Webshop regulations

1. DEFINITIONS

The below terms are given the following meanings in the Regulations:

1. Contact details of the Seller Piotr Pryjda, conducting business under the name BCM PIOTR PRYJDA, ul. Cieszyńska 362, 43-382 Bielsko-Biała, Poland, e-mail: sales@bcmarket.pl. 

2. Personal data - personal data within the meaning of Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the EU L 119 of 04.05.2016, with further amendments), hereinafter referred to as "Regulation 2016/679".

3. Working days - means weekdays from Monday to Friday excluding public holidays.

4. Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.

5. Foreign Delivery - means a Delivery made outside the Poland in the territory of the countries of the European Union. 

6. Supplier - means the entity with which the Seller cooperates in making the Delivery of Goods.

7. Proof of purchase - invoice, bill or receipt.

8. Functionality - the ability of a digital content, digital service or commodity to perform its function given its intended use.

9. Password - means a sequence of letter, digital or other characters chosen by the Customer during registration in the Online Shop, used to secure access to the Customer's Account in the Online Shop.

10. Integration - the combination of digital content or digital service with elements of the consumer's digital environment and its integration into those elements to ensure compliance with the contract for the provision of digital content or digital service.

11. Interoperability - the ability of the digital content, digital service or good to interact with computer hardware or software other than those normally used for digital content,  digital service or a good of the same type.

12. Customer - means an entity to whom, in accordance with the Terms and Conditions and the law, electronic services will be provided or with whom a Sales Agreement will be concluded.

13. Civil Code - the Civil Code Act of 23 April 1964 with further amendments.

14. Compatibility - the interoperability of digital content, digital service, or goods with computer hardware or software that is normally used to use digital content, digital service, or goods of the same kind, without the need to transform them.

15. Consumer - a natural person making a legal action with an Entrepreneur, not directly related to the Entrepreneur’s business or professional activity. A Consumer is also an Entrepreneur with consumer rights, except as otherwise provided in the Terms and Conditions.

16. Customer Account - means an electronic service marked with an individual Name and Password provided by the Customer. In other words, it is a panel in the Seller's telecommunication system that allows the Customer to use additional functionalities and services. The Customer accesses the Account by means of a Login and Password. The Customer logs into his Account after registering with the Online Shop. The Account allows for saving and storing information about the Customer's address details for dispatching the Products, tracking the status of the Order, access to the Order history and other services made available by the Seller.

17. Shopping cart - a list of products compiled from the products offered in the shop based on the Buyer's choices.

18. Buyer - a natural person with full legal capacity, and in cases provided for by generally applicable laws - a natural person with limited legal capacity or a legal person with full legal capacity, or an organisational unit that is not a legal person but to which specific laws grant legal capacity.

19. Login - means an individual designation of the Customer established by Customer, consisting of a sequence of letter, digital or other characters, required together with a Password to open a Customer Account in the Online Shop.

20. Entrepreneur with consumer rights - a natural person conducting business activity if he/she has purchased goods and has thus entered into a contract with the Seller for the purpose directly related to his/her business activity, but in the situation where the contract does not have a professional character for him/her, in particular arising from his/her business activity.

21. Entrepreneur - means a natural person, a legal person or an organizational unit without legal personality but to which the law confers legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business or professional activity.

22. Regulations/Terms and Conditions - means these regulations of the Online Shop.

23. Registration - means an action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Shop.

24. Przelewy24 service - an online service mediating in the transfer of payments between the Payer and the Merchant [as defined in the "Przelewy24 Service Payment Regulation" available at the website address: https://www.przelewy24.pl/regulamin]. Please direct any comments and complaints regarding payments using this payment channel to the telephones and addresses indicated in the aforementioned regulations. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.

25. Seller/BCM - means Piotr Pryjda, conducting business under the name BCM PIOTR PRYJDA, ul. Cieszyńska 362, 43-382 Bielsko-Biała, NIP: 5471750625, e-mail address: sales@bcmarket.pl.

26. Shop/Internet shop - the website available at https://bcmarket.pl/en, through which, among other things, the Buyer can place an order.

27. Shop website - means the website under which the Seller operates the Online Shop, available at https://bcmarket.pl/en.

28. Digital environment - the hardware, software and network connections used to access or use digital content or a digital service.

29. Goods - means the products presented by the Seller on the website https://bcmarket.pl/en, which may be the subject of a Sales Contract.

30. Goods with digital elements - means Goods containing or connected to digital content or a digital service in such a way that the absence of the digital content or digital service would prevent it from functioning properly.

31. Digital content - means data produced and delivered in digital form.

32. Durability - the ability of a good to retain its function and characteristics in the course of ordinary use.

33. Durable medium - means a material or device enabling the Customer or the Seller to store information addressed personally to the Customer or the Seller in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged of the information stored.

34. Discount code - an electronic discount code in the form of an alphanumeric code, entitling the Buyer to redeem it in the online store https://bcmarket.pl/en operated by the Seller in the form of a percentage or amount discount calculated on the order value or the value of the Goods subject to the discount (excluding shipping costs).

35. Sales Contract/Sales Agreement - means a distance sales contract, on the terms set out in the Terms and Conditions, between the Customer and the Seller.

36. Digital service - means a service that allows the consumer to:

1. the production, processing, storage or access to data in digital form;

2. the sharing of digital data which has been transmitted or created by the consumer or other users of that service;

3. other forms of interaction through digital data.

