Legal notice

Regulations

TERMS AND CONDITIONS OF THE ONLINE STORE "BATYCKI"

§ 1 Collection of terms

1. Postal address - name or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, apartment or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code and locality.
2. Complaint address - MS Sp. z o.o., based in Gdansk (80-719) at 12 Litewska Street.
3. Contact information: address: MS Sp. z o.o. with registered office in Gdańsk (80-719) at 12 Litewska Street, e-mail: sklep@batycki.eu, phone: +48 512 020 302, Bank account no: Santander Bank Polska S.A. No. 27 1090 1098 0000 0001 3687 7147
4. Delivery - a type of shipping service with the carrier and cost listed in the delivery price list. Delivery of products is free of charge only within Poland.
5. Proof of purchase - e.g. an invoice, bill, receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
6. Product card - a single sub-page of an online store containing information about a single product.
7. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
8. Civil Code - the Civil Code Act of April 23, 1964, as amended.
9. Code of Good Practices - a set of rules of conduct, and in particular ethical and professional standards, referred to in Article 2 item. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
10. Consumer - a natural person of full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity, as well as a natural person entering into an agreement directly related to his/her business activity, when the content of this agreement shows that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
11. Shopping cart - a list of products compiled from the products offered in the store based on the Buyer's choices.
12. Buyer - both Consumer and Customer.
13. Place of delivery of the item - the postal address indicated in the order by the Buyer.
14. The moment of delivery of the item - the moment when the Buyer or a third party designated by him for collection takes possession of the item.
15. Payment - the method of payment for the contract item and delivery listed at.
16. Consumer rights - the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended).
17. Product - the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller's store as a unit of measurement when determining its price (price/unit).
18. Subject of the contract - the products and delivery that are the subject of the contract.
19. Subject of performance - the subject of the contract.
20. Foreign shipment - a shipment, the detailed conditions for sending and returning of which are specified in §2 of the Regulations.
21. Thing - a movable thing that can be or is the subject of a contract.
22. Store - Internet service available at https://batycki.eu/pl/, through which the Buyer can place an order. The exposition of the online store does not constitute an offer within the meaning of Article 661 of the Civil Code.
23. Seller:MS Sp. z o.o., based in Straszyn (83-010) at Jupiter 1/4 Street, registered in the City of Straszyn, NIP No.: 5213634027, REGON No.: 146225579.
24. System - a set of cooperating information technology equipment and software, providing processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet.
25. Lead time - the number of hours or working days specified on the product card.
26. Goods - a movable thing.
27. Durability - the ability of goods to retain their functions and properties in the course of ordinary use.
28. Agreement - an agreement concluded off-premises or at a distance within the meaning of the Act on Consumer Rights of May 30, 2014 in the case of Consumers and natural persons entering into an agreement directly related to their business activity, when the content of the agreement shows that it is not of a professional nature for these persons, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity and a contract of sale within the meaning of Article 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.
29. Defect - both a physical defect and a legal defect.
30. Physical defect - non-conformity of goods sold in connection with the contract, and in particular, if the thing:

1. is contrary to the contract in terms of description, type, quantity, quality, completeness and functionality,
2. is not useful for the specific purpose for which it is needed by the Consumer, which the Consumer notified the Seller at the latest at the time of the conclusion of the contract and which the Seller accepted.
3. is not suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices,
4. is not present in such quantity and does not have such characteristics, including durability and safety, as are typical for goods of this type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurance made by the Seller or persons acting on its behalf, in particular in advertising or on the label, unless:

1. The seller did not know about the public assurance in question and, judging reasonably, could not have known about it,
2. prior to the conclusion of the contract, the public assurance has been rectified in compliance with the terms and form in which the public assurance was submitted, or in a comparable manner,
3. public assurance did not affect the Consumer's decision to enter into the contract,

1. was not delivered with packaging, accessories and instructions that the Consumer can reasonably expect to receive,
2. is not of the same quality as the sample or design that the Seller made available to the consumer before the conclusion of the contract, and does not correspond to the description of such sample or such design.

1. Legal defect - a situation when the thing sold is owned by a third party or is encumbered by a right of a third party, and also if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
2. Order - a declaration of will of the Buyer made through the store, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of items, Buyer's data, and aimed directly at concluding a contract between the Buyer and the Seller.

