TERMS AND CONDITIONS OF THE ONLINE STORE www.bryzka.com

Table of contents:

  1. General Provisions
  2. Definitions
  3. Electronic services in the online store
  4. Information about products and ordering
  5. Conclusion of the sales contract
  6. Payment Methods and Terms
  7. Costs, timing and delivery methods of the product
  8. Gift Certificates.
  9. Product Complaint
  10. Right of withdrawal
  11. Personal data in the online shop
  12. Provisions concerning entrepreneurs
  13. Intellectual Property
  14. Final provisions

Types and scope of activity of the www.bryzka.com Store:

Through the Shop, distance sales are carried out via the Internet offering a handmade assortment). The items offered are new and unused, but often made from pre-owned materials, for example: skirts, tracksuits, bicycle inner tubes or pants, etc., which show slight signs of use, but are carefully prepared, washed and ironed by the Seller.

Recycling and upcycling clothes and giving them a second life is connected with the idea that that guides the Seller – taking care of the environment. 

In the event that you resign from the possibility of concluding the agreement through individual negotiations, the following terms and conditions and applicable laws apply:

 

  1. GENERAL PROVISIONS

1.1. The Online Shop www.bryzka.com operates on the terms set out in these Terms and Conditions.

1.2. The Online Shop is run by Aneta Bryzek conducting business activity under the name Bryzka Aneta Bryzek entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for the economy, having: the address of the place of business and the address for service: 19-th Piaskowa Street, 08-540 Stężyca Poland, NIP 5060099393, REGON 381579329, e-mail address abryzka@gmail.com.

1.3. The Terms and Conditions specify the terms and conditions of concluding and terminating Product Sales Agreements and the complaint procedure, the types and scope of services provided electronically by the www.bryzka.com Store, the rules for their provision, the conditions for concluding and terminating contracts for the provision of electronic services.

1.4. Each Service Recipient is obliged to comply with the provisions of these Terms and Conditions at the moment of taking steps to use the Electronic Services of the www.bryzka.com Store.

1.5. In matters not regulated herein, the following provisions shall apply: the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended), the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827), the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016 (Journal of Laws of 2016, item 1823),  of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of the Civil Code and other relevant laws of the Republic of Poland.

 

  1. DEFINITIONS

2.1. Business day – one day from Monday to Friday, excluding public holidays.

2.2. Order Form – an interactive form available in the Online Shop www.bryzka.com enabling you to place an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

2.3. Customer/Shop User – Service Recipient who has concluded or intends to conclude a Sales Agreement with the Seller.

2.4. Consumer – a natural person using the Online Shop for a purpose not directly related to his/her business or professional activity.

2.5. Product – a movable item available in the Online Shop, which is the subject of the Sales Agreement between the Customer and the Seller.

2.6. Terms and Conditions – refers to these Terms and Conditions of the Store.

2.7. Shop – the Service Provider’s online store operating at www.bryzka.com

2.8. Seller / Service Provider – Aneta Bryzek conducting business activity under the name Bryzka Aneta Bryzek entered into the Central Registration and Information on Economic Activity of the Republic of Poland kept by the minister competent for the economy, having the address of the place of business and the address for service: 19 Piaskowa Street, 08-540 Stężyca., NIP 5060099393, REGON 381579329, e-mail address abryzka@gmail.com.

2.9. Service Recipient – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, using or intending to use the Electronic Service.

2.10. Sales Agreement – a contract for the sale of a Product concluded or concluded between the Customer and the Seller through the Store.

2.11. Electronic Service – a service provided electronically by the Service Provider to the Service Recipient through the Store.

2.12. Order – a declaration of intent of the Customer submitted by means of the Order Form and aimed directly at concluding a Product Sale Agreement with the Seller.

2.13. Contact Form – Electronic Service available in the Store enabling sending a message to the Seller

2.14. Product – an item currently displayed on the www.bryzka.com website, described and photographed.

2.15. Entrepreneur – a natural person, a legal person or an entity without legal personality, performing a legal transaction on its own behalf as part of its business or professional activity.

 

  1. ELECTRONIC SERVICES IN THE ONLINE STORE

3.1. The Service Provider enables the use of the following Electronic Services through the Store:

information available on the Online Shop website). 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 on the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of customers who are entrepreneurs, it is also necessary to provide the name of the company and the tax identification number.