2. GENERAL PROVISION

1. These Rules [hereinafter referred to as the "Rules"] set out the principles for the use of the online shop operating at https://bcmarket.pl/en, the principles on which sales are conducted via the online shop located at https://bcmarket.pl/en [hereinafter referred to as the "Online Shop"], placing orders for goods available at the Online Shop, the principles of delivery of ordered goods to the Customer, payment of the sales price by the Customer, the Customer's right to withdraw from the contract, as well as the principles for filing and processing of complaints.

2. The shop https://bcmarket.pl/en conducts retail sales of Goods, via the Internet, in the territory of Poland and in other countries of the European Union.

3. All information about the Goods offered for sale by the Seller is provided on the website https://bcmarket.pl/en. Such information is clear, understandable and not misleading, expressed in English, and is sufficient for proper and full use of the Goods. In particular, the information shall include: the type of Goods, safety mark and mark of conformity required by separate regulations, information about the admission to trading in Poland, and according to the type of Goods, as well as other data indicated in separate regulations.

4. The information on the website of the Online Store does not constitute an offer within the meaning of the Civil Code, but is an invitation to conclude a Sales Contract. By placing an order, the Customer makes an offer to purchase specific Goods on the terms and conditions specified in the Regulations.

5. All rights to the Online Store, including property copyright, intellectual property rights to its name, its Internet domain, the Shop's website, as well as to the templates, forms, logotypes placed on the Shop's website (with the exception of logotypes and photographs presented on the Store's website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use may be performed only in the manner specified and in accordance with the Terms and Conditions and with the Seller's consent expressed in writing.

6. Regulations are an integral part of the Sales Contract of the Goods offered by the Seller and exclude the application of any other terms and conditions set out orally or in writing, unless the Parties have expressly agreed otherwise in writing.

7. Goods from the Online Shop are sold to Buyers, via the website https://bcmarket.pl/en, by e-mail, instant messaging service and telephone.

8. Actions aimed at concluding a Sales Contract of Goods through the Online Shop may be performed only by the Buyer or persons duly authorised to act on behalf of the Buyer.

9. BCM stipulates that photographs and descriptions of the Goods placed in the Online Shop are only demonstrative materials which are intended to enable the Buyer to have a general idea of properties, appearance and usable parameters of the Goods. In particular, the appearance of the Goods in the pictures presented in the Online Shop may differ slightly from the external appearance of the Goods delivered to the Buyer, which differences may result from different settings of the Buyer's monitor, lighting conditions, etc. The aforementioned disclaimers do not apply to the technical specifications as well as the brand and model designations of the respective Goods made available in the Online Shop.

10. In purpose of processing an order in the Online Shop and in purpose of using the services provided electronically via the Shop's Website, it is necessary for the Customer to have an active e-mail account.

11. The buyer is obliged to read the Regulations before purchasing from the Online Shop.

3. CONTACT WITH THE SELLER

1. The Seller provides the following means of communication to the Customers:

1. via email to: sales@bcmarket.pl;

2. via an instant messaging service available on the Shop's Website;

3. by post or courier service, addressed to: Cieszyńska 362, 43-382 Bielsko-Biała, Poland.

2. The Buyer has the possibility to contact in relation to the fulfilment of orders in the Online Shop using the instant messaging service, during the hours and days indicated on the website of the Online Shop.

3. The submission of complaints and declarations of withdrawal by customers can take place:

1. via email to: sales@bcmarket.pl;

2. by post or courier service, addressed to: Cieszyńska 362, 43-382 Bielsko-Biała, Poland;

3. in person at the following address: Cieszyńska 362, 43-382 Bielsko-Biała, Poland.

4. SERVICES FREE OF CHARGE

1. At the same time, the Regulations constitute the regulations for the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means [Journal of Laws of 2020, item 344, with further amendments].

2. The Seller provides free of charge electrionic services to Customers:

1. Chat;

2. Maintenance of the Customer Account.

3. The services indicated above are provided 7 days a week, 24 hours a day, with the exception of the Chat service, which is provided during the hours and days indicated on the Shop's Website.

4. The basic service provided electronically to the Customer by the Seller is to enable the placing of an order for the purchase of Goods and to enable the use of the Seller's Website.

5. It is prohibited to provide unlawful content during the use of the Seller's website.

6. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Regulations.

7. The service of maintaining a Customer Account is available after registration on the principles described in the Regulations and consists in making available to the Customer an individual panel within the Shop's Website, which allows the Customer to perform a number of actions without having to enter data in forms each time, including in particular placing orders on the basis of data ascribed to the Customer Account, tracking the status of orders placed via the Account and the history of such orders, submitting returns (declarations of withdrawal from the Sales Agreement), editing data ascribed to the Customer Account.

8. The chat service consists in establishing real-time contact between the Customer and the Seller via a communicator operated by the Seller. Cancellation of the chat service is possible at any time and consists in discontinuing the use of the messenger operated by the Service Provider.

9. A Customer who has registered may request the deletion of a Customer Account, whereby the Account may be deleted within 14 days of the request.

10. The Customer may submit a complaint to the Seller in relation to the use of free services provided electronically by the Seller. The complaint may be submitted electronically. The Customer should include a description of the problem in the complaint. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with a reply.

11. The Seller reserves the right to delete a Customer's Account if the Customer fails to comply with the prohibition on the supply of unlawful content.

5. CUSTOMER ACCOUNT REGISTRATION

1. In order to create a Customer Account, the Customer is obliged to register free of charge.

2. Registration is not necessary to place an order in the Online Shop.

3. In order to register, the Customer should fill in the registration form provided by the Seller on the Shop's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

4. When completing the registration form, the Customer has the opportunity to read the Regulations by accepting their content by marking the appropriate field in the form. Acceptance of the Regulations is a necessary condition for placing orders for the purchase of Goods.

