TERMS AND CONDITIONS OF THE ONLINE STORE

BROGSHOP.PL

TABLE OF CONTENTS

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE

3. CONDITIONS FOR CONCLUDING SALES AGREEMENTS

4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS

5. SHIPPING COSTS, METHODS AND DELIVERY TIMES, AND PRODUCT COLLECTION

6. PRODUCT COMPLAINTS

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES GOVERNING ACCESS TO THESE PROCEDURES

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLICABLE TO SALES AGREEMENTS CONCLUDED ON OR AFTER 25 DECEMBER 2014)

9. PROVISIONS APPLICABLE TO BUSINESS CUSTOMERS

10. FINAL PROVISIONS

11. MODEL WITHDRAWAL FORM

The Online Store www.brogshop.pl respects consumer rights. Consumers may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions that are less favourable to consumers than the provisions of the Consumer Rights Act are invalid, and the relevant statutory provisions shall apply in their place. Accordingly, these Terms and Conditions are not intended to exclude or limit any consumer rights arising under mandatory provisions of law, and any doubts shall be resolved in favour of the consumer. In the event of any inconsistency between these Terms and Conditions and the aforementioned statutory provisions, the statutory provisions shall prevail and apply.

1. GENERAL PROVISIONS

1.1. The Online Store available at www.brogshop.pl is operated by ZBIGNIEW BEDNARCZYK, conducting business under the name WYRÓB GALANTERII DRZEWNEJ – PRACOWNIA FAJEK MR BRÓG ZBIGNIEW BEDNARCZYK, registered in the Central Registration and Information on Business of the Republic of Poland (CEIDG), maintained by the minister responsible for economic affairs. The business premises and address for service are: Ostrów 656, 37-700 Przemyśl, Poland; Tax Identification Number (NIP): 7951068047; Statistical Identification Number (REGON): 650156753; email address: kontakt@brogshop.pl; telephone: +48 570-814-076.

1.2. These Terms and Conditions apply to both Consumers and business customers using the Online Store, except for Section 9, which applies exclusively to business customers.

1.3. The Service Provider is the controller of personal data processed in connection with the performance of these Terms and Conditions. Personal data are processed for the purposes, to the extent and in accordance with the principles set out in the Privacy Policy published on the Online Store website. Providing personal data is voluntary. Every person whose personal data are processed by the Service Provider has the right to access their data and to update and correct them.

1.4. Definitions

1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.2. REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.

1.4.3. ORDER FORM – an Electronic Service consisting of an interactive form available in the Online Store that enables Customers to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the delivery and payment methods.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity; (2) a legal person; or (3) an organisational unit without legal personality that is granted legal capacity by law, which has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – the Act of 23 April 1964, the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).

1.4.6. ACCOUNT – an Electronic Service consisting of a collection of resources within the Service Provider’s ICT system, identified by an individual username and password provided by the Service User, in which the Service User’s data and information about Orders placed by them in the Online Store are stored.

1.4.7. PRODUCT – a movable item or service available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.

1.4.8. TERMS AND CONDITIONS – these terms and conditions of the Online Store.

1.4.9. ONLINE STORE – the Service Provider’s online store available at www.brogshop.pl.

1.4.10. SELLER; SERVICE PROVIDER – ZBIGNIEW BEDNARCZYK, conducting business under the name WYRÓB GALANTERII DRZEWNEJ – PRACOWNIA FAJEK MR BRÓG ZBIGNIEW BEDNARCZYK, registered in the Central Registration and Information on Business of the Republic of Poland (CEIDG), maintained by the minister responsible for economic affairs. Business premises and address for service: Ostrów 656, 37-700 Przemyśl, Poland; Tax Identification Number (NIP): 7951068047; Statistical Identification Number (REGON): 650156753; email address: kontakt@brogshop.pl; telephone: +48 570-814-076.

1.4.11. SALES AGREEMENT – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller through the Online Store.

1.4.12. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User through the Online Store.

