Termeni de utilizare
Terms and Conditions
TERMS AND CONDITIONS OF THE BEHEMOTH-STORE.COM ONLINE STORE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
- TERMS OF CONCLUDING SALES AGREEMENTS
- METHODS AND TERMS OF PRODUCT PAYMENTS
- COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
- PRODUCT COMPLAINTS
- EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THOSE PROCEDURES
- RIGHT TO WITHDRAW FROM AN AGREEMENT
- PROVISIONS REGARDING ENTREPRENEURS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
- POTENTIALLY OFFENSIVE CONTENT – USER STATEMENT
The www.behemoth-store.com Online Store cares for the rights of consumers. The consumer cannot waive the rights granted under the Consumer Rights Act. Any provisions of these Terms and Conditions that are less favorable to the consumer than those in the Consumer Rights Act are void, and the corresponding provisions of the Consumer Rights Act shall apply instead. These Terms and Conditions are not intended to exclude or limit any consumer rights arising from mandatory law; any doubts shall be interpreted in favor of the consumer. In case of any discrepancy between these Terms and Conditions and the mandatory provisions of law, the latter shall prevail.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.behemoth-store.com is operated by MACIEJ GRUSZKA conducting business under the name “BEHEMOTH WEBSTORE” MACIEJ GRUSZKA, entered in the Central Registration and Information on Business of the Republic of Poland (CEIDG), with business address: ul. Gdyńska 99, 80-297 Miszewo, Poland, and the same address for service. Tax ID (NIP): PL5842331183, REGON: 220949515, e-mail: support@behemoth-store.com.
1.2. These Terms and Conditions are intended for consumers as well as entrepreneurs using the Online Store, unless a specific provision states otherwise (addressed only to consumers or only to entrepreneurs).
1.3. The Seller is the controller of personal data processed in connection with these Terms and Conditions. Personal data is processed for the purposes, scope and on the basis set out in the Privacy Policy available on the Online Store. The Privacy Policy explains, in particular, the bases, purposes and scope of processing, data subject rights, and information about cookies and analytics. Using the Online Store (including purchases) is voluntary; the provision of personal data by the Service User/Customer is voluntary, subject to exceptions indicated in the Privacy Policy (e.g., data necessary to conclude a contract or fulfill statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY – Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – an electronic form available in the Store enabling Account creation.
1.4.3. ORDER FORM – an Electronic Service; an interactive form enabling Order placement, in particular by adding a Product to the cart and choosing delivery/payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity (and in cases provided by law, a natural person with limited capacity); (2) a legal person; or (3) an organizational unit without legal personality granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Polish Civil Code of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service; an individual account (login + password) within the Service Provider’s ICT system storing User data and Order history.
1.4.7. NEWSLETTER – an Electronic Service; a service whereby subscribed Users receive periodic e-mails with information on Products, new releases and promotions.
1.4.8. PRODUCT – a movable item available in the Store being the subject of a Sales Agreement (e.g., music releases, apparel, accessories) or a digital service.
1.4.9. TERMS AND CONDITIONS – these Online Store terms and conditions.
1.4.10. ONLINE STORE / STORE – the store available at www.behemoth-store.com.
1.4.11. SELLER / SERVICE PROVIDER – as in point 1.1.
1.4.12. SALES AGREEMENT – an agreement for the sale of a Product concluded or being concluded between the Customer and the Seller via the Store.
1.4.13. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider via the Store’s website.
1.4.14. SERVICE USER – an entity using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 item 827, as amended).
1.4.16. ORDER – a Customer’s declaration of intent submitted via the Order Form directly aimed at concluding a Sales Agreement for a Product with the Seller.
1.4.17. VINTAGE HELL / USED GOODS – a Store section offering second-hand / vintage apparel and accessories. These items are used and may show signs of wear. Each listing specifies the condition and any visible defects; such signs of wear form part of the description of the Product.