3.1.2. The Order Form Electronic Service is free of charge and is of a one-time nature and is terminated at the moment of placing an Order through it or at the time of earlier cessation of placing an Order through it by the Service Recipient.

3.2. The provision of Electronic Services to Service Recipients in the Shop takes place under the conditions specified in the Terms and Conditions.

3.3. The Service Provider has the right to place advertising content on the Shop’s website. This content is an integral part of the Store and the materials presented in it.

3.4. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer or mobile device with Internet access, (2) access to e-mail, (3) a web browser, (4) enabling Cookies and Javascript in the web browser. The store uses an SSL certificate to ensure the security of transactions.

3.5. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good practice, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing illegal content.

3.6. Procedure of complaint procedure related to the provision of Electronic Services:

3.6.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (with the exception of the Product complaint procedure, which is indicated in points 8 and 13. The Service Recipient may submit, for example: (1) in writing to the following address: 19 Piaskowa Street, 08-540 Stężyca., (2) in electronic form via e-mail to the following address: abryzka@gmail.com; (3) or by phone at +48 533-7868-868.

3.6.2. It is recommended that the Service Recipient provide as much information and circumstances as possible regarding the subject of the complaint in the description of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will make it much easier and faster for the Service Provider to consider the complaint.

3.6.3. The Service Provider shall respond to the complaint immediately, no later than within 10 working days.

 

  1. PRODUCT AND ORDERING INFORMATION

4.1. The www.bryzka.com Store conducts retail sales of Products via the Internet in the Republic of Poland and abroad.

4.2. The Products offered in the Store are manufactured by the Seller in the Poland, free from physical defects (and in the case of physical defects – they are presented in the description of the Product and possibly in the photos) and legal and have been legally introduced to the Polish market. It is possible to make more Products to order, the details of such an order, i.e. the total price of the Order, shipping cost and payment method are determined individually.

4.3. All Products in the Store have a limited number of pieces, Orders for them will be processed in the order in which they are received until the stock of a given Product is exhausted.

4.4. The information contained on the Shop’s websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the terms and conditions specified in its description.

4.5. The price of the Product displayed on the Shop’s website is given in Polish zlotys (PLN) and includes taxes and these are gross prices.  In the English version of the store, the prices of Products are quoted in euros (EUR). The Customer is informed about the total price of the subject of the Order, as well as about the delivery costs (including fees for transport, delivery and postal services) on the Online Shop when placing the Order, including at the time the Customer expresses willingness to be bound by the Sales Agreement.

4.6. The price of the Product displayed on the Shop website is binding at the time of placing the Order by the Customer and will not change regardless of the price changes in the Shop that may appear in relation to individual Products’s prices after the Customer places the Order.

4.7. Orders for finished Products visible in the Store can be placed through the website using the Order Form (Store www.bryzka.com).

4.8. Individual orders for a larger number of Products and inquiries regarding the possibility of their implementation by the Seller and their details should be sent to the Seller’s e-mail address: abryzka@gmail.com.

4.9. The condition for placing an Order in the Shop by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.

 

  1. CONCLUSION OF A SALES CONTRACT

5.1. The Shop, before confirming the purchase, provides the Customer with the following information: a detailed description of the product and its features; The total price of the products ordered, including taxes, transportation, delivery, or postal charges, and a summary of the total amount of the order with the delivery option selected. concerning the manner and time of performance by the entrepreneur.

5.2. Purchasing a Product does not require registration in the Store.

5.3. Placing an order is done using the form available on the store’s website, available after pressing the “order” button under the description of a given product, or in the summary of the shopping list/basket, in which the Customer provides the following data:

    1. Name and surname/or company name 
    2. E-mail address 
    3. Phone number 
    4. Tax Identification Number (NIP) (for customers – entrepreneurs) 
    5. Shipping Address Details 

5.4. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Shop in accordance with clauses 4.7 and 4.8. Rules.

5.5. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution if payment for the Order has been made.

Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the order placement, which contains at least the Seller’s statements about the receipt of 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 Contract of Sale is concluded between the Customer and the Seller.