1.4.13. SERVICE USER – (1) a natural person with full legal capacity or, in cases provided for by generally applicable law, a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality that is granted legal capacity by law, who uses or intends to use an Electronic Service.

1.4.14. CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

1.4.15. ORDER – a declaration of intent made by the Customer using the Order Form, directly intended to conclude a Sales Agreement for a Product with the Seller.

2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account and Order Form.

2.1.1. Account – the Account can be used after the Service User completes the following three steps: (1) fills in the Registration Form; (2) clicks the “Register” button; and (3) confirms their intention to create an Account by clicking the confirmation link automatically sent to the email address provided.

The Registration Form requires the Service User to provide the following information: first and last name, address (street, building/apartment number, postal code, city and country), email address, contact telephone number and password. Service Users who are not Consumers must also provide their business name and Tax Identification Number (NIP).

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may delete their Account at any time and without giving a reason by submitting an appropriate request to the Service Provider, in particular by email to kontakt@brogshop.pl or in writing to: Ostrów 656, 37-700 Przemyśl, Poland.

2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes the following two steps: (1) fills in the Order Form; and (2) clicks the “Confirm Purchase” button on the Online Store website after completing the form. Until this point, the Customer may independently modify the information entered by following the messages displayed and the information available on the Online Store website.

The Order Form requires the Customer to provide the following information: first and last name, address (street, building/apartment number, postal code, city and country), email address and contact telephone number, as well as information concerning the Sales Agreement: the Product(s), quantities, delivery address and method, and payment method. Customers who are not Consumers must also provide their business name and Tax Identification Number (NIP).

2.1.2.1. The Order Form Electronic Service is provided free of charge, is a one-off service and ends when an Order is placed through the form or when the Service User stops placing an Order through the form before completing the process.

2.2. Technical requirements necessary to interact with the Service Provider’s ICT system:

1. A desktop computer, laptop or other multimedia device with Internet access.

2. Access to an email account.

3. A web browser: Mozilla Firefox version 17.0 or later, Internet Explorer version 10.0 or later, Opera version 12.0 or later, Google Chrome version 23.0 or later, or Safari version 5.0 or later.

4. Recommended minimum screen resolution: 1024 × 768.

5. The web browser must allow cookies to be stored and JavaScript to run.

2.3. The Service User must use the Online Store in compliance with the law and good commercial practice, with due respect for the personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Service User must provide information that is accurate and consistent with the facts. The Service User is prohibited from supplying unlawful content.

2.4. Complaint procedure

2.4.1. Complaints relating to Electronic Services provided by the Service Provider and other complaints concerning the operation of the Online Store, excluding Product complaints governed by Section 6 of these Terms and Conditions, may be submitted by the Service User, for example, in the following ways:

2.4.2. In writing to: Ostrów 656, 37-700 Przemyśl, Poland.

2.4.3. Electronically by email to: kontakt@brogshop.pl.

2.4.4. When describing a complaint, the Service User is advised to provide: (1) information and circumstances relating to the subject of the complaint, in particular the nature of the irregularity and the date on which it occurred; (2) the remedy requested by the Service User; and (3) the complainant’s contact details. This will facilitate and expedite the handling of the complaint. These requirements are recommendations only, and failure to provide the suggested information does not affect the validity of a complaint.

2.4.5. The Service Provider shall respond to a complaint without undue delay and no later than 14 calendar days from the date on which it was submitted.

3. CONDITIONS FOR CONCLUDING SALES AGREEMENTS

3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with Section 2.1.2 of these Terms and Conditions.

3.2. The Product price displayed on the Online Store website is stated in Polish zlotys (PLN) and includes taxes. The Customer is informed on the Online Store website, during the ordering process and when expressing their intention to enter into the Sales Agreement, of the total price of the Product(s) covered by the Order, including taxes, delivery costs (including transportation, delivery and postal service charges) and any other costs. Where the amount of such charges cannot be determined in advance, the Customer is informed of the obligation to pay them.