1.5. The Store serves both B2C and B2B customers. The Seller issues VAT invoices only. Where an invoice is issued in PLN for an order placed/paid in a foreign currency, the amount may be converted according to the average NBP exchange rate from the Business Day preceding the invoice date (unless the invoice indicates otherwise).
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
2.1. The Store provides the following Electronic Services: Account, Order Form, and Newsletter.
2.1.1. Account. Account use is possible after: (1) completing the Registration Form, (2) clicking “Register an account”, and (3) confirming via the link sent to the provided e-mail. Account creation is also possible during Order placement. The Registration Form requires: name, surname, address, phone, e-mail, password. You may delete the Account at any time by request to support@behemoth-store.com or by mail to the address in 1.1.
2.1.2. Order Form. Use begins when the first Product is added to the cart. Order placement requires: (1) completing the form and (2) clicking “ORDER – Order with obligation to pay”. Required data: name/surname or company, address (street, number, postal code, city, country), e-mail, phone, as well as selected Products, quantities, delivery method/location, payment method; for non-consumer Customers also company name and tax ID.
2.1.3. Newsletter. Subscription requires: (1) providing your name and e-mail in the “Newsletter” tab, (2) clicking “Subscribe”, and (3) confirming via the link sent to your e-mail. You may unsubscribe at any time by e-mail or mail as above.
2.2. Technical requirements: (1) a device with Internet access and a modern browser; (2) e-mail access; (3) enabled cookies (functional) and JavaScript; (4) recommended minimum screen resolution: 1024×768.
2.3. The Service User shall use the Store in accordance with law and good customs, with respect for personal rights, copyrights and intellectual property of the Service Provider and third parties, and shall provide true and accurate data. The Service User is prohibited from submitting unlawful content.
2.4. Complaint procedure for Electronic Services.
2.4.1. Complaints regarding Electronic Services (excluding Product complaints under section 6) may be submitted: (a) in writing to “BEHEMOTH WEBSTORE”, ul. Gdyńska 99, 80-297 Miszewo, Poland; (b) by e-mail to support@behemoth-store.com.
2.4.2. For efficient handling, please include: (1) information and circumstances of the complaint (type/date of irregularity), (2) your request, and (3) contact details. These are recommendations only and do not affect the effectiveness of complaints submitted without them.
2.4.3. The Service Provider shall respond without undue delay, no later than 14 calendar days from submission.
3. TERMS OF CONCLUDING SALES AGREEMENTS
3.1. A Sales Agreement is concluded after the Customer places an Order via the Order Form (see 2.1.2).
3.2. Product prices shown in the Store are displayed in available local currencies and include taxes unless stated otherwise. The Customer is informed of the total Product price, delivery costs (including transport, courier, postal charges) and any other charges (or the obligation to bear such costs if they cannot be determined in advance) before placing the Order and again when expressing the will to conclude the Sales Agreement.
3.2a. Used Goods (Vintage Hell). By purchasing from the Vintage Hell section, the Customer acknowledges that the Product is second-hand and conforms to the description and photos, including documented signs of prior use. Differences typical for second-hand items (fading, micro-cracks in print, minor stains, loose threads, pinholes, shrinkage consistent with age, etc.) do not constitute a lack of conformity if they were disclosed or are inherent to the described condition.
3.3. Procedure using the Order Form.
3.3.1. After the Order is placed, the Seller promptly confirms receipt and accepts it for processing by e-mail sent to the address provided by the Customer. Upon receipt of such e-mail by the Customer, the Sales Agreement is concluded.
3.4. The content of the concluded Sales Agreement is recorded and secured in the Seller’s ICT system. The Customer receives these Terms and Conditions via the Store and a confirmation e-mail as per 3.3.1.
4. METHODS AND TERMS OF PRODUCT PAYMENTS
4.1. Available payment methods:
4.1.1. Bank transfer to the Seller’s account (Bank: PEKAO S.A.; Account number PLN: PL40 1240 1271 1111 0011 2667 1592).
4.1.2. Electronic payments and card payments via Shop Pay and/or PayPal. Up-to-date methods are listed in the Store under “Payment and commissions information” and on shopify.com/shop-pay and paypal.com.