5.6. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the website of the Online Shop and (2) sending the Customer an e-mail message referred to in clause 5.5. Rules. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

5.9. For each Product sold by the Store, an invoice or other settlement document is issued in accordance with the applicable tax regulations. The invoice is delivered electronically to the e-mail address provided by the Client. Acceptance of the Terms and Conditions is at the same time a consent to send invoices in electronic form.  

 

  1. PAYMENT METHODS AND TERMS

6.1. The Seller provides the following payment method: payment by traditional bank transfer; via PayU; via PayPal; card payment with PayU.

6.1.1. Payment to the Seller’s bank account: ING Bank Śląski, account number: 05 1050 1461 1000 0097 2772 8256

For international transfers:

IBAN: PL 05 1050 1461 1000 0097 2772 8256

KOD BIC SWIFT: INGBPLPW

6.1.2. Payment in cash to the Seller by prior arrangement.

6.2. The Client is obliged to pay the price under the Sales Agreement within 3 working days from the date of its conclusion, unless the Sales Agreement provides otherwise. Payment is made when the Seller receives the payment for the Order on his bank account.

6.3. The product will be prepared for shipment and shipped only after it has been paid.

6.4. If an Order is made and the payment is not credited to the Order within three (3) days, the Order shall be cancelled. After three (3) business days from placing the Order, if the payment has not been credited, the Customer will receive a reminder to the e-mail address provided.  

6.5. The product can be shipped without payment if agreed with the Seller in advance.

6.6. In case of technical problems when placing an Order, the Store will contact the Customer to confirm the order within 48 hours. If there is no confirmation, the order will be cancelled.  

 

  1. COST, DATE AND DELIVERY METHODS OF THE PRODUCT

7.1. Products are sold and shipped within the territory of the Republic of Poland.

7.2. The cost of delivery of the Product(s) is determined during the process of placing the Order and depends on the choice of the delivery method of the Product.

7.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:

7.3.1. Via the Polish Post in Poland

7.3.2. Via InPost in Poland and abroad.

7.3.3. Via DPD courier in Poland.

At the prices indicated on the website at the time of ordering.

The cost and time of international shipments varies and depends on the carrier. If there are no prior arrangements with the Customer, the Product is sent abroad via the Polish Post. 

7.4. Personal collection after prepayment from the Seller’s headquarters at a time set by the Seller and convenient for the Customer.

7.5. The delivery date of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier. The time of completing the Product is 5 working days. The delivery of the Product by the carrier takes place within the time declared by the carrier. 

7.6. If the ordered goods are not in stock and it is not possible to send the goods within the deadline specified in the Terms and Conditions, the Customer, after placing the order, is informed about the inconveniences, about the new order completion date and all other details regarding the order are discussed with the Customer.

7.7. The goods are packed collectively in one shipment, unless the Customer chooses otherwise, about which he informs the store staff by e-mail to the address of the abryzka@gmail.com or in the comments to the order. The price of one shipment is specified in the “Shipping and payment” tab. This cost will be multiplied by the number of shipments set.

The customer will be notified about the shipment by e-mail. You will be able to track your shipment on the website of the selected carrier by entering the tracking number sent by email.

7.8. The maximum delivery time according to the Consumer Rights Act is up to 30 days. If the deadline specified in the previous sentence is exceeded, the Consumer has the right to assign additional time to the seller. If the goods are still not delivered, the customer may withdraw from the contract.

7.9. If the goods are to be sent by the Shop to the Customer who is a consumer, the risk of accidental loss or damage to the item (goods) is transferred to the Customer at the moment of its delivery to the Customer. Delivery of an item (goods) is considered to be entrusted by the Store to the carrier, if the Store had no influence on the buyer’s choice of the carrier.

7.10. Information Form (instruction on withdrawal from the agreement) and the form on withdrawal from the agreement – the forms constitute Appendix No. 1 and 2 to these Regulations.

7.11. Along with the Product, an invoice confirming the purchase is issued, which the Seller sends in electronic form to the e-mail address provided by the Customer in the form. If the Buyer needs to have a physical invoice, it should be reported to the Seller in advance by e-mail: abryzka@gmail.com or in the purchase form.

7.12. Each Client registering and/or placing an order agrees to receive information related to the course of the transaction, notifications of changes to these Terms and Conditions to the e-mail address provided by him/her.