3.3. Procedure for concluding a Sales Agreement through the Order Form

3.3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with Section 2.1.2 of these Terms and Conditions.

3.3.2. Upon receiving an Order, the Seller shall promptly confirm its receipt and accept it for processing. Confirmation of receipt and acceptance for processing shall be sent by email to the address provided by the Customer during the ordering process. The email shall include, at a minimum, the Seller’s confirmation that the Order has been received and accepted for processing, together with confirmation that the Sales Agreement has been concluded. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives this email.

3.4. The contents of the Sales Agreement are recorded, secured and made available to the Customer by: (1) making these Terms and Conditions available on the Online Store website; and (2) sending the Customer the email referred to in Section 3.3.2. The contents of the Sales Agreement are also recorded and secured in the Seller’s Online Store IT system.

4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS

4.1. The Seller offers the Customer the following payment methods under the Sales Agreement:

4.1.1. Cash on delivery, payable when the parcel is delivered.

4.1.2. Cash payment upon personal collection.

4.1.3. Bank transfer to the Seller’s bank account.

4.1.3.1. Bank: mBank S.A.

4.1.3.2. Account number: PL81 1140 2004 0000 3712 2636 6167.

4.1.4. Electronic payments and debit/credit card payments through PayU.pl or PayPal.com. The payment methods currently available are specified on the Online Store website under “Payment Methods” and on the websites http://www.payu.pl and https://www.paypal.com/pl.

4.1.4.1. Electronic payment and payment card transactions are processed, at the Customer’s choice, through PayU.pl or PayPal.com. Payment processing services are provided by:

4.1.4.1.1. PayU.pl – PayU S.A., with its registered office in Poznań, at ul. Grunwaldzka 182, 60-166 Poznań, Poland, entered in the Register of Entrepreneurs of the National Court Register under number 0000274399. Its registration files are held by the District Court Poznań–Nowe Miasto and Wilda in Poznań. Share capital: PLN 4,000,000, fully paid up. Tax Identification Number (NIP): 779-23-08-495.

4.1.4.1.2. PayPal.com – PayPal (Europe) S.à r.l. et Cie, S.C.A., 5th floor, 22–24 Boulevard Royal, L-2449 Luxembourg.

4.2. Payment deadlines

4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer must make the payment within 14 calendar days from the date on which the Sales Agreement is concluded.

4.2.2. If the Customer chooses cash on delivery or cash payment upon personal collection, payment must be made when the parcel is delivered or the Product is collected, as applicable.

5. SHIPPING COSTS, METHODS AND DELIVERY TIMES, AND PRODUCT COLLECTION

5.1. Product delivery is available within the territory of the countries of the European Union.

5.2. Delivery of the Product to the Customer is subject to a fee unless the Sales Agreement provides otherwise. Delivery costs, including transportation, delivery and postal service charges, are displayed on the Online Store website under “Shipping Costs” and during the ordering process, including when the Customer expresses their intention to enter into the Sales Agreement.

5.3. Personal collection of the Product by the Customer is free of charge.

5.4. The Seller offers the following delivery and collection methods:

5.4.1. Postal delivery, including cash-on-delivery postal service.

5.4.2. Courier delivery.

5.4.3. Parcel locker delivery, including cash-on-delivery parcel locker service.

5.4.4. Personal collection at: Ostrów 656, 37-700 Przemyśl, Poland, on Business Days between 08:00 and 15:00.

5.5. The Product delivery period is up to 30 Business Days, unless a shorter period is specified in the relevant Product description or during the ordering process. If an Order includes Products with different delivery times, the longest specified period shall apply, provided that it does not exceed 30 Business Days.

The delivery period begins as follows:

5.5.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the delivery period begins on the date the funds are credited to the Seller’s bank account or settlement account.

5.5.2. If the Customer chooses cash on delivery, the delivery period begins on the date the Sales Agreement is concluded.

