BETIAGO ONLINE STORE TERMS AND CONDITIONS

I. GENERAL PROVISIONS

The BETIAGO online store, operating at: www.betiago.pl, is run by Beata Gomse., based at: Wesoła 9e Street, 05-200, Zagościniec, operating under NIP number: 1250095338, REGON number: 363028632,.
These Regulations of the online store define the rules for making purchases in the BETIAGO online store and, in particular, the rules and procedure for concluding distance sales agreements through the Store, as well as the procedure for complaints and the procedure for withdrawal from the agreement by the Consumer.
With respect to Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Law on Provision of Electronic Services of July 18, 2002. (i.e., Journal of Laws of 2020, item 344, as amended).
Regulations are addressed to all customers of the Store. All customers are obliged to familiarize themselves with the provisions of the Terms and Conditions, before making a purchase.
Each customer is obliged to comply with the provisions of the Regulations. Sales are made on the basis of the version of the Terms and Conditions in effect at the time of the order.
Each customer has the opportunity to review the Terms and Conditions at any time by clicking on the hyperlink “Store Terms and Conditions” on the Store’s website www.betiago.pl. Regulations can be downloaded and printed at any time.
All information contained on the website of the Store www.betiago.pl relating to products (including prices), do not constitute an offer within the meaning of Art. 66 of the Civil Code of April 23, 1964. (i.e., Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code of April 23, 1964. (i.e., Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Goods at the price and under the conditions specified in the description.

II. DEFINITIONS

Regulations – this set of regulations organizing the rules of use of the Store’s Services by Customers.

Consumer (contracts concluded before January 1, 2021) – a natural person, making a civil contract through the Store, not directly related to his/her business or professional activity.

Consumer (contracts concluded from January 1, 2021) – the following are considered to be Consumers:
– a natural person making a civil contract through the Store, not directly related to his/her business or professional activity – the so-called. “Consumer sensu stricto” and
– a natural person who enters into a civil law contract through the Store, directly related to his/her business, when the content of the contract shows that it does not have a professional character for that 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 Economic Activity – the so-called. “Entrepreneur on Consumer Rights.”

For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Regulations refer to both Consumers stricto sensu and Entrepreneurs on the rights of Consumers.

Customer – a natural person (including a Consumer) who is at least 13 years old (provided that he/she has obtained the consent of his/her legal representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, who uses the Services provided by the Store.

Order Form – a Service available on the Store’s website, by means of which the Customer may make a purchase, in particular by adding Goods to the Basket and specifying certain terms and conditions of the Sales Agreement, among others. method of delivery and payment.

Shopping Cart – an element of the Store in which the Goods selected by the Customer are visible, and in which the Customer has the opportunity to determine and modify the Order data, including the quantity of Products purchased.

Store – Internet service, belonging to the Seller, available under the domain: www. betiago.pl, through which the Customer can purchase Goods from the Seller.

Vendor – Betiago Beata Gomse. headquartered at: ul. Wesoła 9e, 05-200, Zagościniec, entered in the register of the Central Register of Economic Activity, under the REGON number: 363028632, NIP: 125-00-95-338, which, while carrying on a gainful or professional activity, proposes to sell through its website.

Goods – a movable thing traded between the Store and the Customer, the terms of sale of which are specified in the Order Form.

Contract of sale – a contract for the sale of Goods at a distance concluded by the Customer through the Store, usually through the Order Form.