 

§ 2 General conditions of sale in Poland

1. The contract is concluded in accordance with the local law applicable to the Seller's registered office and these terms and conditions.
2. Detailed terms and conditions for delivery of goods outside Poland are specified in §2a.
3. The Seller is obliged and undertakes to provide services and deliver items free of Defects.
4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Shipping of products to Consumers in Poland is free of charge.
5. The Seller shall be liable to the Consumer under the warranty, if the physical defect is discovered before the expiration of two years from the date of issue of the item to the Consumer, unless the shelf life of the goods, as determined by the Seller or persons acting on his behalf, is longer.
6. Confirmation, access, recording, securing of all material provisions of the contract for future access to such information shall be made:

1) confirmation of the order by sending to the indicated e-mail address: order and information about the right to withdraw from the contract;

2) attach a printed proof of purchase to the completed order, sent to the designated place of delivery of the item.

1. The Seller shall not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling remote communication.
2. The Seller shall ensure to the Buyer using the system that the store works correctly in publicly available browsers.
3. The buyer can use the option of remembering his data by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The buyer has at any time the ability to inspect, correct, update data and delete the account in the store.
4. The store conducts saleṡ on the territory of the Republic of Poland as well as abroad.
5. The seller complies with the Code of Good Practice.
6. Discount codes, used in promotional actions do not combine the tab of sales. The goods are at the prices listed on the site.

§ 2a. General terms of sale outside Poland

1. This §2a of the Regulations sets out the conditions for sales, shipment of goods and returns outside Poland.
2. Overseas shipments include deliveries to countries outside the borders of Poland, excluding territories under embargo or international sanctions.
3. Overseas shipments are sent via selected courier companies or postal operators.
4. Shipping cost and service availability will be determined during the ordering process and may vary depending on the destination delivery country.
5. Shipping outside Poland is possible only after prepayment. The seller does not allow cash on delivery shipments.
6. The selling and shipping price is always converted to the Polish zloty currency.
7. The delivery time for overseas shipments depends on the selected destination country and logistics provider.
8. The estimated delivery time will be provided during the ordering process, but please note that it is subject to change due to factors beyond the control of the online store.
9. Foreign shipping costs and any customs or duty fees shall be borne by the Buyer.
10. The online store is not responsible for additional customs fees or duties on the territory of the destination country.
11. Complaint and return procedures for foreign shipments are the same as for domestic shipments and are set forth in the store's general regulations, subject to the following provisions.
12. The cost of returning goods from abroad (complaint, withdrawal) is borne by the buyer, unless the reason for the return is error on the part of the store.
13. The time limit for return or the time limit for complaint begins to run when the complaint form is sent to the Seller's e-mail, together with the obligatory confirmation of posting of the return shipment. 
14. This §2a of the Regulations is an integral part of the Regulations of the Batycki brand online store.
15. Any issues not regulated in these §2a Regulations are subject to the general rules contained in the Regulations of the online store.

 

§ 3 Contract conclusion and implementation

1 Orders can be placed 24 hours a day, 7 days a week.

(2) To place an order, the Buyer should perform, at a minimum, the following steps, some of which may be repeated several times:

1) Adding a product to the cart;

2) selection of the type of delivery;

3) selection of the type of payment;

4) the choice of the place of delivery of the item;

5) placing an order in the store by using the "Process Order" button.

(3) The conclusion of the contract with the Consumer occurs when the order is placed.

4 The Batycki online store provides the following payment methods for ordering goods:

1) Electronic payment before receiving the ordered goods (payment in advance).

2) Payment via online payment service.

3) When making a payment via online transfer, after selecting your bank, log in with your online banking access credentials and confirm the payment.

4) Payment can be made using a credit card in the VISA system, as well as MASTER CARD.

5) The payment service has a Certificate of Business Reliability and is based on SSL encryption, guaranteeing a high level of security for transactions.

6) Payment in advance can be made for goods delivered via courier service - online payment.

(5) Choosing the form of payment "on delivery", the customer will pay for the ordered goods in cash to the courier upon receipt of the shipment.

(6) The execution of the Consumer's order paid on delivery shall be carried out in accordance with the time specified on the product card, and the order paid by bank transfer or through the electronic payment system after the Consumer's payment is credited to the Seller's account, within the time specified on the product card.