5.6. Product readiness for personal collection – if the Customer chooses personal collection, the Product will be ready for collection within 15 Business Days, unless a shorter period is specified in the relevant Product description or during the ordering process. If an Order includes Products with different collection readiness times, the longest specified period shall apply, provided that it does not exceed 15 Business Days. The Seller shall additionally notify the Customer when the Product is ready for collection.

The collection readiness period begins as follows:

5.6.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the period begins on the date the funds are credited to the Seller’s bank account or settlement account.

5.6.2. If the Customer chooses cash payment upon personal collection, the period begins on the date the Sales Agreement is concluded. 

6. PRODUCT COMPLAINTS

6.1. The basis and scope of the Seller’s liability to the Customer where a sold Product has a physical or legal defect (statutory warranty under Polish law, rękojmia) are governed by generally applicable laws, in particular the Civil Code.

For Sales Agreements concluded on or before 24 December 2014, the basis and scope of the Seller’s liability to a Customer who is a natural person purchasing a Product for purposes unrelated to their professional or business activity, on account of the Product’s non-conformity with the Sales Agreement, are governed by generally applicable laws, in particular the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sales and Amendments to the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended).

6.2. The Seller is obliged to deliver Products to the Customer free from defects. Detailed information regarding the Seller’s liability for Product defects and the Customer’s rights is available on the Online Store website under “Complaints and Returns”.

6.3. A complaint may be submitted by the Customer, for example:

6.3.1. In writing to: Ostrów 656, 37-700 Przemyśl, Poland.

6.3.2. By email to: kontakt@brogshop.pl.

6.4. When describing a complaint, the Customer is advised to provide: (1) information and circumstances relating to the subject of the complaint, in particular the type of defect and the date on which it was discovered; (2) the remedy requested to bring the Product into conformity with the Sales Agreement, or a declaration requesting a price reduction or withdrawal from the Sales Agreement; and (3) the complainant’s contact details. This will facilitate and expedite the handling of the complaint by the Seller. These requirements are recommendations only, and failure to provide the suggested information does not affect the validity of a complaint.

6.5. The Seller shall respond to the Customer’s complaint without undue delay and no later than 14 calendar days from the date on which it was submitted. Failure by the Seller to respond within this period shall mean that the complaint has been acknowledged as justified.

6.6. A Customer exercising rights under the statutory warranty (rękojmia) is obliged to deliver the defective Product to the Seller, at the Seller’s expense, to the following address: Ostrów 656, 37-700 Przemyśl, Poland. If delivery by the Customer would be excessively difficult due to the nature of the Product or the way it is installed, the Customer must make the Product available to the Seller at the place where it is located.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES GOVERNING ACCESS TO THESE PROCEDURES

7.1. Detailed information regarding the possibility for Customers who are Consumers to use out-of-court complaint-handling and dispute-resolution procedures, as well as the rules governing access to these procedures, is available from district and municipal consumer ombudsmen, social organisations whose statutory purpose is consumer protection, and the Regional Inspectorates of the Trade Inspection Authority. Information is also available on the following websites of the Polish Office of Competition and Consumer Protection (UOKiK):

• http://www.uokik.gov.pl/spory_konsumenckie.php

• http://www.uokik.gov.pl/sprawy_indywidualne.php

• http://www.uokik.gov.pl/wazne_adresy.php

7.2. A Customer who is a Consumer may, for example, use the following out-of-court complaint-handling and dispute-resolution procedures:

7.2.1. The Customer may apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), requesting a resolution of a dispute arising from the concluded Sales Agreement. The rules governing the organisation and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on the Rules Governing the Organisation and Operation of Permanent Consumer Arbitration Courts (Journal of Laws of 2001, No. 113, item 1214).

7.2.2. The Customer may apply to the relevant Regional Inspector of the Trade Inspection Authority, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), requesting the initiation of mediation proceedings aimed at an amicable resolution of the dispute between the Customer and the Seller. Information about the principles and procedure governing mediation conducted by Regional Inspectors of the Trade Inspection Authority is available at the offices and on the websites of the respective Regional Inspectorates.

