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1. Concepts
1.1. Seller – Systemy Sportowe Sp. z o.o., address: ul. Hoża 86 /410, 00-682 Warszawa , registered by Sąd Rejonowy dla m. st. Warszawy w Warszawie, XII Wydział Gospodarczy Krajowego Rejestru Sądowego; KRS: 0000788199, NIP: 7010927819, REGON: 383456890.
1.2. Buyer – physical adult person acquiring goods from the seller, a minor (14 to 18 years old) who has the permission of parents or guardians (except when he disposes of his/her own income), a legal person or the persons’ authorized representative;
1.2 Terms of Use – contracts – rules establishing relationships, rights, duties and responsibilities between the buyer and the seller;
1.3 Agreement – Selling-Purchasing – a contract between the buyer and the seller concluded during the time of sale.
1.4 E-shop – seller’s website / store (www.berg-toys.pl ) which enables to identify buyer, his/her reservations, contact information, billing and shipping information;
1.5 Order – a list of items purchased by the buyer.
2. The general provisions
2.1 These rules are a legal document, binding on the parties and outlining the buyer’s and the seller’s rights, duties, purchase and paying conditions, delivery, returning procedures, parties’ responsibilities and other selling – buying provisions related to the sale of goods from the Seller.
2.2 When placing an order to the seller, the buyer must become acquainted with these rules, and confirm that he did so when submitting the required information to conclude contracts and ship orders.
2.3 The Seller has the right to change the rules at any time, having regard to the law requirements. The buyer will be informed of the changes of the rules in the e-shop.
3. Conclusion of the contract moment The contract between the buyer and the seller may be concluded from the moment when:
3.1 The buyer forms the order in the e-shop, provides all the necessary information to conclude the contract and deliver the goods and presses the “Checkout” button;
3.2 When buying via phone, the buyer provides the necessary data to conclude the contract, form the order and deliver.
4. Buyer’s rights
4.1 The buyer has the right to refuse the sale – purchase contract and return the goods. Buyer must notify the Seller in writing, specifying the item(s) desired to return and the reason for the return, under the Consumer Rights Act 2015, consumers may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described.
4.2 Buyers can take advantage of the right that is determined in the rules in paragraph 4.1 only if the item was damaged, appearance of the item was not significantly changed or it was not used. Buyers cannot return goods that are in perfect working condition and not faulty if the 14 calendar day period has passed.
4.3 In case the buyer purchased a set of goods from the Seller and in accordance with the rules in paragraph 4.1. and wishes to withdraw the purchase and sale contract for a (certain) product (s), he must return the entire set of goods to the Seller. In case at least one of the supplied goods does not comply with the rules laid down in paragraph 11.3 of the requirements, the seller has the right to refuse to accept the return of the set of the goods.
5. Buyer’s responsibilities
5.1 The buyer must pay for the goods and accept them according to the procedure established by these rules.
5.2 While using e-shop, buyer undertakes to comply with these rules, other conditions given in the e-shop and Polish legislation.
6. Seller’s rights
6.1 The seller has the right to determine the minimum size of the order in its sole discretion, that is to say, the minimum amount at which free customised product delivery will be carried out. These amounts shall be expressed in terms of delivery.
6.2 If the buyer is trying to undermine e-shop’s stability and security, or is in breach of its obligations, seller shall have the right to suspend or restrict access to the e-shop immediately and without notice, as well as cancel the sale.
6.3 When the buyer makes a purchase, the seller, in case of uncertainty on the order information, contacts the customers by the listed contacts. The seller has the right to cancel the order without prior notice to the buyer, if the buyer fails to contact the seller within three (3) working days and provide necessary information.
6.4 The seller has the right to cancel the order in case of stock issues, mistakes or website errors that would not allow to fulfil the original order, or suggest changing the order so that it is acceptable for both parties (e.g. suggest product in different colour or similar model). The seller must inform the buyer prior to cancelation in written form or during a phone call and issue a refund if the order cannot be fulfilled. The seller is not responsible and in no way can control the time of refund processing on the buyer’s bank or credit card provider.
6.5 The seller has a right to cancel the order if third party payment providers suggest the transaction may be in any way insecure, fraudulent or not to be trusted. The seller issues a refund through the same payment method that was used to pay for the order and informs the buyer via e-mail or phone call. The buyer may try to order again using a more secure payment option.
7. The seller’s obligations
7.1 The seller agrees, by the conditions set in these rules and e-shop, to permit the buyer to use e-shop’s services.
7.2 The seller undertakes to respect the privacy of the buyer’s right to his/her personal information and to manage the buyer’s personal data only by the rules and the procedure established by Polish law.
7.3 Seller agrees to deliver the goods ordered by the buyer at the address, specified in section 9 of the conditions and terms.