5. After submitting the completed registration form, the Customer shall immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of Registration by the Seller. At this moment, the agreement on electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer gains the possibility to access the Customer's Account and make changes to the data provided during the Registration.

6. A Customer who has made a Registration may delete a Customer Account at any time, whereby if the Seller requests the deletion of a Customer Account, it may be deleted up to 14 days after the request.

6. SUBJECT MATTER AND PRINCIPLES OF THE SALE

1. The Goods presented on the Store's Website are the subject of sale.

2. The Buyer can place orders on the Online Shop via https://bcmarket.pl/en 7 days a week, 24 hours a day.

3. If a purchase is made via the Shop's website, adding goods to the "Shopping cart" and confirming the purchase with the "Confirm purchase" button is tantamount to the Buyer making an offer to conclude a sales contract for the goods which are the subject of the order. An offer made in electronic form via the Internet Shop's website binds the Seller at the moment when the Seller sends a confirmation of the acceptance of the order in an electronic message to the e-mail address provided by the Buyer, which constitutes a declaration by the Seller of the acceptance of the Buyer's offer. At the moment when the Buyer receives the e-mail confirmation from the Seller, a sales contract is concluded.

4. If the Buyer is contacted via telephone or instant messaging service or e-mail, the Seller sends an offer to the e-mail address provided by the Buyer, which contains information about the Goods to be ordered and their price, including delivery costs. The conclusion of the sales contract occurs when the Buyer confirms acceptance of the Seller's offer.

5. The sales invoice is sent by e-mail - to the address provided during order placement. By placing an order, the customer simultaneously agrees to receive the sales document by e-mail.

6. If the Customer purchases the Goods as an entrepreneur, Customer should indicate this circumstance in the Order and indicate the required details of the entity to whom the relevant VAT invoice is to be issued.

7. PAYMENT AND DELIVERY

1. The Shop displays the price for the Goods expressed in Polish zloty (PLN) or in euro gross (including tax) payable to the Seller for transferring the ownership of the Goods to the Customer in accordance with the Sales Contract. The gross price does not include delivery costs of Goods. If the net price is presented in the Shop, it is for information purposes. 

2. Information on delivery costs and any other costs which the Buyer will be obliged to pay in connection with the order will be provided at the time of selecting the delivery method and placing the order, whereby delivery of consignments weighing more than 30 kg and/or bulky items will be determined individually.

3. Delivery is made in the territory of Poland and other countries of the European Union. 

4. The Buyer has the right to choose the method of delivery and the method of payment according to the options available. The currently available payment and delivery methods are indicated each time on the page of the specific Goods.

5. Payment by bank transfer to the Seller's bank account (prepayment) is made on the basis of a proforma invoice issued. The proforma invoice is automatically generated and sent to the e-mail address provided by the Buyer when placing the order.

6. By making a prepayment by bank transfer in Polish zloty (PLN), the amount due for orders should be paid to: ING Bank Śląski S.A. 12 1050 1070 1000 0091 3713 0721. The transfer order should state the order number, the date of the order and the name of the Buyer.

7. By making a prepayment by bank transfer in euro, the amount due for orders should be paid to: PL 75 1050 1070 1000 0091 3713 0945. The transfer order should state the order number, the date of the order and the name of the buyer.

8. In the case of choosing payment via Przelewy24 service, transaction costs may be added to the order in the amount specified during the order as the cost of the transaction. This fee will be added to the total gross value of the order including delivery costs.

9. If the Buyer is a Consumer, the Seller is obliged to immediately deliver the item to the Buyer, no later than thirty days from the conclusion of the contract, after the Buyer has made full payment for the order.

10. The validity period of a placed order is 5 working days. The Buyer is obliged to make payment for the placed order within this period - either by prepayment or personally in cash. After the expiry of this period, if the Buyer has not paid for the order for more than 5 working days or the Seller is unable to contact the Buyer to fulfil the order - the Seller may cancel the order (contractual right of withdrawal).

11. Products ordered from the Online Shop are delivered via courier companies, according to the applicable prices on the day of ordering. Foreign delivery costs depend on the country of delivery and the total weight of the ordered goods. Any other method of ordering requires arrangements between the Seller and the Buyer in each case.

12. The total waiting time for the Goods to be received by the Customer (delivery time) consists of the preparation of the order by the Seller, the time of dispatch and the time of delivery of the Goods by the Supplier.

13. The time limit for delivery of the Goods to the Buyer in the territory of Poland is up to 8 working days, unless a different time limit has been specified in the description of the Goods in question or when placing the Order.

14. Delivery of the Goods outside the Poland shall take place within the period declared by the carrier and shall be between 1 and 20 Business Days depending on the country of destination.

15. The time taken to prepare an order for dispatch is calculated from the day (start of the delivery period) on which the payment is credited to the Seller's bank account.

16. The delivery time of the Goods by the Supplier must be added to the above time, which depends on the type of delivery chosen by the Customer and is indicated each time on the page of the specific Goods. 

17. With regard to the sale of Goods to a Buyer who is a Consumer, it is assumed that the transfer of benefits and burdens and the transfer of ownership of the Goods shall take place at the time of delivery of the Goods to the Consumer. 