7.13. Other information concerning the operation of the Website, as well as commercial information about new products or services of the Website, promotions of the Website and promoting the products of the Administrator’s partners will be sent only to those Customers who have given their consent.

 

  1. GIFT CERTIFICATES.

8.1. General Provisions. These Terms and Conditions apply to gift cards purchased from the Store. Gift cards can be used on the Store website (www.bryzka.com). The voucher is not valid in brick-and-mortar stores or for individual orders.

8.2. Payment Terms. A Gift Voucher can only be used to pay for the entire order or part of the order if the value of the card is equal to or less than the value of the Products purchased. If the value of the gift card is less than the total value of the purchase, the Customer may select an additional payment method to complete the transaction.

8.3. Disposability. A gift card can only be used once. If the total value of the Gift Voucher is not used, the Store will generate a replacement code, which will be sent electronically to the e-mail address indicated by the Customer.

8.4. Validity period. The gift voucher is valid for 3 months from the date of purchase. After the validity period expires, you will not be able to make a purchase using a gift card.

8.5. Delivery. The Gift Voucher and its unique code are received by the Customer within 1-5 working days from placing the order to the e-mail address provided when placing the order.

8.6. Refunds. In the event that you choose to return a Product purchased with a gift card, you will receive a replacement code and, if an additional payment method has been used, a refund of the amount paid with that payment method. A replacement code will be sent to the Customer at the email address provided by the Customer as soon as the refund has been processed. The customer is required to provide a valid email address to which a replacement code will be sent. If the correct e-mail address cannot be determined, the Store reserves the right to withhold the delivery of the replacement code until the correct e-mail address of the Customer is determined. Gift cards and replacement codes cannot be exchanged for cash.

8.7. Refund Guarantee. The customer has 14 calendar days (starting on the day after the order is delivered) to cancel the gift card order. In order to cancel a card order, you should immediately contact the Merchant at kontakt@bryzka.com

 

  1. PRODUCT COMPLAINT

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

9.2. The Seller is obliged to inform about any defects of the Product in its description, if any, otherwise the Seller is obliged to deliver the Product to the Customer without defects.

9.3. Warranty Complaint:

9.3.1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer, under the warranty covering physical and legal defects, are specified in the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 of 24 June 2014).

9.3.2. Notification of defects in the Product and submission of a relevant request may be made via e-mail to the following address: abryzka@gmail.com; or in writing to the following address: 19 Piaskowa Street, 08-540 Stężyca; or by phone + 48 533-786-868.

9.3.3. In the above message, in written or electronic form and by phone, the Customer should provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will make it much easier and faster for the Seller to consider the complaint.

9.4. In order to facilitate the submission of complaints, a sample complaint form has been placed on the website of the bryzka.com store, which can also be obtained by writing to the address abryzka@gmail.com. The use of this form is optional.

9.5. When filing a complaint, please provide the following data: name and surname of the Customer, address, data allowing for the identification of the sale (e.g. login, order number, transaction date), subject and reason of the complaint, contact details.

Specifying the manner of fulfilling the Shop’s obligations in the scope of the complaint regarding the occurrence of physical or legal defects of the goods, the Customer who is a consumer has the right to submit a statement on the reduction of the price or withdrawal from the contract, unless the Shop immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect.This restriction does not apply if the item has already been replaced or repaired by the seller (Store) or the Store has not complied with the obligation to replace the item with a defect-free one or to remove the defect.

9.6. If the Client is a Consumer, he/she may demand replacement of the item with a defect-free one instead of the defect removal proposed by the Shop, or demand the removal of the defect instead of replacing the item, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Shop.When assessing the excessiveness of costs, the value of the item free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by any other method of satisfaction are taken into account.

9.7. In order to assess the physical defects of the Product, it should be delivered to the following address: 19 Piaskowa Street, 08-540 Stężyca, unless the Seller agrees to send photos of the defective product by the Buyer and after the initial examination finds that the product actually has a defect. In such a case, the Seller sets individual terms of termination of the contract, repair or replacement of goods, etc.

9.8. The Seller shall respond to the Customer’s request immediately, no later than 10 working days from the notification.

9.9. In the case of a complaint of a Customer who is a Consumer – failure to consider the complaint within 10 working days of notification is tantamount to its acceptance. In connection with a justified complaint of a Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with a defect-free one.