4.1.2.1. Payment processing providers may include, in particular: (a) Stripe (Stripe Payments Europe / affiliated entities); (b) PayPal – PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg; (c) Shopify (Shopify Inc., 151 O’Connor Street, Ottawa, ON K2P 2L8, Canada).
4.2. Payment term.
4.2.1. If the Customer selects bank transfer – payment should be made within 3 calendar days from the date of concluding the Sales Agreement. For electronic/card payments – within 3 calendar days from the date of concluding the Sales Agreement (unless the payment gateway processes the payment instantly).
4.3. Invoicing and currency. The Seller issues VAT invoices only. Where required, amounts may be converted to PLN at the average NBP exchange rate from the Business Day preceding the invoice date.
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
5.1. Product delivery to the Customer is subject to a charge unless the Sales Agreement provides otherwise. Delivery costs (transport, courier, postal services) are displayed in the Store under “Delivery information”, during Order placement, and again when the Customer confirms the intention to conclude the Sales Agreement.
5.2. Delivery methods offered by the Seller include: postal services and tracked courier/parcel services. Depending on the destination country, delivery may be carried out by postal operators in the destination country (local last-mile delivery) and/or their subcontractors.
5.3. Delivery time. Maximum delivery time to the Customer is up to 40 Working Days depending on the destination country, unless a shorter time is indicated in the Product description or during Order placement. Estimated transit times shown at checkout are indicative and may vary due to destination processing, local delivery networks (postal operators), peak periods, weather, or customs procedures. For Orders with multiple Products having different delivery times, the overall delivery time shall be the longest indicated (not exceeding 40 Working Days). For many destinations within Europe, delivery is typically completed within approximately up to 10 Working Days; worldwide delivery times vary depending on the destination and local last-mile operator.
5.3.1. If the Customer selects bank transfer or electronic/card payment – the delivery time is counted from the date the Seller’s bank/merchant account is credited.
5.4. Import duties & taxes (DDP vs. DAP/DDU). For selected destinations, the Seller may offer DDP (Delivered Duty Paid), where duties/taxes and clearance-related charges are collected at checkout (when available) and are not payable upon delivery. For other destinations, delivery may be provided as DAP/DDU, meaning any import duties, VAT and other import taxes may be charged by customs or the carrier and must be paid by the recipient.
6. PRODUCT COMPLAINTS
6.1. The Seller is liable towards consumer Customers for the lack of conformity of the goods with the contract in accordance with applicable law, in particular Directive (EU) 2019/771 as implemented in Polish law.
6.2. A Product is conforming if it matches the description, type, quantity, quality and other features set out in the contract and publicly presented by the Seller. For second-hand Products, expected durability and appearance are assessed with regard to the item’s age and prior use.
6.2a. Used Goods – liability period. For second-hand goods purchased by consumers, the parties agree that the Seller’s liability period for lack of conformity is shortened to 12 months from delivery (to the extent permitted by applicable law). This does not affect the statutory reversal of burden of proof or other mandatory consumer rights to the extent applicable.
6.3. Submitting a complaint. Complaints may be submitted: (a) in writing to “BEHEMOTH WEBSTORE”, ul. Gdyńska 99, 80-297 Miszewo, Poland; (b) by e-mail to support@behemoth-store.com; (c) via the Store’s complaint functionality (link on the main page and in Account pages).
6.4. For efficient handling, please include: (1) information and circumstances regarding the subject of the complaint (type/date of defect), (2) your request (repair/replacement/price reduction/withdrawal), and (3) contact details. These are recommendations only and do not affect the effectiveness of complaints submitted without them. In case of Vintage Hell items, please include photos indicating the reported issue to speed up assessment.
6.5. The Seller shall respond without undue delay, no later than 14 calendar days from submission. If a consumer Customer requests replacement or defect removal, or submits a price reduction statement specifying the reduced price, and the Seller does not respond within the above time limit, the complaint is deemed accepted.