7.2.3. The Customer may obtain free assistance in resolving a dispute with the Seller from a district or municipal consumer ombudsman or a social organisation whose statutory purpose is consumer protection, including the Consumer Federation (Federacja Konsumentów) and the Polish Consumers Association (Stowarzyszenie Konsumentów Polskich). The Consumer Federation provides advice at porady@dlakonsumentow.pl, while the Polish Consumers Association offers a free consumer helpline at 800 889 866.

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

(Applicable to Sales Agreements concluded on or after 25 December 2014)

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 Section 8.8 of these Terms and Conditions. To meet the deadline, it is sufficient to send the withdrawal statement before the expiry of the 14-day period.

A withdrawal statement may be submitted, for example:

8.1.1. In writing to: Ostrów 656, 37-700 Przemyśl, Poland.

8.1.2. By email to: kontakt@brogshop.pl.

8.2. A model withdrawal form is provided in Annex 2 to the Consumer Rights Act. It is also available in Section 11 of these Terms and Conditions and on the Online Store website under “Complaints and Returns”. The Consumer may use this form but is not obliged to do so.

8.3. The withdrawal period begins:

8.3.1. For a contract under which the Seller transfers ownership of a Product to the Consumer, including a Sales Agreement, the period begins when the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the Product. Where the contract: (1) covers multiple Products delivered separately, in batches or in parts, the period begins when the Consumer takes possession of the last Product, batch or part; or (2) provides for regular delivery of Products over a specified period, the period begins when the Consumer takes possession of the first Product.

8.3.2. For other contracts, the withdrawal period begins on the date the contract is concluded.

8.4. If a Consumer withdraws from a distance contract, the contract is deemed not to have been concluded.

8.5. The Seller must refund all payments received from the Consumer, including the costs of delivering the Product, without undue delay and no later than 14 calendar days from the date on which the Seller receives the Consumer’s withdrawal statement. The refund excludes any additional delivery costs resulting from the Consumer having chosen a delivery method other than the least expensive standard delivery method offered by the Online Store.

The Seller shall refund the payments using the same payment method used by the Consumer for the original transaction, unless the Consumer has expressly agreed to a different method that does not incur any costs for them. If the Seller has not offered to collect the Product from the Consumer, the Seller may withhold the refund until the Product has been received back or the Consumer has provided proof of having sent it back, whichever occurs first.

8.6. The Consumer must return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without undue delay and no later than 14 calendar days from the date on which the Consumer withdrew from the contract, unless the Seller has offered to collect the Product. The deadline is met if the Product is sent back before the expiry of the 14-day period.

The Product may be returned to the following address: Ostrów 656, 37-700 Przemyśl, Poland.

8.7. The Consumer is liable for any reduction in the value of the Product resulting from handling it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.

8.8. Possible costs associated with withdrawal from the contract payable by the Consumer

8.8.1. If the Consumer has chosen a delivery method other than the least expensive standard delivery method offered by the Online Store, the Seller is not obliged to reimburse the additional delivery costs incurred by the Consumer.

8.8.2. The Consumer bears the direct costs of returning the Product.

8.8.3. If the Product is a service and performance began, at the Consumer’s express request, before the expiry of the withdrawal period, the Consumer who subsequently exercises the right of withdrawal after making such a request must pay for the services provided up to the time of withdrawal. The amount payable shall be calculated in proportion to the services performed, taking into account the price or remuneration agreed in the contract. If that price or remuneration is excessive, the calculation shall be based on the market value of the services performed.