III. RECEIVING AND PROCESSING ORDERS

Use of the Store is conditional on reading and accepting these Terms and Conditions. By placing an order, the Customer accepts the content of the Terms and Conditions.
Orders from Customers are accepted by means of a sent Order Form, made through the website: www.betiago.pl.
The order of the Goods is carried out by selecting the Goods in which the Customer is interested, clicking on the “ADD TO CART” button, located next to the description of the Goods, and then, from the “CART” level, located in the Shop tab, filling out the Order Form, including the selection of the form of delivery and payment, and then clicking on the purchase confirmation.
Entrepreneurs, considered to be so-called Entrepreneurs on the rights of consumers (see the definition of “Consumer” in these Regulations), entering into contracts after January 1, 2021, will have to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.
After placing an order, the customer receives a confirmation of the placed order to his e-mail address, provided in the Order Form.
After the customer receives confirmation of acceptance of the offer, the process of order processing by the Seller begins.
Orders placed in the Store are processed within the timeframe specified in the product description and on the home page. The planned smoking date and the planned shipping date are given. The store reserves the right to change the burning date or shipping date, of which the customer will be informed immediately.
The customer will receive a message about the acceptance of the order for processing, which is understood as a statement of the Seller’s acceptance of the offer. As soon as it is received, by the Customer, the Contract of Sale is concluded.
A VAT receipt is issued for each order. A VAT invoice will also be sent upon request.
The available means of communication between the Customer and the Store is: e-mail – sklep@betiago.pl
The price specified in the order is the total value that the customer is obliged to pay (gross price). It includes the tax due.
The Seller reserves the right to change prices found in the Store, introduce new Goods for sale, carry out and cancel promotional actions, or make changes to them, in accordance with applicable laws.
If the Consumer will be obliged to pay more than the agreed price, described in the previous paragraph, the Shop will immediately inform the Consumer about this fact, explaining the reason for the price difference. Charging the Consumer with additional costs will be done only with the express consent of the Consumer.

IV. PAYMENT EXECUTION

As part of the operation of the Store, the following payment methods are possible:
1. cash on delivery – upon receipt of shipment (only for bulk orders);
2. by wire transfer (only for bulk orders);
3. online payments processed by PayNow;
(2) The customer who has chosen the option of payment by bank transfer is obliged to pay the fee for the
order placed, within seven (7) business days, from the date of sending the invoice. Under the heading
payment should be given the number of the order being placed or the invoice number.

V. COMPLAINTS

The Seller shall be liable under the warranty for physical and legal defects of the Goods, to the extent specified in Art. 556 et seq. of the Civil Code Act of April 23, 1964. (i.e., Journal of Laws of 2020, item 1740, as amended).
A physical defect of the Goods consists in the non-conformity of the sold Goods with the contract, which occurs when:
– The goods do not have the properties they should have due to the purpose of the contract, arising from the circumstances or purpose from the circumstances or purpose;
– The goods do not have the properties that the Seller assured the Customer about;
– The goods are not suitable for the purpose about which the Customer informed the Seller at the conclusion of the the contract, and the Seller did not object to such purpose;
– The goods were issued to the customer in an incomplete condition.
A legal defect in the Goods occurs when the Goods are owned by a third party or is encumbered by the right of a third party, when the restriction of use or disposition results from a from a decision or ruling of a competent authority.
In the case of a Consumer, public assurances of the manufacturer or entity that markets the Goods, within the scope of its business, or which presents itself as a manufacturer. The seller does not bear However, liability when the assurances did not know or could not have known them, or when the these assurances could not have influenced the Consumer’s decision to conclude the sales contract, as well as when the content of these assurances was corrected before the conclusion of the sales contract.
The seller is liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the item to the Customer.
In the case of a Consumer, when a physical defect is discovered before the lapse of year from the date of issuance of the Goods, it shall be presumed that the defect or its cause existed at the time of the issuance of the Goods.
If the buyer is a Consumer, and the physical defect was discovered before the expiration of year from the date of issue of the sold thing, the defect or its cause is presumed to have existed at the moment the danger passed to the buyer.
If the Goods have a defect, the Customer may make a statement to reduce the price or withdraw from the contract, unless the Seller immediately replaces the defective Goods with goods free of defects or will remove the defect. This restriction does not apply if the Goods have already been exchanged or repaired by the Seller, or the Seller failed to comply with the obligation to replace the Goods to be free of defects or remove the defect.
If the Goods have a defect, the Customer may also demand to replace the item with a defect-free one or removal of the defect.
The Consumer may, instead of the defect removal proposed by the Seller, demand the following replace the Goods with defect-free ones or, instead of replacing the Goods, demand removal of the defect, unless bringing the Goods into conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller by the Seller.
The customer may not withdraw from the contract if the defect is insignificant.
Complaints about the Goods, may be submitted:
a. In writing, to the address of the Seller’s registered office;
b. by e-mail, to the e-mail address indicated in the confirmation of the Order.
The complaint should include:
a. data of the person making the complaint (name, mailing address, Optionally – e-mail address and contact telephone number);
b. indicating the reason for the complaint and the content of the request;
c. Order number, appearing in the confirmation of acceptance of the Order;
d. The original or a copy of the proof of purchase (e.g., receipt or invoice) can facilitate the submission of a Complaint, but is not necessary to make a complaint.
The Customer, exercising the rights under the warranty, shall deliver the defective Goods, to the Seller’s expense, to the address: ul. Wesoła 9e, 05-200, Zagosciniec.
The seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.
If the complaint is justified, the Seller undertakes to replace the defective Goods to be free from defects or remove the defect within fourteen (14) days from the date of the complaint by the Customer.
In the event of effective withdrawal from the contract, the Seller undertakes to make a refund of the payment within fourteen (14) days, from the date of receipt of the withdrawal from the contract, with the proviso that the return of the payment will not take place until the Goods are received back or delivery by the Customer of proof of its return.
If the Consumer has requested replacement of the item or removal of the defect, or has made a a statement on price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this demand within fourteen (14) days, he shall be deemed to have recognized this demand as justified.
The claim for removal of the defect or replacement of the Goods with defect-free Goods is time-barred. at the expiration of one (1) year from the date of discovery of the defect. In the case of a Consumer, the time limit runs The statute of limitations cannot end before the expiration of two (2) years.
The above provisions do not exclude the Seller’s ability to provide a warranty for the purchased Goods, which is provided for in separate warranty regulations.