9.10. The Client shall be notified of the resolution of the complaint in the same way as the complaint was sent, unless the Client reserves a different form of contact. The resolution of the complaint will be additionally sent electronically to the e-mail address indicated by the Client.

9.11. In the event of a positive resolution of the complaint, the Shop shall send the Goods to the Customer free from defects or with the defect removed within a reasonable time. If it is not possible to repair or replace the product with a new one, the Store, in accordance with the alternative request submitted by the Customer, will reduce the price or refund the equivalent of the price of the product, increased by shipping costs.

 

  1. RIGHT OF WITHDRAWAL

10.1. Subject to clause 9.9. of the Terms and Conditions, the Client who is also a Consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in point 9.6. Rules. To meet the deadline, it is sufficient to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:

(1) in writing to the following address: 19 Piaskowa Street, 08-540 Stężyca, (2) in electronic form via e-mail to the address abryzka@gmail.com.

10.2. In the event of withdrawal from the contract, the Contract of Sale is deemed not to have been concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which the Seller withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before the deadline.

10.3. In the event of withdrawal from the Sales Agreement, the Product must be returned to the following address: 19 Piaskowa Street, 08-540 Stężyca.

10.4. The Consumer shall be liable for any reduction in the value of the Product resulting from the use of the Product beyond what is necessary to determine the nature, characteristics and functioning of the Product.

10.5. Subject to clause 9.6. The Seller shall refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of return that does not involve any costs for him.

10.6. Possible costs related to the Consumer’s withdrawal from the agreement, which the Consumer is obliged to bear:

10.6.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Store, the Seller is not obliged to reimburse the consumer for any additional costs incurred.

10.6.2. The Consumer bears the direct costs of returning the Product to the Seller.

10.7. If the Seller has not offered to collect the Product from the Consumer himself, the Seller may withhold the refund of payments received from the Consumer until the item is returned or the Consumer provides proof of its return, whichever occurs first.

10.8. The period of 14 days within which the Consumer may withdraw from the agreement is counted from the date on which the Consumer took possession of the Product, and in the case of a service, from the date of conclusion of the agreement.

10.9. The Consumer does not have the right to withdraw from a distance contract in the case of a Sales Agreement in which:

10.9.1. The subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to meet his individualized needs;

10.9.2. The subject of the service 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 has been opened after delivery;

10.9.3. The subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;

10.9.4. The subject of the service is a service, if the Seller has fully performed the service with the express consent of the Consumer, who has been informed before the commencement of the service that after the performance by the Seller he will lose the right to withdraw from the contract;

10.10. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer (Consumer) in the event of failure of the other party to the contract to perform its obligation within a strictly specified period.

 

  1. PERSONAL DATA IN THE ONLINE SHOP

11.1. The administrator of the personal data of Service Recipients/Customers collected through the Online Shop www.bryzka.com is Aneta Bryzek conducting business activity under the name Bryzka Aneta Bryzek entered into the Central Registration and Information on Economic Activity of the Republic of Poland kept by the minister competent for the economy, place of business and address for service: 19 Piaskowa Street, 08-540 Stężyca, NIP 5060099393, REGON 385818110,  e-mail address abryzka@gmail.com.

11.2. Personal data collected by the Controller through the website are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR.

11.3. Personal data of Service Recipients/Clients collected by the Administrator through the Online Shop are collected in accordance with the will of the Service Recipient/Client in order to:

11.3.1. Processing of personal data pursuant to Article 6(1)(b) of the Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) in the context of the provision of online services to data subjects, version 2.0, 8 October 2019.

11.3.2. Concluding an agreement for the provision of Electronic Service.

11.4. Possible recipients of personal data of the Online Shop Customers:

11.4.1. An entity carrying out the delivery of the Product on behalf of the Administrator (in the case of a Customer who uses a delivery method other than personal collection in the Online Store).

11.4.2. Provider of software needed to run the Online Store.

11.4.3. Relevant public authorities to the extent that the Controller is obliged to make data available to them.

11.5. Period of storage of the Service Recipient’s personal data by the Administrator:

11.5.1. In the event that the basis for data processing is the performance of the Sales Agreement, the Service Recipient’s personal data shall be stored by the Administrator for as long as it is necessary for the performance of the Agreement, and after this time for the period corresponding to the period of limitation of claims.

