TERMS AND CONDITIONS OF THE BEHEMOTH-STORE.COM ONLINE STORE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS OF CONCLUDING THE SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE CONTRACT
- PROVISIONS RELATING TO ENTREPRENEURS
- REVIEWS ABOUT PRODUCTS
- FINAL PROVISIONS
- TEMPLATE WITHDRAWAL FROM THE CONTRACT
The www.behemoth-store.com Online Store cares for the rights of consumers. The consumer cannot waiver the rights granted based on the Consumer Rights Act. Any agreement provisions less favorable to the consumer, than those in the Consumer Rights Act are void and in their place corresponding provisions of the Consumer Rights Act shall be applied. For that reason, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of consumers granted based on the strictly binding legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In the case of any possible nonconformity between the provisions of these Terms and Conditions with the above regulations, the above regulations take priority and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the address www.behemoth-store.com is operated by MACIEJ GRUSZKA who operates a business enterprise under the business name "BEHEMOTH WEBSTORE" MACIEJ GRUSZKA entered into the Central Registry and Information on Business of the Republic of Poland (PL- CEIDG) kept by the competent minister of economy, with an address of business operation: "BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland; and the same service address, Tax ID: PL5842331183, REGON: 220949515, electronic mail address: support@behemoth-store.com.
1.2. These Terms and Conditions are intended for consumers, as well as entrepreneurs who use the Online Store unless a specific condition says otherwise and is intended only for consumers or only for entrepreneurs.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, for a period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the Online Store website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
1.5. Definitions:
1.5.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.5.2. REGISTRATION FORM – an electronic form available at the Online Store which enables the establishment of an Account.
1.5.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of delivery and payment.
1.5.4. CUSTOMER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
1.5.5. CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).
1.5.6. ACCOUNT – Electronic Service, annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Online Store.
1.5.7. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Store.
1.5.8. PRODUCT – a movable item or chattel available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
1.5.9. TERMS AND CONDITIONS – the following Online Store terms and conditions.
1.5.10. ONLINE STORE – the Service Provider’s store available at the Internet address: www.behemoth-store.com.
1.5.11. SELLER; SERVICE PROVIDER – MACIEJ GRUSZKA who operates a business enterprise under the business name "BEHEMOTH WEBSTORE" MACIEJ GRUSZKA entered into the Central Registry and Information on Business of the Republic of Poland (PL- CEIDG) kept by the competent minister of economy, with an address of business operation: "BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland and the same service address, Tax ID: PL5842331183, REGON: 220949515, electronic mail address: support@behemoth-store.com.
1.5.12. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Customer and the Seller via the Online Service website.
1.5.13. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store’s website.
1.5.14. SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law bestows legal capacity – who uses or intends to use the Electronic Service.
1.5.15. THE CONSUMER RIGHTS ACT, THE ACT – the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended)
1.5.16. ORDER – a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
2.1. The Online Store provides access to the following Electronic Services: Account, Order Form and Newsletter.
2.1.1. Account – use of the Account is possible after performing a total of three subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the „Register an account” field and (3) confirming creation of the Account by clicking the confirmation link automatically sent to the e-mail address provided by the User. The Registration Form requires the Service User to provide the following data: e-mail address and password. Creation of an Account is also possible during placement of an Order – in this case the Account shall be created together with the placed Order.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider, in particular via e-mail at the address: support@behemoth-store.com or in writing at the address: "BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland.
2.1.2. Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “I order with the obligation to pay” button on the Online Store’s Website after filling out the Order form – from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Customer to provide the following data: name and surname/company name (if you purchase as a company), address (street, house/flat number, postal code, town/city, country, state), e-mail address, contact telephone number and information regarding the Sales Agreement: Product/s, quantity of Products, place and method of Product delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.
2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. Newsletter – use of the Newsletter commences after completion by the User of a total of three steps – (1) provision of name and an e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab available at the Online Store’s website, (2) clicking the „Subscribe” button and (3) confirming the Newsletter subscription by clicking the confirmation link sent to the e-mail address provided.
2.1.3.1. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, particularly via e-mail at the address: support@behemoth-store.com or in writing at the address: "BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland.
2.2. Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop, smartphone or other multimedia device with Internet access; (2) e-mail access; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabled option to save Cookie files and Javascript support in the Internet browser.
2.3. The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which is true and accurate. The Service User is also prohibited from entering content which is illegal in nature.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6. Regulations.
3. TERMS OF CONCLUDING SALES AGREEMENTS
3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order by the Customer via the Order Form available in the Online Store, according to pt. 2.1.2 of the Terms and Conditions.
3.2. The Product price visible on the Online Service’s website is given in indicated currency and includes taxes if applicable. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sale’s Agreement.
3.3. Procedure of Sales Agreement Conclusion at the Online Store using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and Seller takes place after prior placement by the Customer of an Order in the Online Store as per pt. 2.1.2 of the Terms and Conditions.