VI. RIGHT OF WITHDRAWAL

In accordance with the Law on Consumer Rights of May 30, 2014. (i.e. OJ. of 2020. pos. 287, as amended), the Consumer may withdraw from the contract of sale of Goods purchased from the Store, without giving any reason, by submitting an appropriate statement in writing, within fourteen (14) days, counting from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). To Preservation of this deadline by the consumer is sufficient to send a statement, before its lapse.
The consumer may withdraw from the contract by submitting a statement to the Seller about the withdrawal from the contract. A model statement is attached as Appendix 1 to these regulations.
The statement of withdrawal from the contract should be sent to the address: ul. Merry 9e, 05-200, Zagosciniec.
The consumer will return the Goods to the Seller within fourteen (14) days from the day on which the rescinded the agreement. To meet the deadline it is sufficient to send back the Goods before its expiration.
Return of Goods should be made to the Seller’s address: ul. Wesoła 9e, 05-200, Zagosciniec.
The Seller, within fourteen (14) days from the date of receipt of the statement of withdrawal from the contract, shall refund to the Consumer all payments made by him, including the the cost of delivering the Goods, while the return of payments will not take place until the Goods are received the Goods back or the provision by the Consumer of proof of its return.
The Seller will refund the payment using the same method of payment, used by the Consumer.
The consumer shall bear the cost of returning the Goods to the Seller.
The right of withdrawal from the Sales Agreement does not apply to the Consumer in With respect to the contract:
– in which the subject of the performance is a non-refabricated item, produced according to the specifications of the Consumer’s specifications or serving to meet his individualized needs;
– in which the subject of the performance is an item that is perishable or has a short shelf life;
– In which the object of the performance is an item delivered in sealed packaging, which cannot be returned after opening the package for health or hygiene reasons hygienic reasons, if the package has been opened after delivery;
– In which the object of performance is things that, after delivery, due to their nature, become inseparably connected with other things;
– in which the subject of performance is sound or visual recordings or computer programs computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
– for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
– In which the price or remuneration depends on fluctuations in the financial market over which the the trader does not control, and which may occur before the expiration of the deadline for withdrawal withdrawal from the contract;
– for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the expiration of the
deadline for withdrawal from the contract and after the trader has informed him of the loss of the right to withdraw from the contract;
The right of withdrawal from a contract concluded at a distance does not apply to an entity other other than a Consumer, in the sense adopted for the purposes of these Terms and Conditions (see definition of “Consumer”).