18. Within the scope of sale of Goods to the Buyer who is an Entrepreneur, at the moment of handling over the Goods to the carrier, the benefits and burdens related to the sold Goods, risk of accidental loss or damage pass to the Buyer and ownership of the Goods is transferred to the Buyer. The Buyer, referred to in this paragraph, after receiving the Goods is obliged to check their condition at the time and in the manner usual for consignments of a given type. In the event of damage or destruction of a consignment containing the ordered Goods during its transport, the Buyer, who is an Entrepreneur, shall be obliged to claim damages directly from the courier company, which is the carrier. At the same time, the Buyer is obliged to draw up, together with the representative of the courier company, a protocol stating damage, destruction or any quantitative or qualitative shortages visible at the moment of taking over the consignment, under pain of losing any rights towards the Seller.

8. USE OF DISCOUNT CODES

1. The Seller may use Discount codes entitling the Buyer to redeem them in the Shop https://bcmarket.pl/en operated by the Seller.

2. The transfer of a Discount code by the Seller to the Buyer may take place within the framework of a promotional/sales action organized by the Seller or a partner or on the basis of individual arrangements between the Seller and the Buyer.

3. Transfer of the Discount code shall be made in the form selected by the Seller, including electronic, written or oral.

4. Discount codes are not convertible into cash equivalent.

5. The Discount code may be used more than once in the Shop, unless the Seller reserves that the Buyer is entitled to use the Discount code once. 

6. The Discount code entitles the holder to purchase the Goods posted in the Shop at the discount indicated on the coupon, assuming any minimum thresholds marked in the regulations of the promotional/sales action/information provided to the Buyer. The Seller may also provide Discount codes entitling to purchase with a discount selected Goods, e.g. a given brand, specified on the coupon. Then only these Goods are subject to the discount and the value of the discount is not distributed proportionally to all Goods placed in the Cart.

7. The Discount code is active from the moment it is given to the Buyer or from any other moment indicated by the Seller.

8. Discount codes have specific expiration dates. The expiration date is the date until which the Discount code can be redeemed in the Shop and the Goods can be purchased using it. The validity of a Discount code will be determined each time it is given to the Buyer. If the validity period of the Discount code is not specified to the Buyer at the time of transfer, the validity of the Discount code is 3 months from the date the Buyer receives it. After the expiration date, the Discount code cannot be used. 

9. Discount codes are not means of payment, but only amount or percentage discounts granted by the Seller. The Buyer activates the discount by adding the selected Goods covered by the promotional action to the Cart, and then entering the Discount code in the field marked ,,Promo Code". After entering a valid Discount code and accepting it by pressing the button "Add", the Buyer is granted a discount calculated from the current retail price of the Goods in accordance with the rules specified in the Regulations.

10.Discount codes do not sum up. A Buyer cannot use two codes during one purchase. 

11.The Discount code does not combine with any other promotional or sale offers available in the Shop. The terms and conditions of the promotional or sales action under which the Buyer received the Discount code or the Seller's individual arrangements with the Buyer may assume otherwise.

12.Goods that have been purchased using the Discount code may be returned under the terms of the Shop Regulations.

13.In the case of return of Goods purchased under the promotion, the Buyer will be refunded the value of the Goods as shown on the receipt or invoice. 

14.Complaints and claims related to the use of Discount codes can be sent to: sales@bcmarket.pl 

15.A complaint or claim should include: Buyer's name, correspondence address (or e-mail) and a description of the circumstances giving rise to the complaint or claim. 

16. Complaints and claims will be considered within 14 days from the date of delivery to the Seller.

9. WITHDRAWAL FROM THE SALES CONTRACT BY THE SELLER

1. The Seller reserves the right to withdraw from the concluded sales contract within 14 days of the order being placed in the case of:

1. persistent failure (more than twice) on the part of the Buyer to make payments resulting from previous orders within the time limits resulting from these Terms and Conditions;

2. inability to fulfil all or part of the order for reasons beyond the Seller's control, in particular lack of stock or inability to obtain the Goods from the manufacturer in a timely manner;

3. that the Seller has reasonable doubts as to the order proces on the part of the Buyer.

The Seller withdraws from the sales contract by submitting a statement of withdrawal to the Buyer, transmitted via the e-mail address that the Buyer used to contact the Seller.

10. SELLER'S LIABILITY FOR GOODS NOT BEING IN CONFORMITY WITH THE SALES CONTRACT IN BUSINESS-TO-CONSUMER TRADE 

1. The Seller shall be liable to the Consumer for non-conformity of the Goods with the Sales Contract existing at the time of delivery and disclosed within two years from that time, unless the Goods' expiry date, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.

2. With regard to Goods with digital elements, the Seller shall be liable to the Consumer for any non-conformity with the contract of digital content or digital service supplied on a continuous basis which has occurred or become apparent at the time when, in accordance with the Contract, they were to be supplied. This time shall not be less than two years from the time the Goods with digital elements were delivered.

3. Goods conform to the Sales Contract if, in particular, their conformity with the contract of sale remains:

1. description, type, quantity, quality, completeness and functionality and, for Goods with digital elements, also compatibility, interoperability and availability of updates;

2. suitability for the specific purpose for which it is needed by the Consumer, which the Consumer has notified the Seller at the latest at the time of the conclusion of the Sales Contract and which the Seller has accepted.

4. In addition, the Goods must, in order to be deemed to comply with the Sales Contract:

1. be fit for the purposes for which Goods of that kind are normally used, having regard to the applicable laws, technical standards or good practice;

2. appear in such quantity and have such characteristics, including durability and safety and, in relation to Goods with digital elements, also functionality and compatibility, as are typical for Goods of that type and which the consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller proves that:

• did not know about the public assurance in question and, judging reasonably, could not have known about it,

• prior to the conclusion of the Agreement, the public assurance was rectified in the terms and form in which the public assurance was given or in a comparable manner,

• the public assurance did not influence the Consumer's decision to conclude the Sales Contract;

3. be supplied with packaging, accessories and instructions which the Consumer may reasonably expect to be provided;

4. be of the same quality as the sample or model which the seller made available to the consumer before the conclusion of the contract and correspond to the description of such sample or model.