3.3.2. After placement of the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Receipt confirmation of the Order and its acceptance for execution is effected by way of the Seller sending the Customer a message at the e-mail address provided by the Customer, containing at the least the Seller’s statement regarding receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and Seller is concluded.
3.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the message mentioned in pt. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.
4. METHODS AND TERMS OF PRODUCT PAYMENT
4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:
4.1.1. Payment via transfer to the Seller’s bank account.
4.1.1.1. Bank: Bank Pekao SA
4.1.1.2. IBAN Account number PL 40 1240 1271 1111 0011 2667 1592
4.1.2. Electronic and pay-card payments via the Stripe, Klarna, P24 or PayPal.com services – up to date possible payment methods are provided on the Online Store’s website under the “Payment methods” tab and on the https://stripe.com, https://klarna.com , https://www.przelewy24.pl/en or https://www.paypal.com website.
4.1.2.1. Settlements of electronic and pay card payment transactions are carried out according to the Customer’s choice via the Stripe, P24 or PayPal.com service. Servicing of electronic and pay card payments is handled by:
4.1.2.1.2. Paypal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A. Company, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.
4.1.2.1.3 Stripe.com - 510 Townsend Street San Francisco California 94103, USA
4.1.2.1.4. Klarna.com - Stockholm, Sveavägen 46 , Sweden
4.1.2.1.5. Przelewy24.com - ul. Pastelowa 8, 60-198 Poznań, POLAND
4.2. Payment term:
4.2.1. If the Customer selects payment by bank transfer, he/she is obliged to effect the payment within 4 calendar days of the date of the signing of the Contract of Sale. If the Customer selects electronic payment or credit card payment, he/she is obliged to effect the payment within 3 calendar days of the date of the signing of the Contract of Sale.
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
5.1. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The Product delivery cost (including transport, delivery and postal service charges) are made available to the Customer on the Online Store’s website under the “Shipping Policy” tab and during placement of an Order, as well as at the time of the Customer expressing the will to enter into a Sales Agreement.
5.2. The Seller offers Customers the following Product delivery methods:
5.2.1. Postal service.
5.2.2. Courier service
5.3. The time of delivery of the Product to the Customer is up to 40 Business Days depending on the delivery country, unless in the description of a given Product or during placing an Order a shorter term was indicated. In the case of Products with different delivery times, the delivery deadline shall be the longest time given which may not exceed 40 Business Days. Starting point for delivery of the Product to the Customer shall be calculated in the following manner::
5.3.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. The basis and scope of liability are defined by generally applicable laws, in particular the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).
6.2.1. Detailed provisions regarding the complaint of the Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022 are set out in the provisions of the Civil Code in the wording in force until December 31, 2022, in particular art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty). The Seller is obliged to deliver the Product to the Customer without defects. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence to the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions regarding the complaint of the Product - a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023. are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.2.3. Detailed provisions regarding the complaint of a Product - digital content or service or a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 or before that date, if the delivery of such a Product was take place or took place after that date are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.3. A complaint can be submitted by the Customer in the following ways:
6.3.1. in writing to the following address: "BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland;
6.3.2. in electronic form via e-mail to the following address: support@behemoth-store.com;
6.3.3. in electronic form via the store functionality (link on the main page and in Customer's account pages)
6.4. The Product may be sent or returned under the complaint to the following address: "BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland;
6.5. It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
6.6. In the event of a change in the contact details provided by the person submitting the complaint during the consideration of the complaint, he is obliged to notify the Seller about it.
6.7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person lodging the complaint to provide additional information or send evidence (e.g. photos), if this facilitates and speeds up the consideration of the complaint by the Seller.
6.8. The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission. If the Customer who is a consumer requested the item exchange or a faulty removal or sent the price decrease statement stating the new price, and the Seller does not respond to the complaint within the abovementioned period, it means that the Seller has deemed the complaint as justified.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELLAS RULES OF ACCESS TO THOSE PROCEDURES
7.1. Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available at the offices and websites of district (municipal) consumer advocates, social organizations, whose statutory tasks include the protection of consumers, Regional Commercial Inspection Inspectorates 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 oraz http://www.uokik.gov.pl/wazne_adresy.php.
7.2. A Customer who is a consumer has the following options of extrajudicial methods of settling complaints and asserting claims:
7.2.1. The Customer is entitled to address the amicable consumers’ court which is mentioned in art. 37 of the 15th of December 2000 Commercial Inspection Act (Journal of Laws of 2001, no. 4 pos. 25 further amended) with an application to settle a dispute resulting from the concluded Sales Agreement. The regulations of the organization and functioning of amicable consumers’ courts are specified by the 25th of September 2001 decree by the minister of justice on the definition of rules of organization and operation of amicable consumers’ courts (Journal of Laws of 2001, no. 113, pos. 1214).