(7) The conclusion of the contract with the Customer shall take place upon acceptance of the order by the Seller, of which the Seller shall inform the Customer within 48 hours of placing the order.

(8) The execution of the Customer's order may be subject to payment of the total value of the order or obtaining a trade credit limit of at least the value of the order, or the Seller's agreement to send the order on delivery (paid on delivery).

9. shipment of the subject of the contract is carried out within the time limit specified on the product card, and for orders consisting of multiple products within the longest time limit of those specified on the product cards. The time limit begins to run when the order is processed.

10. the purchased object of the contract is, together with the sales document, shipped by the type of delivery chosen by the Buyer to the place of delivery of the item indicated by the Buyer in the order.

11. orders with delivery outside Polish borders are sent via the Polish Post, this may result in an extended lead time of up to 3 months.

 

§ 4 Right to withdraw from the contract

(1) A consumer, has the right under Article 27 of the Consumer Law to withdraw from a contract concluded at a distance, without stating a reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.

(2) A consumer may return an item provided that the following conditions are met together:

(a) The consumer has proof of purchase of the item,

(b) the item bears no signs of use or any damage,

(c) if the item was in factory packaging, it should be returned in the same and undamaged packaging,

d) the thing has originally attached all permanent markings (labels, tags), e) the thing is complete, i.e. contains all originally attached additional elements, e.g. straps, seals, etc.

(3) The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of delivery of the item, and to meet the deadline it is sufficient to send the statement before its expiration.

(4) The declaration of withdrawal may be submitted by the Consumer on the form, the model of which is attached as Appendix No. 2 to the Consumer Law, on the form available at https://batycki.eu/policies/refund-policy or in another written form in accordance with the Consumer Law.

(5) The Seller shall promptly confirm to the Consumer by e-mail (provided at the conclusion of the contract and another, if provided in the submitted statement) receipt of the statement of withdrawal.

(6) In the event of withdrawal from the contract, the contract is considered not concluded.

(7) The consumer is obliged to return the item to the Seller immediately, together with proof of purchase, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to send the item back before its expiration, the date of mailing is decisive.

(8) The consumer shall send back the items that are the subject of the contract, together with the proof of purchase, from which he has withdrawn at his own expense and risk. The consumer is obliged to properly pack and protect the returned product. Returns should be sent to the address: Litewska 12 Street, 80-719 Gdansk.

(9) The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract, and which is the result of using it in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.

(10) The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by the Consumer, resulting from the proof of purchase, and if the Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not reimburse the Consumer for additional costs in accordance with the Consumer Law.

(11) Refunds of money shall be made through the electronic payment system, unless the payment was made by other means, in which case the Seller shall refund the payment by transfer to the bank account indicated by the Consumer.

12 The seller shall refund funds only to a bank account registered in Poland. In the case of a foreign transfer, the seller will deduct a handling fee in accordance with the bank's table of fees and commissions.

13. the Seller may withhold reimbursement of the payment received from the Consumer until he receives the item back.

14. the Seller may refuse to accept the item if the Consumer does not provide proof of purchase.

15 The consumer has no right to withdraw from the contract:

1) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal;

2) in which the subject of performance is a non-refabricated item, produced to the consumer's specifications or serving to meet his individualized needs.

(16) The right to withdraw from a contract concluded remotely may be exercised under the terms of this § 4 also in the Batycki brand showroom at the address: Litewska 12 Street, 80-719 Gdańsk.

 

§ 5 Warranty

1 On the basis of the Civil Code, the Seller excludes liability to customers for physical and legal defects (warranty).

(2) However, the Seller shall be liable to the Consumer under the terms of the Consumer Law for defects (warranty).

(3) The seller shall not be liable for the non-conformity of the goods with the contract if the consumer, at the latest at the time of the conclusion of the contract, was clearly informed that a specific feature of the goods deviates from the requirements of conformity with the contract and expressly and separately accepted the lack of a specific feature of the goods.

(4) If the goods are not in conformity with the contract, the consumer may demand repair or replacement.

(5) The seller may make an exchange when the consumer requests a repair, or the seller may make a repair when the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the seller.

(6) If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into conformity with the contract.

(7) In assessing the excessiveness of costs, all circumstances of the case shall be taken into account, in particular, the significance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the contract.