5. The Seller shall not be liable for the lack of conformity of the Goods with the Sales Contract if the Consumer, no later than at the time of conclusion of the Contract, has been expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the Contract and has expressly and separately accepted the lack of a specific feature of the Goods.

6. The Seller shall be liable for non-conformity of the Goods with the Sales Contract resulting from incorrect installation of the Goods if:

1. was carried out by or under the responsibility of the Seller;

2. the incorrect installation carried out by the Consumer was due to errors in the instructions provided by the Seller or a third party (in the case of Goods with digital components).

7. If the Goods do not comply with the Sales Contract, the Consumer may request repair or replacement.

8. The Seller may make a replacement at the Consumer’s request for repair, or the Seller may make a repair when the Consumer requests replacement, if bringing the Goods into conformity with the Sales Contract in a manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or unreasonable costs concern both repair and replacement, the Seller may refuse to bring the Goods into conformity with the Contract. In such a case, the Consumer may submit a statement on price reduction or withdrawal from the Contract. When assessing the excessiveness of the costs for the Seller, all circumstances of the case shall be taken into account, in particular the importance of the non-conformity of the Goods with the Sales Contract, the value of the Goods conforming to the Sales Contract and the excessive inconvenience for the Consumer resulting from the change of the manner of bringing the Goods into conformity with the Sales Contract.

9. The Seller shall repair or replace the Goods within a reasonable time from the time the Seller was informed by the Consumer of the Goods' non-conformity with the Sales Contract.

10. The cost of repairing or replacing the Goods shall be borne by the Seller. The Consumer shall be obliged to make the Goods subject to repair or replacement available to the Seller for collection, which shall take place at the Seller's expense.

11. If the Goods were assembled before the Goods became incompatible with the Contract, the Seller shall dismantle the Goods and reassemble them after repair or replacement, or have them done at his own expense.

12. The consumer may make a declaration to reduce the price or withdraw from the contract if the Goods do not comply with the Sales Contract when:

1. the Seller has refused to bring the Goods into conformity with the Sales Contract;

2. the Seller has not brought the Goods into conformity with the Sales Contract;

3. the non-conformity of the Goods with the contract continues despite the fact that the Seller has tried to bring the Goods into conformity with the Sales Contract;

4. the non-conformity of the Goods with the contract is such as to justify either immediate reduction in price or cancellation of the Sales Contract;

5. it is clear from the Seller's statement or the circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer.

13. The reduced price must remain in such proportion to the price under the Sales Contract as the value of the Goods not in conformity with the Sales Contract remains to the value of the Goods in conformity with the Sales Contract. Reimbursement of the amount due resulting from the exercise of the right to reduce the price shall be made no later than within 14 days of receipt of the Consumer's declaration of price reduction.

14. The Seller may not accept the Consumer's declaration of withdrawal from the Sales Contract if the Seller proves that the non-conformity of the Goods with the Sales Contract is insignificant.

15. In the event of withdrawal from the Sales Contract, the Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall reimburse the price no later than within 14 days from the date of receipt of the Goods or proof of their return.

16. The Seller will respond to the complaint within 14 days of sending it.

17. In order for the Seller to consider the complaint, the Buyer should provide the complaint notification together with the Goods and the proof of purchase:

1. by sending the Goods to the Seller's address;

2. by personal delivery of the Goods to the Seller's address.

18. The complaint notification should contain personal data:

• name,

• contact details in the form of e-mail and telephone number,

• indication of the reason for the complaint,

• content of the request.

11. LIABILITY OF A SELLER FOR NON-CONFORMITY OF DIGITAL CONTENT WITH THE SALES CONTRACT BETWEEN CONSUMERS AND ENTREPRENEURS WITH CONSUMER RIGHTS

1. The Seller shall supply the Digital Content delivered on an intangible medium to the Consumer immediately after the conclusion of the contract, unless the parties have agreed otherwise.

2. Digital Content supplied on an intangible medium shall be deemed to have been delivered when the Digital Content or the means by which the Digital Content can be accessed or downloaded has been made available to the Consumer or to a physical or virtual device which the Consumer has independently chosen for that purpose, or when the Consumer or such device, has accessed it.

3. If the Seller has failed to deliver the Digital Content delivered on an intangible medium, the Consumer shall request the Seller to deliver it. If the Seller fails to deliver the Digital Content immediately or within an additional period of time expressly agreed upon by the parties, the Consumer may withdraw from the Sales Contract.

4. The Consumer may withdraw from the Sales Contract without calling for Digital Content delivered on an intangible medium if:

1. it is clear from the Seller's statement or circumstances that it will not supply the Digital Content or

2. The Consumer and the Seller have agreed, or it is clear from the circumstances of the conclusion of the Sales Contract, that a specific deadline for the delivery of the Digital Content was of material importance to the Consumer and the Seller has not delivered it within that deadline.

5. The burden of proof of delivery of Digital Content delivered on an intangible medium shall be on the Seller.

6. If the Consumer withdraws from the Sales Contract:

1. The Seller may not use content other than personal data provided or created by the Consumer in the course of using digital content or a digital service provided by the Seller, with the exception of content that:

• is only useful in connection with the digital content or digital service which was the subject of the contract;

• relate exclusively to the Consumer's activity during the use of the digital content or digital service which was the subject of the contract;

• have been linked by the Seller with other data and cannot be disconnected without undue difficulty;

• have been produced by the Consumer jointly with other Consumers who may continue to use them.

