1. BE TRASH online store, available at the Internet address www.betrash.com, is run by Angela Brejt conducting business activity under the name BE TRASH Angela Brejt, registered in the Central Register and Information on Business Activity (CEIDG) run by the Minister responsible for the Economy, NIP: 725-176-20-82, REGON: 472269860.
2. These Terms and Conditions are addressed to Consumers and define the rules and procedures for concluding a Distance Sales Agreement with a Consumer through the Store.
1. Consumer - a natural person concluding a contract with the Seller through the Shop, the subject of which is not directly related to its economic or professional activity.
2. Seller - a natural person conducting business activity under the name BE TRASH Angela Brejt, registered in the Central Register of Business Activity and Information (CEIDG) maintained by the competent minister of economy, NIP 725-176-20-82, REGON
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, which uses the Store.
5. Store - online store operated by the Seller at the Internet address www.betrash.com.
6. Distance contract - a contract concluded with a Customer within an organized system of contract conclusion at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. Rules and Regulations - these rules and regulations of the Store.
8. Order - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Contract for Sale of a Product or Products with the Seller.
9. Account - Customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
10. Registration form - a form available in the Store that allows you to create an Account.
11. Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including delivery and payment methods.
12. Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the details of the Order, in particular the quantity of products.
13. Product - a movable item/service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Agreement is also understood - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.
Contact with the Store
1. Seller's address: Zalipie 15 Street, 04-625 Warsaw, Poland
2. E-mail address of the Seller: firstname.lastname@example.org
3. the Seller's bank account number: LT96 3250 0434 8336 3884
4. The Customer may communicate using the addresses and telephone numbers specified in this paragraph.
5. the Customer may communicate by telephone with the Seller between 10 a.m. and 6 p.m.
In order to use the Store, including browsing the Store assortment and placing orders for Products, the following are necessary:
a. A terminal device with access to the Internet and a web browser such as Chrome, Safari, Firefox, Opera
b. An active electronic mail (e-mail) account
c. Cookies enabled
1. To the fullest extent permitted by law, the Seller shall not be liable for any disruption, including interruption to the operation of the Shop caused by force majeure, unauthorized action of third parties or incompatibility of the Internet Shop with the technical infrastructure of the Customer.
2. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the assortment of the Store is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT). Prices in USD/EURO currency are converted from Polish Zloty according to the daily exchange rate.
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
5. In the case of a Contract covering subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
6. When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (final) price, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
Creating an Account in the Store
1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name and surname, e-mail address.
2. Setting up an Account in the Store is free.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Customer shall have the opportunity at any time, without giving any reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
Rules for placing an Order
In order to place an Order you should:
1. log in to the store (optional);
2. select the Product that is the subject of the Order, and then click the "ADD TO BAG" button
3. log in or use the option of placing an Order without registration;
4. click the "CONTINUE SHOPPING" button to add other products or click the "COMPLETE ORDER" button to finalize the transaction.
5. if the option of placing an Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
6. click the button "ORDER WITH OBLIGATION TO PAY" and confirm the order by clicking on the link sent in the email,
7. select one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 8.3.
Delivery and payment methods offered
1. The Customer may use the following delivery methods for the ordered Product:
- Postal delivery
- InPost parcel machines
- Personal collection by appointment
2. The Customer may use the following payment methods:
- Payment by bank transfer to the seller's account
- Electronic payment tPay
- PayPal payment
- Payment by credit card
3. Detailed information on delivery methods and acceptable payment methods can be found behind the pages of the Store.
Execution of Sales Agreement
1. The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:
a. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 2 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
b. payment by cash on delivery, the Customer is obliged to make payment on delivery.
4. If the Customer has chosen a method of delivery other than personal collection, the Product will be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. The beginning of the period for delivery of the Product to the Customer shall be calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
6. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order.
7. The beginning of the period when the Product is ready for collection by the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
b. If the Customer chooses the method of cash on delivery in person - from the date of conclusion of the Sales Agreement.
8. delivery of the Product takes place throughout the world (according to the supplier's offer).
9. delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are fixed and amount to 20 Polish Zloty, and are also indicated during order placement, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
10. personal collection of the Product by the Customer is free of charge.
Right of withdrawal from the contract
1. The Consumer may within 14 days withdraw from the Sales Agreement without giving any reason.
2. The course of the period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person designated by the Consumer other than the carrier.
3. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. It is sufficient to keep the deadline for withdrawal from the Contract if the Consumer sends the statement before the deadline.
4. The statement may be sent by traditional mail or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and the Appendix to the Act of May 30, 2014 on Consumer Rights, but it is not mandatory.
5. If the statement is sent by the Consumer electronically, the Seller shall immediately send to the Consumer at the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
6. Consequences of withdrawal from the Contract:
a. In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded.
b. In the event of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
c. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
d. The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of return, whichever event occurs first.
e. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by mail in the usual manner.
g. The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
7. In the event that, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as the cost of returning the Product, will be located in the description of the Product in the Store.
8. The right of withdrawal from a contract concluded at a distance is not granted to the Consumer in relation to the Contract:
a. in which the subject of performance is a non-refabricated thing, produced to the Consumer's specifications or serving to meet his individualized needs,
b. in which the subject of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery,
c. in which the subject of performance is a perishable item or an item with a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the Seller's performance will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
f. in which the subject of performance are things which, after delivery, by their nature, are inseparably combined with other things,
g. in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
h. in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, except for a subscription contract,
j. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the Contract,
Complaints and warranty
1. The Contract of Sale covers new Products.
2. The Seller shall be obliged to provide the Customer with a defect-free item.
3. In the event of a defect in the goods purchased from the Seller, the Customer shall have the right to make a complaint based on the warranty provisions of the Civil Code.
4. The complaint should be reported in writing or by e-mail to the addresses of the Seller given in these Regulations.
5. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the Customer's request in connection with the defect of the goods.
6. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer's request is considered justified.
7. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
Out-of-court ways of handling complaints and pursuing claims
1. Detailed information on the possibility for the Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of out-of-court ways of handling complaints and claims:
a. The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
Personal data in the Online Store
1. The administrator of Customers' personal data collected via the Online Store is the Seller.
2. Customers' personal data collected by the administrator through the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be:
a. In the case of a Customer who uses the method of delivery by mail or courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Online Store.
4. The Customer has the right to access the content of his/her data and to correct them.
5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude such an agreement.
1. Contracts concluded through the Online Store are concluded in Polish and English for foreign customers.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.
3. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Law on Provision of Electronic Services; the Law on Consumer Rights, the Law on Personal Data Protection.
4. The customer has the right to use out-of-court ways of processing complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.