6.6. The Customer exercising warranty rights shall deliver the defective Product at the Seller’s expense to: “BEHEMOTH WEBSTORE”, ul. Gdyńska 99, 80-297 Miszewo, Poland, unless the Product’s nature makes shipment excessively difficult; in such case the Customer shall make it available at its location.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THOSE PROCEDURES
7.1. Consumers may use out-of-court dispute resolution (ADR) mechanisms available in their country of residence (e.g., consumer ombudsman, Trade Inspection mediators) and the European Consumer Centre (ECC) network for cross-border assistance. Up-to-date guidance is available from the European Commission’s consumer redress pages.
7.2. Notice: The EU Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025. Any references or links to the ODR platform are no longer active. For cross-border disputes, please contact your national ADR body or the ECC (European Consumer Centre) competent for your country.
8. RIGHT TO WITHDRAW FROM AN AGREEMENT
(APPLIES TO DISTANCE SALES AGREEMENTS)
8.1. A Consumer who concluded a distance agreement may withdraw within 14 calendar days without stating a reason and without costs, except as set out in 8.8. To meet the deadline, it is sufficient to send the withdrawal statement before expiry. The statement may be submitted: (a) in writing to “BEHEMOTH WEBSTORE”, ul. Gdyńska 99, 80-297 Miszewo, Poland; (b) by e-mail to support@behemoth-store.com.
8.2. A model withdrawal form (non-mandatory) is attached hereto (section 11) and available in the Store under “Returns and replacement”.
8.3. Commencement of the withdrawal period:
8.3.1. For agreements under which the Seller releases a Product under the obligation to transfer its ownership – from the date the Consumer or a third party other than the carrier takes possession of the Product; for agreements: (1) covering multiple Products delivered separately, in batches or parts – from taking possession of the last Product, batch or part; (2) involving regular delivery over a defined period – from taking possession of the first Product.
8.3.2. For other agreements – from the date of conclusion of the agreement.
8.4. In the event of withdrawal from a distance agreement, the agreement is deemed not concluded.
8.5. The Seller shall promptly, no later than 14 calendar days from receipt of the Consumer’s withdrawal statement, refund all payments received from the Consumer, including delivery costs (except additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery offered by the Store). The Seller shall refund using the same payment method used by the Consumer unless the Consumer expressly agrees to a different method with no additional costs. If the Seller does not offer to collect the Product, the refund may be withheld until receipt of the Product or proof of its return, whichever occurs first.
8.6. The Consumer shall return the Product without undue delay, no later than 14 calendar days from the withdrawal date, unless the Seller has offered to collect it. The deadline is met if the Product is sent back before its expiry. Return address: “BEHEMOTH WEBSTORE”, ul. Gdyńska 99, 80-297 Miszewo, Poland.
8.7. The Consumer is responsible for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.
8.7a. Used apparel. Second-hand apparel from Vintage Hell may be tried on indoors to the extent necessary to check size and fit, taking reasonable care. The Consumer is liable for any diminished value resulting from handling beyond what is necessary (e.g., soiling, added odors, removal of Seller’s tags where provided).
8.8. Possible costs for the Consumer in case of withdrawal:
8.8.1. If the Consumer chose a delivery method more expensive than the least costly standard delivery offered by the Store, the Seller is not obliged to refund additional costs.
8.8.2. The Consumer bears the direct costs of returning the Product.
8.8.3. For services begun—at the explicit request of the Consumer—before the withdrawal deadline, the Consumer shall pay for services provided until withdrawal, proportionally to the agreed price (or market value where applicable).
8.9. Exclusions. The right of withdrawal does not apply in the cases set out by EU and national law, including in particular sealed goods not suitable for return for health or hygiene reasons once unsealed. Ordinary second-hand T-shirts and hoodies generally do not fall under this hygiene exception unless supplied sealed for hygiene and opened after delivery. Other exclusions remain as listed herein.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. This section applies exclusively to Customers/Users who are not consumers.