8.9. The right to withdraw from a distance contract does not apply to contracts:

8.9.1. (1) For the provision of services where the Seller has fully performed the service with the Consumer’s express consent, after informing the Consumer before performance began that the right of withdrawal would be lost once the service had been fully performed;

(2) In which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control that may occur before the withdrawal period expires;

(3) In which the subject matter is a non-prefabricated Product manufactured according to the Consumer’s specifications or intended to meet the Consumer’s individual needs;

(4) In which the subject matter is a Product liable to deteriorate rapidly or with a short shelf life;

(5) In which the subject matter is a Product delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery;

(6) In which the subject matter consists of Products that, after delivery, become inseparably mixed or combined with other items due to their nature;

(7) In which the subject matter consists of alcoholic beverages whose price was agreed upon when the Sales Agreement was concluded, whose delivery can take place only after 30 days, and whose value depends on market fluctuations beyond the Seller’s control;

(8) In which the Consumer has expressly requested the Seller to visit them to carry out urgent repairs or maintenance. If the Seller provides additional services beyond those expressly requested by the Consumer or supplies Products other than spare parts necessary for the repair or maintenance, the Consumer retains the right of withdrawal in respect of those additional services or Products;

(9) In which the subject matter consists of audio or video recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;

(10) For the supply of newspapers, periodicals or magazines, except for subscription contracts;

(11) Concluded through a public auction;

(12) For accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure activities, entertainment, sporting or cultural events, where the contract specifies the date or period of service provision;

(13) For the supply of digital content not provided on a tangible medium, where performance has begun with the Consumer’s express consent before the expiry of the withdrawal period and after the Seller has informed the Consumer that the right of withdrawal would be lost.

8.9.2. Information for Consumers on the Right to Withdraw from a Distance Contract

As a Consumer, you have the right to withdraw from a contract concluded through the Online Store within 14 days without giving any reason.

The withdrawal period expires 14 days after the day on which you, or a third party designated by you other than the carrier, take possession of the goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement, for example by letter sent by post or by email. You may send your statement using either of the following methods:

• In writing to: BrogShop.pl, Ostrów 656, 37-700 Przemyśl, Poland.

• By email to: kontakt@brogshop.pl.

Withdraw from the contract here.

A model withdrawal form is provided in Annex 2 to the Consumer Rights Act and is also available on the Online Store website under “Withdrawal from the Contract”. You may use the model withdrawal form, but this is not obligatory.

To meet the withdrawal deadline, it is sufficient to send the information concerning your exercise of the right of withdrawal before the withdrawal period expires.

If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivering the goods, except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us. The reimbursement will be made without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to withdraw from this contract.

We will make the reimbursement using the same payment method you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever occurs first.

If you have received the goods, please send them back or hand them over to us at: Ostrów 656, 37-700 Przemyśl, Poland, without undue delay and in any event no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods back before the 14-day period expires.

You will have to bear the direct cost of returning the goods. You are liable only for any reduction in the value of the goods resulting from handling them in a way other than what is necessary to establish their nature, characteristics and functioning. 

9. PROVISIONS APPLICABLE TO BUSINESS CUSTOMERS

9.1. This section of the Terms and Conditions and the provisions contained herein apply exclusively to Customers and Service Users who are not Consumers.

9.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 calendar days from the date on which the agreement was concluded. In such cases, the Seller may withdraw from the Sales Agreement without giving any reason, and the non-Consumer Customer shall have no claims against the Seller arising from such withdrawal.

9.3. In the case of Customers who are not Consumers, the Seller may restrict the available payment methods, including requiring full or partial advance payment, regardless of the payment method selected by the Customer or whether the Sales Agreement has already been concluded.

9.4. When the Seller hands the Product over to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss of or damage to the Product, pass to the Customer who is not a Consumer. In such cases, the Seller shall not be liable for any loss of, shortage of or damage to the Product occurring between its acceptance for carriage and its delivery to the Customer, nor for delays in the carriage of the parcel.

9.5. If a Product is delivered to a Customer who is not a Consumer through a carrier, the Customer is obliged to inspect the parcel at the time and in the manner customary for parcels of that kind. If the Customer discovers that the Product has been lost in part or damaged during transport, they must take all steps necessary to establish the carrier’s liability.