VII. OUT-OF-COURT DISPUTE RESOLUTION

In the event that the complaint procedure does not yield the result expected by the The consumer of the result, the consumer can benefit, among other things. z:
– Mediation conducted by the locally competent Provincial Inspectorate of Inspections Trade Commission, which should be approached with a request for mediation. As a rule
proceedings are free of charge. The list of Inspectorates can be found at: https:// www.uokik.gov.pl/wazne_adresy.php#faq595.
– Assistance from the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted For consideration of the case before the arbitration court. As a general rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/
important_addresses.php#faq596.
– Free assistance from the city or county consumer ombudsman.
– ODR’s online platform available at: http://ec.europa.eu/consumers/odr/.
This section entitled “Out-of-court dispute resolution” is not applicable apply to one category of persons, described in these Regulations as Consumers, so called. “Entrepreneurs on consumer rights,” which came into effect for contracts concluded as of January 1, 2021. In view of this, for all contracts, the chapter applies only to entities belonging to the so-called “other”. Consumer category sensu stricto.

VIII. PERSONAL DATA PROTECTION

The customer, by placing an order, agrees to the processing, provided by him, personal data, for the purpose of processing and handling the order, by the Seller, who is At the same time, the controller of personal data, as defined in Art. 7 Regulations European Parliament and Council (EU) 2016/679 of April 27, 2016. on the protection of of natural persons in relation to the processing of personal data and on the free movement of such data flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation data), OJ L 119, 4.5.2016, p. 1-88.
The administrator of the personal data, provided by the Client, while using the use of the Store, is the Seller.
Personal data, located in the Seller’s database, are not transferred entities that do not participate in the implementation of the Sales Agreement.
The customer, according to Art. 15 Regulation of the European Parliament and of the Council (EU) 2016/679 dated April 27, 2016. on the protection of natural persons in relation to the processing of data personal data and on the free movement of such data and repealing Directive 95/46/ EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88 has the right to access to his personal data, he may request their correction or deletion. The vendor provides Each customer the right to control the processed personal data.
Provision of personal data is voluntary, however, lack of consent to the processing of personal data personal data makes it impossible to complete the customer’s order.
Detailed information in the area of personal data and privacy protection has been included in the “Privacy Policy” tab on the Store’s website.

IX. FINAL PROVISIONS

The Regulations set out the rules for the conclusion and performance of a Sales Contract for Goods found on the Store’s website.
The sales contract is concluded between the Customer and the Seller.
The regulations are available to all customers electronically at Internet Store www. betiago.co.uk.
In order to use the Store’s Services, it is necessary to have devices that allow to access the Internet and a web browser capable of displaying web pages, such as Also, it is necessary to provide an e-mail address for sending information regarding the order. order.
It is forbidden for all persons, including customers, to post on the Store website unlawful content.
In matters not regulated by these Regulations, the relevant provisions of generally applicable law.
The Regulations do not exclude and do not limit any rights of the Customer, being a Consumer, to which he is entitled under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory mandatory provisions of the law granting rights to consumers, these provisions shall take precedence. these provisions shall prevail.
In the event that any provision of these Terms and Conditions is or should become invalid or ineffective, the validity of the entire Terms and Conditions for the remainder shall be intact. In such a case, the Parties shall replace the invalid or ineffective provision of the another that reflects the intended economic purpose as closely as possible. Accordingly, it concerns is also possible gaps in the Regulations.

Appendix 1: Form of withdrawal by the Consumer stricto sensu and the Entrepreneur on the rights of the Consumer from the concluded contract

City: ___________, on: __________ r.

Consumer/Entrepreneur on the rights of the Consumer:

Name: ________________

Address: ________________

E-mail: ________________

Tel: ________________

Entrepreneur:

Name: Betiago

Mailing address: ul. Wesoła 9e, 05-200 Zagosciniec

FORM OF WITHDRAWAL BY A CONSUMER OR ENTREPRENEUR ON THE RIGHTS OF A CONSUMER FROM A CONTRACT FOR THE PROVISION OF SERVICES

Hereby, acting pursuant to Art. 27 of the Law on Consumer Rights of May 30, 2014. (i.e. OJ. of 2020. pos. 287, as amended), reading:

Art. 27 of the Consumer Rights Act

A consumer who has concluded a contract at a distance or off-premises may withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 par. 2 and Art. 35.

I inform of the withdrawal from the contract, concluded on _______________, consisting of:

______________________________________________________________________

In view of the above, I kindly request a refund of the following monetary amount, resulting from the withdrawal from the contract: ______ PLN (in words: _________________________________), which should be transferred to the following bank account number: _________________________.

Best regards,

__________________

(handwritten signature of the Consumer/Entrepreneur on the rights of the consumer)