(8) The Seller shall repair or replace within a reasonable time from the moment it is informed by the consumer of the non-conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The cost of repair or replacement, including, in particular, the cost of postage, transportation, labor and materials, shall be borne by the Seller.

(9) The consumer is obliged to make the goods subject to repair or replacement available to the Seller.

(10) The consumer shall not be obliged to pay for the ordinary use of the goods, which were subsequently replaced.

(11) If the goods are inconsistent with the contract, the consumer may make a statement of price reduction or withdrawal from the contract when:

(a) The seller refused to bring the goods into conformity with the contract,

(b) The seller failed to bring the goods into conformity with the contract,

(c) the lack of conformity of the goods with the contract continues even though the Seller has tried to bring the goods into conformity with the contract;

(d) the lack of conformity of the goods with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first exercising the right to repair or replacement,

(e) it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

(12) The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.

(13) The seller shall refund to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the consumer's statement on price reduction.

14 The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.

(15) If the lack of conformity applies only to certain goods delivered under the contract, the consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.

(16) In the event of withdrawal from the contract, the consumer shall, at his own expense, immediately return the goods to the Seller. The Seller will return the price to the consumer immediately, no later than within 14 days of receipt of the goods or proof of their return.

17 The seller will refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for him.

18 The customer should submit a claim using the claim form, which should be downloaded from the page: Forms for Customers (batycki.eu). The completed complaint form should be sent to: reklamacje@batycki.pl .

(19) The customer should attach to the claim application proof of purchase of the item. The seller reserves the right to disregard complaints that do not include proof of purchase.

(20) The Seller shall allow Customers making a complaint to send back defective goods by courier at the Seller's expense. For this purpose, it is required that the Customer fill out the complaint form referred to in item 12 above, together with an indication from where the courier should pick up the shipment with the advertised products.

21 The customer shall not bear the cost of shipping if the complaint is found to be valid.

(22) If the Customer has chosen a method of returning the goods other than that offered by the Seller, the Seller shall not be obliged to reimburse the Customer for any additional costs incurred by the Customer.

23 The seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the time of delivery of the item to the consumer, unless the shelf life of the goods, as determined by the seller or persons acting on his behalf, is longer.

(24) If one of the rights under the warranty is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the final conclusion of the proceedings. Accordingly, it shall also apply to mediation proceedings, whereby the time limit for the exercise of other warranty rights to which the Consumer is entitled shall begin to run from the date of the court's refusal to approve the settlement reached before the mediator or the ineffective termination of mediation.

(25) Warranty rights may also be exercised under the terms of this § 5 also in the Batycki brand showroom at the address: Litewska 12 Street, 80-719 Gdańsk.

 

§ 6 Privacy policy and security of personal data

For information on data protection, please refer to the Privacy Policy published on the site.

 

§ 7 Out-of-court settlement of disputes concerning purchases in the online store

In the case of a dispute arising between the Seller and the Consumer in connection with a purchase in the Store, the Consumer may use out-of-court means of handling complaints and pursuing claims, including by filing a complaint in the selected official language of the European Union, including Polish, through the EU online platform ODR, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

 

§ 8 Salvatory clause

If any provision of the Terms and Conditions is found to be illegal, invalid or otherwise unenforceable to the extent provided by the laws of any country in which such provisions are intended to be effective, then to the extent that such provision is illegal, invalid or unenforceable, and in accordance with the laws of the jurisdiction in which it is illegal, invalid or unenforceable, it shall be excluded and deleted, and to the remainder, the provisions of the Terms and Conditions shall remain in full force and effect and continue to be binding and enforceable.

 

§ 9 Final provisions

(1) Nothing in these terms and conditions is intended to violate the rights of the Buyer.

(2) The current version of the terms and conditions is always available to the Buyer in the terms and conditions tab (https://batycki.eu/policies/legal-notice). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the terms and conditions accepted by him when placing the order. Except when the Consumer deems it less favorable than the current one and informs the Seller of the choice of the current one as applicable.

(3) In matters not covered by these Regulations, the relevant applicable laws shall apply. Disputes, if the Consumer so wishes, shall be resolved through mediation or arbitration. As a last resort, the case shall be resolved by a court of local and material jurisdiction.

 

The regulations are effective as of 08/05/2024.