9.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty (rękojmia) for Products sold to Customers who are not Consumers is excluded.

9.7. In the case of Service Users who are not Consumers, the Service Provider may terminate an agreement for the provision of an Electronic Service with immediate effect and without stating any reason by sending the Service User an appropriate notice.

9.8. The liability of the Service Provider/Seller towards a Service User/Customer who is not a Consumer, regardless of its legal basis, is limited both in respect of individual claims and in respect of all claims in aggregate to the amount of the price paid and delivery costs under the Sales Agreement, but in no event to more than PLN 1,000.

The Service Provider/Seller shall be liable towards a Service User/Customer who is not a Consumer only for typical losses foreseeable at the time the contract was concluded and shall not be liable for lost profits.

9.9. Any disputes arising between the Seller/Service Provider and a Customer/Service User who is not a Consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1. Contracts concluded through the Online Store are concluded in Polish.

10.2. Amendments to the Terms and Conditions

10.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, including changes in applicable law and changes to payment or delivery methods, insofar as such changes affect the implementation of these Terms and Conditions.

10.2.2. Where agreements of a continuous nature are concluded under these Terms and Conditions, such as an agreement for the provision of the Account Electronic Service, the amended Terms and Conditions shall be binding on the Service User provided that the requirements set out in Articles 384 and 384¹ of the Civil Code are met. This means that the Service User must be duly notified of the amendments and must not terminate the agreement within 14 calendar days from the date of notification.

If an amendment to the Terms and Conditions introduces any new fees or increases existing fees, a Service User who is a Consumer has the right to withdraw from the agreement.

10.2.3. Where agreements other than agreements of a continuous nature are concluded under these Terms and Conditions, such as Sales Agreements, amendments to the Terms and Conditions shall not affect any rights acquired by Service Users/Customers who are Consumers before the amendments enter into force. In particular, such amendments shall not affect Orders already being placed or submitted, or Sales Agreements already concluded, being performed or completed.

10.3. Matters not regulated by these Terms and Conditions shall be governed by the generally applicable provisions of Polish law, in particular:

• The Civil Code.

• The Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended).

• For Sales Agreements concluded on or before 24 December 2014 with Customers who are Consumers, the Act of 2 March 2000 on the Protection of Certain Consumer Rights and Liability for Damage Caused by Dangerous Products (Journal of Laws of 2000, No. 22, item 271, as amended), and the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sales and Amendments to the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended).

• For Sales Agreements concluded on or after 25 December 2014 with Customers who are Consumers, the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

• Any other applicable provisions of generally binding law.

10.4. By making a purchase in the Online Store, the Customer consents to the transfer of their email address to Opineo Sp. z o.o., with its registered office in Wrocław, ul. Zelwerowicza 20, 53-676 Wrocław, Poland, for the purpose of completing a survey and submitting a review of the transaction carried out in the Online Store. This provision refers to the Act of 29 August 1997 on the Protection of Personal Data.

11. MODEL WITHDRAWAL FORM

(Annex No. 2 to the Consumer Rights Act)

Model Withdrawal Form

(This form should be completed and returned only if you wish to withdraw from the contract.)

Addressee:

WYRÓB GALANTERII DRZEWNEJ – PRACOWNIA FAJEK MR BRÓG ZBIGNIEW BEDNARCZYK

Ostrów 656, 37-700 Przemyśl, Poland

brogshop.pl

kontakt@brogshop.pl

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods (), contract for the supply of the following goods (), contract for work involving the production of the following goods (), or contract for the provision of the following service (*).

Date of conclusion of the contract () / date of receipt ()

..............................................................................

Name and surname of the Consumer(s)

..............................................................................

Address of the Consumer(s)

..............................................................................

Signature of the Consumer(s)
(Only if this form is submitted in paper form.)

..............................................................................

Date

..............................................................................

(*) Delete as appropriate.

Download the Terms and Conditions: LINK