2. The Seller may request the return of the tangible medium on which it has supplied the Digital Content within 14 days of receipt of the Consumer's declaration of withdrawal from the Contract. The Consumer shall return the medium immediately and at the Seller's expense.

3. The Seller shall only be obliged to reimburse the price for the part corresponding to the Digital Content or Digital Service which does not comply with the Contract and the Digital Content or Digital Service whose obligation to provide it has fallen due to withdrawal from the Contract.

4. The Seller is obliged to reimburse the Consumer the price payable as a result of exercising the right of withdrawal or price reduction immediately, but no later than within 14 days of receipt of the Consumer's declaration of withdrawal or price reduction.

5. The Seller shall 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 incur any costs for the Consumer.

7. Digital content complies with the Sales Contract if, in particular, its compliance with the Sales Contract remains:

1. description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates;

2. suitability for the specific purpose for which the consumer needs them, which the consumer has notified the trader of at the latest at the time of the conclusion of the contract and which the trader has accepted.

8. In addition, Digital Content must, in order to be deemed to comply with the Sales Contract:

1. be suitable for the purposes for which digital content of this kind is usually used, having regard to the applicable laws, technical standards or good practices;

2. appear in such quantity and have such characteristics, including functionality, compatibility, availability, continuity and security, as are typical of digital content of that nature and which the consumer may reasonably expect, taking into account the nature of the digital content and the public assurances made by the Seller, its legal predecessors or persons acting on its behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:

• did not know about the public assurance in question and, judging reasonably, could not have known about it,

• prior to the conclusion of the contract, the public assurance was rectified under the conditions and in the form in which the public assurance was given or in a comparable manner,

• the public assurance did not influence the Consumer's decision to enter into the contract;

3. be supplied with such accessories and instructions as the Consumer may reasonably expect;

4. be in accordance with the trial version or preview made available to the Consumer by the Seller prior to the conclusion of the Sales Contract.

9. The Consumer shall be informed of and receive updates, including security features, necessary for the Digital Content to comply with the Sales Contract in a timely manner:

1. the supply of digital content as specified in the contract on the basis of which the supply is continuous or

2. reasonably expected by the Consumer, taking into account the type of Digital Content and the purpose for which it is used and the circumstances and nature of the contract, where the Sales Contract provides for the Digital Content to be supplied in one go or in parts.

10. If the Consumer fails to install an update in accordance with Clause XI.9 above within a reasonable time, the Seller shall not be liable for the Digital Content's non-conformity with the Sales Contract resulting solely from the failure to update if:

1. the Consumer was informed about the update and the consequences of not installing it;

2. the non-installation or incorrect installation of the update was not due to errors in the installation instructions provided by the Seller.

11. The Seller shall not be liable for the non-conformity of the Digital Content with the Sales Contract to the extent referred to in Clause XI.7 or Clause XI.8 if the Consumer, at the latest at the time of conclusion of the Sales Contract, has been expressly informed that a specific characteristic of the Digital Content deviates from the requirements for conformity with the Sales Contract set out in Clause XI.7 or Clause XI.8 and has expressly and separately accepted the lack of a specific characteristic of the Digital Content.

12. The digital content shall be provided by the Seller in the version of which the Consumer is informed prior to the conclusion of the Sales Contract.

13. The Seller shall be liable to the Consumer for any lack of conformity with the Sales Contract of Digital Content supplied singly or in parts which existed at the time of supply and became apparent within two years of that time. Any lack of conformity of the Digital Content with the Sales Contract which became apparent before the expiry of one year after delivery of the Digital Content shall be presumed to have existed at the time of delivery. The Seller may not rely on the expiry of the time limit for establishing the lack of conformity of the Digital Content with the Sales Contract if the Seller has fraudulently concealed the lack.

14. The Seller shall be liable to the Consumer for any non-conformity with the Sales Contract of Digital Content supplied on a continuous basis which occurred or became apparent at the time when, in accordance with the Sales Contract, they were to be supplied. The non-conformity of the Digital Content with the Sales Contract shall be presumed to have occurred during that time if it became apparent during that time.

15. The Seller shall be liable to the Consumer for the non-conformity with the contract of the Digital Content to the extent regulated in Clause XI.13, which has occurred within the time period specified in that Clause.

16. The presumptions set out in Clauses XI.13 and XI.14 shall not apply if:

1. the Consumer's digital environment is not compatible with the technical requirements that the Seller has communicated to the Consumer in a clear and comprehensible manner prior to the conclusion of the Sales Contract;

2. the Consumer, informed in a clear and comprehensible manner prior to the conclusion of the Sales Contract of the obligation to cooperate with the Seller, to a reasonable extent and using the least onerous technical means, in order to determine whether the lack of conformity of the Digital Content with the Sales Contract in a timely manner is due to the characteristics of the Consumer's digital environment, shall not comply with this obligation.

17. If the Digital Content is not in conformity with the Sales Agreement, the Consumer may request that it be brought into conformity with the Sales Agreement. The Seller may refuse to bring the Digital Content into conformity with the Sales Agreement if bringing the Digital Content into conformity with the Sales Agreement is impossible or would require excessive costs for the Seller. In assessing the excessive cost to the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Digital Content with the Sales Agreement and the value of the Digital Content in conformity with the Sales Agreement.

18. The Seller shall bring the Digital Content into conformity with the Sales Agreement within a reasonable time after the Seller has been informed by the Consumer of the lack of conformity with the Sales Agreement and without undue inconvenience for the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content into conformity with the Sales Agreement shall be borne by the Seller.