7.2.2. The Customer is entitled to address the regional inspector of the Commercial Inspection authority in accordance with art. 36 of the 15th of December 2000 Commercial Inspection Act (Journal of Laws of 2001 no. 4 pos. 25 further amended) with an application to institute a mediation proceeding regarding the amicable settlement of a dispute between the Customer and Seller. Information regarding the rules and procedures of mediation conducted by the regional inspector of the Commercial Inspection authority is available at the offices or on the websites of corresponding Commercial Inspection Regional Inspectorates.
7.2.3. The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute settlement to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller's business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at the address advice@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Business Days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr, a platform for an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM AN AGREEMENT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing at the address: "BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland;
8.1.2. electronically via e-mail at the address: support@behemoth-store.com;
8.2. Return of the Product - movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the following address: "BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland;
8.3. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations. The consumer may use the form template, but it is not mandatory.
8.4. The deadline to withdraw from the contract begins:
8.4.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;
8.4.2. for other agreements – on the agreement conclusion date.
8.5. In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
8.6. Products - movables, including movables with digital elements:
8.6.1. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual method of delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return , whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect unless the Seller has offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
8.6.3. The consumer is liable for a decrease in the value of the Product - a movable item (including a movable item with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products - digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) they were produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and accepted it's for your attention; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery ; (6) in which the subject of the service are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract in relation to to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service users who are not consumers.
9.2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
9.4. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.
9.5. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.
9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.
9.7. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.
9.8. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited - both within a single claim, as well as for any claims in total - to the amount of the price paid and the cost of delivery in respect of the Contract for Sale, but not more than the amount of one thousand Polish Zlotys. The Service Provider/Seller shall be accountable to the Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be held accountable for lost profits to the Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Service Provider/Seller and the non-consumer Service User/Client shall be settled by a court of competent jurisdiction over the Service Provider’s/Seller’s seat.
9.10. The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.
9.11. The seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. REVIEWS ABOUT PRODUCTS
10.1. The Seller enables its Customers to issue and access opinions about the Products and the Online Store on the terms set out in this section of the Regulations.
10.2. It is possible to leave an opinion by the Customer after using the form that allows adding an opinion about the Product or the Online Store. This form may be made available directly on the Online Store website (including using an external widget) or it may be made available via an individual link received by the Customer after the purchase to the e-mail address provided by him. When adding an opinion, the Customer may also add a graphic assessment or a photo of the Product - if such an option is available in the opinion form.
10.3. An opinion on the Product may be issued only for the Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or apparent Sales Agreements in order to issue an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
10.4. Adding opinions by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. By adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and decency.
10.5. Opinions can be made available directly on the Online Store website (e.g. on a given Product) or on an external website collecting opinions cooperating with the Seller and to which it refers on the Online Store website (including by means of an external widget placed on the Online Store website).
10.6. The Seller ensures that the published opinions about the Products come from its Customers who purchased the Product. To this end, the Seller takes the following actions to check whether the opinions come from its Customers:
10.6.1. Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Service Provider. The verification consists in checking the compliance of the opinion with the Regulations, in particular checking whether the reviewing person is a Customer of the Online Store - in this case, the Seller checks whether that person has made a purchase in the Online Store, and in the case of an opinion about the Product, he additionally checks whether he purchased the reviewed Product. Verification takes place without undue delay.
10.6.2. The Seller sends to its Customers (including via an external website collecting opinions with which it cooperates) an individual link to the e-mail address provided by it during the purchase - in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.
10.6.3. In case of doubts of the Seller or reservations addressed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he is actually a Customer of the Online Store or purchased the reviewed Product.
10.7. Any comments, appeals against the review of opinions, or reservations as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
10.8. The Seller does not post or commission any other person to post false customer reviews or recommendations, and does not distort customer reviews or recommendations in order to promote its Products. The seller provides both positive and negative reviews. The seller does not provide sponsored reviews.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are drawn up in the store language.
11.2. Amendment of Terms and Conditions:
11.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.
11.2.2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384 of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
11.2.3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
11.3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Agreements concluded before the 24th of December 2014 with consumer Customers – provisions of the 2nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales agreements concluded after the 25th of December 2014 with consumer Customers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.
12. MODEL WITHDRAWAL FORM
Model withdrawal form
(This form must be completed and returned only if you fish to withdraw from the contract)
- Recipient:
"BEHEMOTH WEBSTORE"
"BEHEMOTH WEBSTORE", Gdyńska 99, 80-297 Miszewo, Poland
behemoth-store.com
- I/We (*) hereby inform of my/our withdrawal from the contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for specific task consisting in making the following goods(*)/provision of the following services(* )
- Date of the contract(*)/reception(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is sent by letter)
- Date
(*) Delete as appropriate.