Terms & Conditions

1. General Provisions

Definitions of Terms and Phrases Used in These Regulations

These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Online Shop, excluding those provisions of the Terms and Conditions that provide otherwise and are addressed exclusively to Consumers or exclusively to Customers or exclusively to Entrepreneurs.

2. Customer Account and Other Electronic Services

The following Electronic Services are available in the Online Shop: Account Creation Form, Account and Order Form.

The use of an Account is voluntary. The Customer may conclude the Sales Agreement without creating an Account.

Creating an Account

In order to set up an Account, the Customer should fill in the Account Registration Form with the email address and password assigned by the Customer and click on the “Register” button.

Placing an Order

The Order shall be placed after the Customer has completed the following steps using the Order Form:

1. Adding the Goods to the electronic shopping cart.
2. Clicking the “Proceed to checkout” button.
3. Filling in the Order Form with the required customer information, including name, address, email address, telephone number, delivery method and payment method.

Until the Order is submitted, the Customer has the possibility of independently modifying the entered data using the messages and information displayed on the website.

Technical Requirements

Technical requirements necessary for cooperation with the IT system used by the Seller include a computer, laptop or other electronic device with Internet access, a supported web browser, enabled cookies and access to email.

Complaint Procedure for Electronic Services

Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Shop may be submitted:

• In writing to: Targowa 9, 45-070, Opole.
• By email to: betaafromarket@gmail.com

The Seller shall respond to the complaint no later than within 14 calendar days from the date of its submission.

An Account is created free of charge for an indefinite period. The Customer may delete the Account at any time by sending an appropriate request to the Seller.

In the event of Account deletion, Account data shall be deleted, except for data necessary for the complaint process and handling of possible claims, which shall be stored until the expiry of applicable limitation periods.

3. Conclusion of the Sales Agreement

The price of the Goods indicated on the website of the Online Store is given in Polish zlotys and includes taxes. Information about the price of the Goods, delivery costs and any other costs is displayed during the ordering process.

The Sales Agreement in the Online Shop is concluded via the Order Form.

After the Order has been placed, the Seller shall immediately confirm its receipt and accept the Order for fulfilment by sending an email message to the Customer.

The Sales Agreement between the Customer and the Seller is concluded upon receipt by the Customer of the confirmation email.

The Sales Agreement is preserved, secured and made available to the Customer through the Terms and Conditions available on the website and the appropriate confirmation email.

If the Goods are unavailable in the quantity ordered by the Customer, the Seller shall contact the Customer by email or telephone to determine the course of action.

4. Methods of Payment

The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:

Detailed information about the current available payment methods is provided when filling in the Order Form.

If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement.

5. Delivery and Acceptance of Goods

Delivery of Goods is available in the territory of the Republic of Poland and to all Member States of the European Union.

Delivery of Goods to the Customer is chargeable unless the Sales Agreement provides otherwise. Delivery costs are indicated on the Online Shop and during the ordering process.

The Seller provides delivery within the territory of the Republic of Poland in cooperation with carriers including Glovo, InPost and DHL Parcel, and to Member States of the European Union in cooperation with DHL.

Customers may choose the delivery method from the methods offered by the Online Shop, including available DPD, InPost and DHL options.

Delivery costs are given in the Shipping Information tab, shopping cart and Order Form. Delivery costs may depend on the weight of the Goods and the place of delivery.

Orders within the territory of Opole are fulfilled between 3–5 business hours of placing the Order.

The Customer may collect the Order in person at the Point of Sale after receiving an additional email stating that the Order is ready for collection.

The Customer is responsible for the correctness of the delivery address. If an incorrect delivery address is indicated in the Order Form, the Customer must inform the Seller immediately.

In special cases, upon prior agreement with the Customer, the Seller may make delivery at a time other than that indicated in these Terms and Conditions.

The Customer is obliged to allow the carrier to carry out the delivery.

The Seller shall document the fact of delivery of the Goods.

In the event that the Customer does not collect the Goods on the delivery date and does not contact the Seller within 24 hours, the Order may be cancelled in accordance with these Terms and Conditions.

6. Seller’s Liability to Consumers for Non-Conformity of Goods with the Sales Agreement and Complaints

The Seller shall be liable to the Consumer for non-compliance of the Goods with the Sales Agreement existing at the time of their delivery and disclosed within two years from that time, unless the applicable period specified by the Seller or applicable law is longer.

Conformity of Goods

The Goods comply with the Sales Agreement if, in particular, their description, type, quantity, quality, completeness and functionality correspond to the Agreement.

The Goods must also be suitable for the purposes for which Goods of that kind are normally used, taking into account applicable laws, technical standards or good practice.

The Goods should have the quantity, characteristics, durability and safety that a Consumer may reasonably expect, taking into account the nature of the Goods and public assurances made by the Seller.

Complaints

The Seller shall respond to the Consumer’s complaint within 14 days of receipt. The response will be provided in writing or by email.

The costs of repair or replacement of the Goods shall be borne by the Seller where applicable.