19. If the Digital Content is not in conformity with the Sales Contract, the Consumer may make a declaration to reduce the price or withdraw from the contract when:

1. bringing the Digital Content into conformity with the Sales Contract is impossible or requires unreasonable costs;

2. the Seller has not brought the Digital Content into conformity with the Sales Contract;

3. the non-conformity of the Digital Content with the Sales Contract continues even though the Seller has attempted to bring the Digital Content into conformity with the Sales Contract;

4. the non-conformity of the Digital Content with the Sales Contract is such as to justify either a reduction of the price or withdrawal from the Sales Contract without first availing itself of the remedy set out in Clause XI.17 and Clause XI.18 of the Regulations;

5. it is clear from the Seller's statement or the circumstances that the Seller will not bring the Digital Content into conformity with the Sales Contract within a reasonable time or without undue inconvenience for the Consumer. 

20. The reduced price must be in such proportion to the price under the Sales Contract as the value of the Digital Content not in conformity with the Sales Contract remains to the value of the Digital Content in conformity with the Sales Contract. If the Sales Contract stipulates that the Digital Content is delivered in parts or continuously, the price reduction must take into account the time during which the Digital Content remained non-compliant with the Sales Contract .

21. The Seller may not accept the Consumer's declaration of withdrawal from the Sales Contract if the Seller proves that the lack of conformity of the Digital Content supplied in exchange for the payment of the price with the Sales Contract is insignificant.

22. Contracts for the sale of Digital Content concluded by the Seller do not include the Consumer's actions of providing the Seller with or producing other content by the Consumer.

23. The Seller may request the return of the tangible medium on which it has supplied the Digital Content within 14 days of receipt of the Consumer's declaration of withdrawal from the Sales Contract. The Consumer shall return the medium immediately and at the Seller's expense.

24. The Seller shall not be entitled to claim payment for the time during which the Digital Content was not in conformity with the Sales Agreement, even if the Consumer actually used it before withdrawing from the contract.

25. The Seller shall only be obliged to reimburse the price for the part corresponding to the Digital Content that does not comply with the Sales Contract and the Digital Content whose obligation to deliver has fallen due to the withdrawal from the Sales Contract.

26. The Seller is obliged to reimburse the Consumer the price due as a result of exercising the right to withdraw from the Sales Contract or reduce the price immediately, no later than within 14 days of receipt of the Consumer's statement on withdrawal from the Sales Contract or price reduction. The Seller shall reimburse the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not incur any costs for the Consumer.

27. The Seller may make a change to Digital Content that is not necessary for it to comply with the Sales Contract only if the Sales Contract prescribes it and only for justified reasons indicated in the Sales Contract. However, the Seller may not make a change to Digital Content provided on a one-off basis. The introduction of the change may not entail any costs on the part of the Consumer. The Seller is obliged to inform the Consumer in a clear and comprehensible manner of the change being made.   

28. If the change referred to in Clause XI.27 of the Regulations, materially and adversely affects the Consumer's access to or use of the Digital Content, the Seller shall be obliged to inform the Consumer well in advance on a durable medium of the characteristics and date of the change and the right referred to in Clause XI.27 of the Regulations. In this case the Consumer may terminate the Sales Contract without notice within 30 days from the date of the change or the notification of this change, if the notification was made later than this change. The provisions of Clause XI.23-27 of the Terms and Conditions shall apply accordingly. The Consumer may not terminate the Sales Agreement if the Seller has provided the Consumer with the right to retain, at no additional cost, the Digital Content compliant with the Sales Agreement in an unchanged condition.

29. Whenever Clause XI.1-28 of the Regulations refers to a Sales Contract, it shall mean a contract for the supply of Digital Content.

12. COMPLAINTS BY ENTREPRENEURS AND ENTREPRENEURS 
    WITH CONSUMER RIGHTS

1. In the case of sale of Goods from the Online Store to a Buyer who is an Entrepreneur, the Seller excludes its liability under warranty for physical and legal defects according to the principles specified in the Civil Code, including exclusion of liability for latent defects of these Goods. The exclusion of the Seller's liability under warranty, referred to in the preceding sentence, shall also apply to a natural person concluding a contract directly related to his economic activity, where the contents of this contract indicate that it has not professional nature for this resulting in particular from the object of the economic activity conducted by said person, made available under the provisions on the Central Registration and Information on Business.

2. The Seller, in transactions with Buyers who are Entrepreneurs, shall be liable for non-performance or undue performance of a contract for the sale of goods or services only in the case of intentional damage and only within the limits of the actual loss incurred by the Buyer - up to the amount of the price paid and the cost of delivery. Any disputes concerning the Seller's transactions with Buyers who are Entrepreneurs shall be resolved by a common court of competent jurisdiction according to the Seller's place of business.

13. WITHDRAWAL FROM THE CONTRACT

1. If the Buyer is a Consumer he has the right to withdraw from the contract in accordance with the following provisions. A Consumer is also an Entrepreneur with consumer rights.

2. A consumer who has concluded a Sales Contract may withdraw from it within 14 days without stating a reason.

3. If the Consumer exercising his right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by him.

4. In the event of withdrawal, the Buyer who is a Consumer shall bear only the direct costs of return.

5. The period for withdrawal from the Sales Contract by the Consumer shall begins at the moment when the Consumer or a third party indicated by the Consumer other than the carrier takes possession of the Goods.

6. The consumer may withdraw from the Sales Contract by submitting a statement of withdrawal to the Seller. The declaration may be submitted on a form, a model of which has been made available on the Shop's website at: Withdrawal from the contract. Sending the declaration before its expiry is sufficient to meet the deadline.