11.5.2. If the basis for data processing is the consent of the Service Recipient, his/her personal data shall be stored by the Controller until the consent is revoked, and after the withdrawal of consent for a period of time corresponding to the period of limitation of claims that the Controller may raise and that may be raised against him.

11.6. The Service Recipient has the right to access their personal data, rectify it, delete it, limit its processing, object to its processing. A request in this regard may be made, for example:

11.6.1. In writing to the following address: 19 Piaskowa Street, 08-540 Stężyca, Poland,

11.6.2. In electronic form to the following e-mail address: abryzka@gmail.com.

11.7. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Terms and Conditions necessary to conclude the Sales Agreement or the agreement for the provision of Electronic Services results in the inability to conclude such an agreement. The data necessary to conclude the Sales Agreement or the contract for the provision of Electronic Services are also indicated each time on the website of the Online Shop before concluding a given agreement.

 

  1. PROVISIONS CONCERNING ENTREPRENEURS

12.1. This paragraph contains provisions that apply only to Customers who are not Consumers.

12.2. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.

12.3. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

12.4. The Seller has the right to limit the payment methods made available by the Seller in relation to Customers who are not Consumers, including the requirement to make a prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

12.5. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass to the non-Consumer Customer upon delivery of the Product by the Seller to the carrier. In such a case, the Seller shall not be liable for loss, depletion or damage to the Product occurring from the moment the Product is accepted for carriage until it is delivered to the Customer, as well as for any delay in the shipment.

12.6. If the Product is shipped 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 customary for shipments of this type. If it finds that the Product has been lost or damaged during transport, it is obliged to take all steps necessary to determine the carrier’s liability.

12.7. The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.

 

  1. INTELLECTUAL PROPERTY

13.1. All content posted on the Shop’s website at www.bryzka.com is protected by copyright and (subject to clause 12.3 of the Terms and Conditions and elements used on the basis of license, transfer of copyrights or fair use) is the property of Aneta Bryzek conducting business activity under the abbreviated name Bryzka Aneta Bryzek, 19 Piaskowa Street, 08-540 Stężyca, NIP 5060099393, REGON 385181110. The Service Recipient bears full responsibility for damage caused to the Service Provider resulting from the use of any content of the www.bryzka.com Store without the Service Provider’s consent.

13.2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the www.bryzka.com website constitutes an infringement of the Service Provider’s copyright and results in civil and criminal liability.

13.3. All trade names, Product names, company names and their logos used on the www.bryzka.com Shop website are the property of their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the www.bryzka.com Store’s website are used for informational purposes.

 

  1. FINAL PROVISIONS

14.1. Agreements concluded through the Store are concluded in the Polish language, in accordance with Polish law.

14.2. In the event of non-compliance of any part of the Terms and Conditions with the applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.

14.3. Any disputes arising from the Sales Contracts between the Store and the Consumers shall be resolved in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this would be impossible or unsatisfactory to either party, disputes will be resolved in accordance with clause 13.4. of the Rules of Procedure, by a competent common court.

14.4. Judicial Dispute Resolution:

14.4.1. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).

14.4.2. Any disputes arising between the Service Provider and the Service Recipient (Client) who is not also a Consumer shall be submitted to the court competent for the registered office of the Service Provider.

14.5. Information on the possibility of using out-of-court complaint and redress procedures by the Client who is a consumer and the rules of access to these procedures are available at the registered offices and on the websites of the county (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade 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;  http://www.uokik.gov.pl/wazne_adresy.php; 

14.5.1. A Client who is a consumer has m.in the following options to use out-of-court complaint handling and redress methods:

*Permanent consumer arbitration court operating at the Trade Inspection – the possibility of filing a motion to settle a dispute arising from the concluded Sales Agreement;

* the Provincial Inspector of the Trade Inspection may request the initiation of mediation proceedings in an amicable case until the dispute between the Customer and the store is resolved;

*a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, 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 porady@dlakonsumentow.pl 

*Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/ 

Pobierz: Załącznik do regulaminu - INFORMACJE DOTYCZĄCE KORZYSTANIA Z PRAWA ODSTĄPIENIA OD UMOWY