen by the customer and of the fact that the sales agreement has been concluded.
  3. Upon the seller handing the product over to the carrier, the benefits and burdens connected with the product and the risk of accidental loss or damage to the product pass to a customer who is not a consumer or an entrepreneur with consumer rights. In such a case, the seller is not liable for the loss, shortage or damage to the product arising from the moment it is accepted for carriage until it is handed over to the customer, nor for any delay in the carriage of the parcel.
  4. Where the product is sent to the customer via a carrier, a customer who is not a consumer or an entrepreneur with consumer rights is obliged to examine the parcel at the time and in the manner customary for parcels of that kind. If the customer finds that a shortage or damage to the product occurred during carriage, the customer is obliged to take all steps necessary to establish the carrier's liability.
  5. Pursuant to Article 558 § 1 of the Civil Code, the seller's liability under the warranty for a product towards a customer who is an entrepreneur, excluding entrepreneurs with consumer rights in respect of agreements concluded on 1 January 2023 or later, is excluded.
  6. In the case of service recipients who are not consumers or entrepreneurs with consumer rights, the service provider may terminate the agreement for the provision of a digital service with immediate effect and without stating reasons by sending the service recipient an appropriate declaration.
  7. The service provider's liability towards a service recipient who is not a consumer or - in respect of agreements concluded on 1 January 2023 or later - an entrepreneur with consumer rights, regardless of its legal basis, is limited, both in respect of a single claim and for all claims in total, to the amount of the price paid and the delivery costs under the sales agreement, but no more than PLN 1,000. The service provider is liable towards such a service recipient only for typical damage foreseeable at the time the agreement was concluded and is not liable for lost profits.
  8. Any disputes arising between the seller and a customer who is not a consumer are submitted to the court having jurisdiction over the seller's registered office.

10. FINAL PROVISIONS

  1. Agreements concluded through the online shop are concluded in Polish. The online shop also makes content available in English and German; in the event of any discrepancy between the language versions of these terms and conditions, the Polish wording prevails.
  2. Amendments to the terms and conditions:
    1. The service provider reserves the right to amend the terms and conditions for important reasons, namely: changes in the law and changes in the methods of payment and delivery - to the extent that those changes affect the performance of these terms and conditions.
    2. Where agreements of a continuous nature are concluded on the basis of these terms and conditions (e.g. the provision of the digital service "account"), the amended terms and conditions are binding on the service recipient if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, that is: the service recipient has been duly notified of the changes and has not terminated the agreement within 14 calendar days of the date of notification. Should an amendment to the terms and conditions result in the introduction of any new charges or an increase in existing ones, a service recipient who is a consumer has the right to withdraw from the agreement.
    3. Where agreements of a nature other than continuous are concluded on the basis of these terms and conditions (e.g. a sales agreement), amendments to the terms and conditions will not in any way infringe the rights acquired by customers who are consumers before the date the amendments enter into force; in particular, amendments to the terms and conditions will not affect orders already being placed or placed, or sales agreements concluded, being performed or performed.
  3. In matters not regulated by these terms and conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended); the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended) and other relevant provisions of generally applicable law.

11. MODEL FORMS

  1. Model withdrawal form - download PDF. Addressee: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland, [email protected].
  2. Model complaint form - download PDF. Addressee: Bielun & Bielun sp. z o.o., ul. Niemierzyńska 29a, 71-436 Szczecin, Poland, [email protected].
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