7. If the right of withdrawal is exercised effectively, the contract shall be deemed to have not been concluded and the Buyer shall be free from any obligations. If the Consumer has made a declaration of withdrawal before the Seller has accepted his offer, the offer shall cease to be binding.

8. The Consumer shall be liable for any diminished value of the purchased Goods resulting from the behawior that goes beyond the necessary steps to familiar with the nature, characteristics and functioning of the Goods.

9. The Seller shall immediately, but not later than within 14 days of receipt of the Consumer's declaration of withdrawal from the contract, refund to the Consumer all payments made by the Consumer, including the costs of delivering the Goods.

10. Return of payment will be made using the same form of payment as the Consumer used. If the Consumer has paid for the Goods by bank transfer, the reimbursement shall be made to the bank account indicated by the Consumer in the withdrawal statement. If the Consumer has not indicated such a number in the withdrawal statement, the refund will only be made after the Consumer has provided the bank account number. In the event that the Consumer pays for the Goods on delivery (cash on delivery), the reimbursement will be made to the bank account indicated by the Consumer in the withdrawal statement (provided that the Consumer has indicated such an account). If the Consumer has not indicated a bank account, the Seller shall send a request to the Consumer at the e-mail address provided by the Consumer to send the number of the bank account to which the refund should be made or shall contact the Consumer on this matter by telephone.

11. The Seller may withhold reimbursement of payments received from the Consumer until it has received the Goods back, or the Consumer has provided evidence of having sent the Goods back, depending on which event occurs first.

12. Return of the Goods should take place immediately - at the Seller's request - together with sending the declaration of withdrawal or separately - but not later than within 14 days from the date of sending the declaration of withdrawal by the Buyer. Return of the Goods by cash on delivery shall not be accepted (such deliveries shall will not be accepted, therefore the Goods shall be deemed as not returned).

13. The Consumer has no right of withdrawal from the Sales Contract in accordance with the contracts:

1. when the object of the performance are a non-refabricated Goods made to the Consumer's specifications or intended to meet the Consumer's personalised needs;

2. where the object of the performance are Goods which undergoes rapid decay or have a short expiry date;

3. where the object of the service are Goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;

4. in which the object of the performance are Goods which, after delivery, by their nature become inseparable from other things;

5. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;

6. for the provision of an additional service, if the Seller has performed the service in full with the express and prior consent of the Consumer, who has been informed before the provision of the additional service commences that after the Seller's performance of that service he will lose his right of withdrawal, and has acknowledged this;

7. in which the Goods are a thing which, once delivered, by its nature, is inseparably combined with other things;

8. for the supply of digital content on an intangible medium for which the Consumer is liable to pay the price, if the performance of the service by the Seller has begun with the express and prior consent of the Consumer, who has been informed before the beginning of the performance that after its performance by the Seller he will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the Consumer with a confirmation of the expression of the above consent by the Consumer on a durable medium.

14. GUARANTEE

1. The Seller shall inform the Purchasers of the guarantee to which they are entitled from the manufacturer of the Goods or the distributor, if such a guarantee has been granted.

2. If a given Goods or Services are covered by a guarantee, information concerning the existence of a guarantee is presented in a prominent place on the Shop's website, next to the description of the given Goods or Services.

15. INFORMATION CLAUSE

1. The personal data received by the Seller in the course of processing an order is processed by the Seller as a personal data controller on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the EU L 119 of 04.05.2016, with further amendments), hereinafter referred to as "Regulation 2016/679".

2. The provision of personal data when registering or placing an order is voluntary, but necessary for the performance of the sales contract concluded in the Online Shop. The customer has the right to access and change his personal data provided during registration in the Online Shop.

The processing of personal data is governed by the Privacy Policy. 

16. TECHNICAL REQUIREMENTS

1. The use of the Online Shop by the Buyer is possible provided that the Buyer's teleinformation system meets the following minimum technical requirements:

1. use of the latest version of Chrome, Firefox, Microsoft Edge, Safari or Opera browser;

2. Javascript is enabled in your browser;

3. enable cookies and page data in your browser;

4. disabling ad blockers (such as uBlock, etc.) in your browser.

2. The Online Shop website is responsive and adapts dynamically to any screen resolution.

17. FINAL PROVISIONS

1. The Regulations shall enter into force as of the date of their posting on the website of the Online Shop and shall apply to orders placed from 09.10.2024 year. 

2. The Seller reserves the right to amend the Regulations. All orders accepted by the Seller for fulfilment before the effective date of the new Regulations are realised on the basis of the Regulations that were in force on the day the Customer placed the order.

3. The Regulations and all relations (including disputes) between the Buyer and the Seller in connection with the conclusion of the Sales Contract shall be governed by Polish law, and by this paragraph the parties (Seller and Buyer) supersede any contrary/conflicting choice of law rules. The parties expressly stipulate that the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply to the relationship between the Seller and the Buyer.

4. The parties, including the Buyer who is not a Consumer at the same time, submit to the personal and exclusive jurisdiction of the common courts located in Poland with jurisdiction over the Seller's registered office. 

5. No rights or obligations of the Buyer under the Sales Contract between the Buyer and the Seller may be assigned or transferred by the Buyer to any other person or entity without the prior express written consent of BCM.

6. Sales contracts are concluded in accordance with Polish law. The choice of Polish law shall not have the effect of depriving the consumer of a higher level of protection than would be provided by the law in his country of origin. 

7. The Seller shall inform the Customer who is a Consumer about the possibility to use out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available in the offices or on the websites of entities entitled to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that an online platform for the resolution of disputes between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.