7.4 The seller, being unable to deliver the ordered goods to the buyer on the important circumstances, undertakes to offer another item as similar as possible to the ordered one. If buyer refuses to accept most similar item or another product with analogous characteristics, the seller agrees to return the money paid by the buyer within fourteen (14) working days, if the payment was made in advance.
7.5 When buyer uses the terms’ in paragraph 4.1. and under the conditions of terms in paragraph 4.3., the seller agrees to return the money paid by the buyer within 14 (fourteen) days, counted from the date of the receipt of returned goods.
8. Product payment procedures and deadlines
8.1 The buyer can pay for goods in the following ways:
8.1.1 Bank transfer – this is prepayment, when the buyer transfers money from his/her account to the seller’s account in accordance with the Order account.
8.1.2 Using PayPal services.
8.1.3 By credit/debit card.
8.1.4 If you choose payment through the Przelewy24.pl platform, electronic payments are handled by Dialcom24 sp. z o.o., registered in Poznań, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register under the number 0000306513, registration files kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań, NIP: 7811733852, share capital in the amount of PLN 1,697,000.
8.1.5 Instalment purchse by the bank: Santander Customer Bank
8.1.6 COD – Cash On Delivery, if the amount doesn‘t exceed 10.000 PLN.
9. Product delivery
9.1 The buyer’s goods will be delivered with tracked, door-to-door third party courier services depending on the location and products (DPD, Raben or other delivery service providers).
9.2 Delivery of goods to the buyer:
9.2.1. A buyer chooses must point out the exact place of delivery. If the address is not correct, the seller may not deliver the goods.
9.2.2. The buyer undertakes to accept the goods or indicate the person, who will accept the goods at the time of ordering. In case the buyer (or the assigned person) can not accept the goods, and the goods are delivered to the address provided by the buyer on the basis of other data, the buyer has no right to bring claims against the seller for the delivery.
9.2.3. The seller or his/her authorized representative delivers the goods.
9.2.4. Delivery (transportation) fees are:
9.2.4.1. None – if order amount exceed 400 PLN. If not, the delivery cost is 5 PLN.
9.2.4.2. Fees for deliveries outside of Poland are calculated individually, after the Buyer inform Seller about a country and full address of delivery. Exports are subject to customs processing, and additional charges may apply.
9.3 The goods will be delivered between 1 and 5 working days, or as suggested next to each product. Specially ordered products may take longer if they need to be manufactured, the seller shall notify the buyer of expected timing in such cases. In case there is a problem or shortage of goods, the seller shall promptly notify the buyer of a possible longer delivery time and if it satisfies the buyer, the seller continues to perform order delivery. Exports may take longer and are subject to customs and the time it takes to clear the goods is not under seller’s responsibility.
9.4 In all cases, the seller is free from liability for breach of terms of delivery of the goods, if the goods are not submitted to the buyer or are not submitted at the time due to the fault of the buyer or circumstances caused by the buyer.
9.5 During a delivery of goods, the buyer together with the seller or his/her agent must check the item and item’s condition and sign transfer – acceptance agreement.
After the buyer signs the transfer – acceptance agreement, it is considered that the shipment has been delivered in proper condition, with no damage, which could be caused not by the manufacturing defects, and the product is with no discrepancies (those that can be set at the time of the external viewing of the goods). Noticing that the parcel package is damaged (crumpled, wet or otherwise externally damaged), product(s) are damaged and / or not suitable, the buyer must note it in the transfer agreement and in the presence of the seller or his/her representative, write free-form item’s and / or product(s) damage / discrepancy act. If buyer fails to make these actions, the Seller is relieved of liability to the buyer for the damages of goods, if the basis for the emergence of such violations are not factory faults and inconsistencies, if these discrepancies can be identified during the external review of goods.
10. Product quality guarantee
10.1 Under the Consumer Rights Act 2015, consumers may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described. And if you’re not totally satisfied with your purchase for any reason, you still can return it for free within 14 calendar days after delivery.
10.2 Seller is not responsible for the fact that the colour, shape or other parameter of the item in the e-shop may not match actual product size, shape and color because of the display features that the buyer uses.
10.3 A guarantee of quality provided by the seller does not limit the rights of consumers, which are determined by law as they purchase product or service of poor quality.
10.4 For most of products there’s a 2-year warranty provided.
10.5 When returning goods, the buyer must contact the seller to start the return process. If the item is being returned, the seller agrees to take such item and replace it with similar that is appropriate. In case the seller does not have a similar product or customer doesn’t want a replacement, seller returns the money, which was paid for the item, to the buyer. In any case return costs are covered by the seller.
11. Returns and exchanges
11.1. Under the Consumer Rights Act 2015, consumers may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described. And if you’re not totally satisfied with your purchase for any reason, you still can return it for free within 14 calendar days after delivery. After 14 days returns are not accepted, unless the products are approved as faulty. If the item is suspected as faulty, but after service check-up a fault is not detected, the buyer is charged for shipping to the service and back.