9.2. The Seller may withdraw from a Sales Agreement with a non-consumer Customer within 14 calendar days of its conclusion without stating a reason; such withdrawal does not entitle the Customer to claims against the Seller.
9.3. The Seller may limit available payment methods and require full/partial prepayment from non-consumer Customers irrespective of the chosen payment method or the conclusion of the Sales Agreement.
9.4. Upon the Seller handing over the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage pass to the non-consumer Customer. The Seller shall not be liable for loss/damage or delay in transport from hand-over to delivery.
9.5. A non-consumer Customer shall inspect the shipment in due time and manner typical for such deliveries; in case of loss/damage, the Customer shall take all steps necessary to determine the carrier’s liability.
9.6. Pursuant to Article 558 §1 of the Civil Code, the Seller’s liability under statutory warranty towards a non-consumer Customer is excluded to the greatest extent permitted by law.
9.7. For non-consumer Users, the Service Provider may terminate Electronic Service agreements with immediate effect without stating a reason by notice sent to the User.
9.8. The Service Provider’s/Seller’s liability towards a non-consumer User/Customer, regardless of legal basis, is limited—per claim and in aggregate—to the price paid plus delivery costs for the contract, but not more than PLN 1,000, for typical foreseeable damages only; liability for lost profits is excluded.
9.9. Disputes with non-consumer Users/Customers shall be resolved by courts having jurisdiction over the Seller’s registered seat.
10. FINAL PROVISIONS
10.1. Agreements concluded through the Online Store are drawn up in Polish or English (depending on the language version used by the Customer). In case of discrepancies, the Polish version may prevail where required by law.
10.2. Amendments.
10.2.1. The Service Provider may amend these Terms and Conditions for important reasons (e.g., change in law, payment/delivery methods) to the extent such changes affect the execution hereof.
10.2.2. For continuous services (e.g., Account), amendments are binding if the User is duly notified under Articles 384 and 3841 of the Civil Code and does not terminate within 14 calendar days from notification. If an amendment introduces new fees or increases existing ones, the consumer User may withdraw from the agreement.
10.2.3. For non-continuous agreements (e.g., concluded Sales Agreements), amendments do not affect rights acquired prior to their effective date, in particular existing Orders/Agreements.
10.3. Applicable law. In matters not regulated herein, the commonly applicable laws of Poland shall apply, in particular the Civil Code, the Act on Rendering Electronic Services of 18 July 2002, and—depending on the date of conclusion—provisions of the Consumer Rights Act of 30 May 2014, as amended.
11. MODEL WITHDRAWAL FORM
Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)
– Recipient:
“BEHEMOTH WEBSTORE”
ul. Gdyńska 99, 80-297 Miszewo, Poland
behemoth-store.com
support@behemoth-store.com
– I/We (*) hereby inform of my/our withdrawal from the contract for the sale/supply of the following goods(*) / provision of the following services(*):
………………………………………………………………………………………………………
– Date of the contract(*)/receipt(*): ……………………………
– Name of consumer(s): ……………………………
– Address of consumer(s): ……………………………
– Signature of consumer(s) (only if this form is sent by letter): ……………………………
– Date: ……………………………
(*) Delete as appropriate.
12. POTENTIALLY OFFENSIVE CONTENT – USER STATEMENT
12.1. The Behemoth Webstore may include content, graphics, symbols and descriptions that could be considered controversial or potentially offensive to religious or personal beliefs.
12.2. Entering the Website after the content warning (disclaimer) is displayed constitutes the User’s acknowledgment and acceptance of such content. The User accesses and uses the Website solely at their own risk.
12.3. To the extent permitted by law, the User waives civil claims against Behemoth and the Behemoth Webstore arising from the perception of the above content. This does not exclude or limit mandatory consumer rights nor any rights that cannot be waived (including the possibility to submit a notice to law-enforcement authorities).