If the Goods are not in conformity with the Sales Agreement, the Consumer may exercise the rights available under applicable law, including requesting repair or replacement or, where legally applicable, a reduction of the price or withdrawal from the Sales Agreement.

The Seller shall return amounts due as a result of exercising the right to reduce the price in accordance with the applicable legal requirements.

Any complaints related to the Goods or performance of the Sales Agreement may be submitted by the Consumer in any form. The Consumer may also send photographic documentation of the Goods under complaint to the Seller’s email address.

7. Seller’s Liability Towards Entrepreneurs

The Seller is entitled to withdraw from a Sales Agreement concluded with an Entrepreneur within 14 calendar days from its conclusion, without giving a reason and without giving rise to claims by the Entrepreneur towards the Seller.

In relation to Entrepreneurs, the Seller may limit available payment methods, including requiring prepayment in full or in part.

Upon issuance of the Goods by the Seller to the carrier, the benefits and burdens associated with the Goods as well as the risk of accidental loss or damage to the Goods shall be transferred to the Entrepreneur in accordance with the applicable provisions.

If Goods are sent to an Entrepreneur via a carrier, the Entrepreneur is obliged to examine the consignment at the time and in the manner usual for consignments of this type.

In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Goods towards the Entrepreneur is excluded.

Any disputes arising between the Seller and the Entrepreneur shall be submitted to the court having jurisdiction over the registered office of the Seller.

8. Right of Withdrawal from the Sales Agreement

The declaration of withdrawal may be submitted:

• In writing to: Targowa 9, 45-070, Opole.
• By email to: betaafromarket@gmail.com

A template withdrawal form is included in the Annex to these Terms and Conditions. The Consumer may use the sample form, but it is not obligatory.

The deadline for withdrawal from the contract shall start from the taking possession of the Goods by the Consumer or a third party indicated by the Consumer other than the carrier.

In the case of withdrawal from the Sales Agreement concluded at a distance, the Sales Agreement shall be considered not concluded.

The Seller shall return to the Consumer, no later than within 14 calendar days from the date of receipt of the Consumer’s declaration of withdrawal, all payments made by the Consumer, including applicable delivery costs.

The Consumer is obliged to return the Goods to the Seller no later than within 14 calendar days from the date on which the Consumer withdrew from the contract.

The Consumer may return the Goods to:

Exceptions to the Right of Withdrawal

The right of withdrawal from a distance contract shall not be granted in respect of contracts covered by applicable statutory exceptions, including certain contracts involving:

• Services fully performed with the Consumer’s express consent.
• Goods manufactured to the Consumer’s specifications or serving to meet individual needs.
• Goods which are perishable or have a short shelf life.
• Sealed Goods which cannot be returned for health or hygienic reasons after opening.
• Goods which become inseparably mixed with other goods after delivery.
• Certain alcoholic beverages under the conditions specified by law.
• Certain services related to accommodation, transport, catering, leisure, entertainment, sports or cultural events where a date or period is specified.
• Digital content supplied without a tangible medium where performance has begun with the Consumer’s express consent and acknowledgement of loss of the withdrawal right.

9. Out-of-Court Settlement of Claims

Detailed information concerning the possibility for Consumers to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available from the Office of Competition and Consumer Protection.

Consumers may also seek assistance from appropriate consumer protection bodies, including a district or city consumer ombudsman or relevant consumer protection organisations.

The Consumer may also use applicable amicable consumer dispute resolution procedures available under Polish law.

10. Processing of Personal Data

Personal data shall be processed by the Seller in accordance with the principles set out in the provisions on personal data protection, including the RODO and the Act of 10 May 2018 on personal data protection.

Purposes of Processing

• Performance of contracts under Article 6(1)(b) of the RODO.
• Legitimate interests of the Administrator, including marketing of the Seller’s services under Article 6(1)(f) RODO.
• Fulfilment of legal obligations, including tax and accounting obligations under Article 6(1)(c) RODO.

The provision of personal data is voluntary, but necessary for the Seller to provide the service.

Recipients of Personal Data

Recipients may include entities providing accounting services to the Seller, entities cooperating with the Seller and public authorities.

Personal data shall not be transferred outside the European Economic Area.

Data Subject Rights

• Access to personal data
• Rectification
• Restriction of processing
• Data portability
• Right to object
• Request for erasure of data

The data subject shall also have the right to lodge a complaint with the supervisory authority – the President of the Office for Personal Data Protection.

Personal data shall be processed for the periods applicable to the relevant legal basis, including limitation periods related to agreements, legitimate interests pursued by the Seller and periods required by law.

Personal data processed by the Seller shall not be subject to profiling or other automated decision-making.

11. Final Provisions

Any changes to these Terms and Conditions shall be made by the Seller. Registered Customers shall be informed of changes by email or by information placed on the website and visible after logging in and before placing an Order.

The Terms and Conditions shall enter into force 7 days after the Seller has published information about the changes.

The previous provisions of the Regulations shall apply to Orders placed before an amendment.

The Sales Agreement and the Agreement for Electronic Services shall be governed exclusively by Polish law.

Annex – Model Withdrawal Form