11.2. In order to return the item (s) in the cases referred to the rules’ in paragraph 11.1., the buyer must contact the seller and submit a written request for the return of goods. This must be carried out in accordance with paragraph 4.2 of the rules.
11.3. In case of returning the goods to the buyer, it is necessary to follow these conditions:
11.3.1. The returned item must be in its original package (this does not apply in the case of a faulty product returned);
11.3.2. Items must be not damaged by the buyer;
11.3.3. Item must be unused, of marketable appearance (undamaged labels, security pellicle etc.) (This paragraph does not apply in case of a returned faulty product);
11.3.4. The returned item must have the same parts as it did when received by the buyer;
11.3.5. When returning an item, it is necessary to provide the document of acquisition and a written request for the return of goods;
11.4 The seller has the right to not accept returned goods, if the buyer fails to comply with the procedure for returning the goods, which is determined in this article.
11.5 When returning goods, the buyer must contact the seller to start the return process. If the item is being returned, the seller agrees to take such item and replace it with similar that is appropriate. In case the seller does not have a similar product or customer doesn’t want a replacement, seller returns the money, which was paid for the item, to the buyer. In any case return costs are covered by the seller.
11.6 Returns and exchanges carried out in accordance with the Consumer Rights Act, 2015.
11.7 The money for the returned goods in all cases are transferred by transfer and only to the payer’s bank account.
11.8 To return the goods, the buyer has to fill up the „Return information“ form under the link: https://berg-toys.pl/en/content/5-returns
12. Personal information
12.1 When placing an order to the seller, the buyer is required to provide personal information, which allows the seller to identify the buyer, to deliver the order, if necessary, to contact the buyer about any additional information needed, or use them for direct marketing purposes.
12.2 When placing an order, the buyer agrees that the communications, which are required for product’s delivery, are sent via the specified e-mail address and telephone number.
12.3 The buyer, wishing that his/her e-mail address or phone number wouldn’t be used for direct marketing purposes, must notify the seller.
12.4 The seller confirms that the buyer’s personal data will be processed only for goods’ purchasing purposes, as well as direct marketing (unless the buyer announces that he does not want his/her personal data used for direct marketing purposes as it is determined in rules paragraph 12.3) purposes. Seller agrees to not disclose buyer’s personal data to the third parties, except sellers’ partners, providing the delivery of goods or the other services related to the buyer’s ordering. In all other cases, the buyer’s personal data to third parties may be disclosed only to the legislation of the Polish order.
12.5 Personal data, which the buyer uses for transfers to the seller from his/her credit or debit accounts in bank systems, are handled securely by using a secure connection SSL (Secure Socket Layer) certificates. Banks, which are used by the buyer take full responsibility for this personal data.
12.6 The buyer, as a data subject, must have the right to receive information of how his/her personal data is managed, to be able to regulate, eliminate or disagree with the data management.
12.7 In order to provide the purchaser with fully fledged e-shops, the seller records information to the buyer’s computer (device), which are called cookies. The seller uses the recorded information for identification of the buyer as the previous e-shop visitor, information about purchases, the items in the buyer’s basket, the preservation of the site visitation statistics. The buyer has the opportunity to review the information (cookies) the seller records, and can delete part or all of the saved cookies. The buyer also has the right to object to the recording and using of the information (cookies) on his/her computer (device), but in this case, certain e-shop features may not be available to him. Buyer, by accepting the terms, agrees that information is recorded on his/her computer (device). The buyer can cancel the consent at any time by changing his/her web browser settings, or by applying to the seller.
12.8 The buyer must provide the seller with any request or instruction related to the processing of personal data in writing. When seller receives such request or instruction, he will provide a written response to the buyer not later than in thirty (30) calendar days.
12.9 If the buyer does not agree with the terms in this section referred to protection of personal data, the buyer loses the right to use e-shop services.
13. Responsibility
13.1 The buyer is fully responsible for the correctness of the provided personal data. If the buyer does not provide certain personal data, the seller is not liable for the resulting consequences and is entitled to claim from the buyer for direct damages.
13.2 The buyer is responsible for all acts performed by using e-shop.
13.3 The seller is free from any liability in case of loss, arisen from the fact that the buyer, regardless to the recommendations of the seller, did not get familiar with these terms, even though that option was granted.
13.4 If seller’s e-shop contains links to other companies, organisations or individual’s websites, the seller is not responsible for the information or activities contained there; the seller does not monitor or control these websites and does not represent those companies and individuals.
13.5 The seller is not responsible for the proper mutual obligations of buyer’s and seller’s partners, whose services the buyer orders.
13.6 In case of damage, the guilty party indemnifies the other party for direct damages.
14. Final provisions
14.1 These rules are created in accordance with the Polish legislation.
14.2 Polish laws are applied to relationships arising based on these rules.
14.3 All disagreements arising from the enforcement of these terms are to be resolved by negotiation. In case of failing agreement, disagreement is resolved according to the Polish law.
