Terms and conditions of Bagind company Ltd. based in Čs. Legií 152/8, 702 00 Moravská Ostrava, Czech Republic.
Identification number: CZ06190448
registered in the Commercial Register kept at the Regional Court in Brno, C 100613 for the sale of goods through the on-line shop located at the Internet address www.bagind.pl
1.1 These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of Bagind company Ltd., based at Čs. Legií 152/8, 702 00 Moravská Ostrava, Czech Republic identification number: CZ06190448, registered in the Commercial Register maintained by the Regional Court in Brno, C 100613 (hereinafter referred to as the "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") and Act No. 374/2022 Coll, on consumer protection, the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at the Internet address (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface"). https://bagind.pl/
1.2 The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession when ordering goods.
1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. The deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in English. The contract of sale may be concluded in English.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2.1 Based on the Buyer's registration made on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer no longer uses his/her user account or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3.1 All presentation of goods placed in the web interface of the shop is informative and the Seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. The information about the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Poland.
3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and,
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered in the Order. The Buyer sends the order to the Seller by clicking on the "Send Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional order confirmation (for example, in writing or by phone).
3.7 The contractual relationship between the Seller and the Buyer shall be established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
3.9 If there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
4.1.1. by wire transfer to the Seller's account, (hereinafter referred to as the "Seller's account"),
4.1.2. by non-cash means through a secure payment gateway that includes:
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance
4.4 In case of payment in cash or in case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 3 days of the conclusion of the purchase contract.
4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.6 The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.8), to require payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address. At the same time, when picking up the goods at the shop, the Seller issues a receipt.
4.9 According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract of sale for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract of sale for the supply of perishable goods, as well as goods that, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of a sound or visual recording or a computer program if the consumer has damaged the original packaging.
5.2 Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6 In accordance with the provisions of Section 1829(1) of Act No. 89/2012 Coll., the Civil Code, the Buyer has the right to withdraw from this Purchase Agreement without giving any reason within 14 days of receipt of the goods. The Buyer is obliged to inform the Seller of his decision to withdraw from the contract within this period by means of a clear statement (e.g. by letter sent by post or electronically). The Seller undertakes to comply with all obligations arising from the applicable consumer rights legislation. In the event of withdrawal from the contract by the Seller for reasons provided for by law or these terms and conditions, the Buyer shall be refunded the purchase price for the goods without undue delay, within 14 days of withdrawal at the latest, in the same manner as the Seller received payment from the Buyer, unless the parties agree otherwise. No other fees or costs shall apply to the refund of the purchase price.
5.7 Any right of the Seller to withdraw from the Contract shall be limited to cases where applicable law permits, for example, in the event of the Buyer's failure to comply with its obligations or in other cases provided for by law.
5.8 If a gift is given to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the Gift Contract shall become null and void in respect of such gift and the Buyer shall be obliged to return the gift to the Seller together with the Goods.
6.1 Gift vouchers are sold in the following values: &zł; 150, &zł; 300, &zł; 500, &zł; 700 and &zł; 900.
6.2 No refunds are possible for gift vouchers.
6.3 A gift voucher is a valuables that can be used when paying for goods.
6.4 The voucher is valid for one year from the date of purchase.
6.5 The voucher can be used in full, it is not possible to use the voucher in parts.
6.6 Vouchers for our goods can be purchased directly in stores or on the store's website.
6.7 It is forbidden to draw, write or in any way damage or falsify the voucher. Forgery of the voucher is a criminal offence.
6.8 In order to validate the voucher, it is recommended to have proof of payment, preferably in the form of a receipt, invoice or receipt.
6.9 To redeem a voucher on the website, you must complete the fields in the Basket section to provide a unique voucher code.
6.10. To redeem the voucher in stores, you must present the gift voucher or voucher.
7.1 In the case that the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
7.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery.
7.3 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
7.4 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
7.5 Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
8.RIGHTS FROM DEFECTIVE EXECUTION
The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 374/2022 Coll., on Consumer Protection, as amended).
8.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:
8.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
8.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
8.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
8.2.4. the goods are in the appropriate quantity, measure or weight; and
8.2.5. the goods comply with the requirements of the law.
8.3 If a defect becomes apparent within twelve months of acceptance, the goods shall be deemed to have been defective upon acceptance.
8.4 The Seller shall have obligations arising from defective performance at least to the extent that the manufacturer's obligations arising from defective performance continue. The buyer is otherwise entitled to assert a right under a defect that occurs in the consumer goods within twenty-four months of acceptance. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the buyer has rightly accused the seller of a defect in the goods, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
8.5 The provisions referred to in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect.
8.6 The rights of liability for defects in the goods shall be asserted against the seller. If, however, the certificate issued to the seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) indicates another person designated for repair who is in the place of the seller or in a place closer to the buyer, the buyer shall exercise the right to repair with the person designated to carry out the repair. Except in cases where another person is designated to carry out the repair pursuant to the preceding sentence, the Seller shall be obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.
8.7 In particular, the Buyer may exercise his rights under the liability for defects in the goods in person at the address of the shops, by e-mail at czesc@bagind.pl
8.8 The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.
8.9 If the goods do not have the characteristics set out in Article 8.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the goods, the Buyer may only demand the replacement of the part; if this is not possible, the Buyer may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of parts or to repair of the goods, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to deliver new goods without defects, replace a part of the goods or repair the goods, or if the seller fails to remedy the defect within a reasonable time or if remedying the defect would cause the buyer considerable difficulty.
8.10 Other rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure, which is part of the General terms and conditions and is available at this link.
9.OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
9.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
9.3 The Seller shall handle consumer complaints via the electronic address czesc@bagind.pl. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
9.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. 9.5 The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz/en/ is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
9.5 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 374/2022 Coll., as amended, within a defined scope. The purchaser is entitled to address his/her complaint to the aforementioned supervisory or state supervisory authorities.
9.6 The Purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
10.1 Information on the processing and protection of the Buyer's personal data is provided in the document "Personal Data Processing Policy", which is available on the website. For the avoidance of doubt, it is stated that the document is not part of the Purchase Agreement or these Terms and Conditions.
11.SENDING A NOTIFICATIONS
11.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address. Further information regarding the sending of communications can be found in our GDPR.
12.1 Notices concerning the relationship between the Seller and the Buyer, in particular those concerning the withdrawal from the Purchase Contract, must be delivered by post by registered letter, unless otherwise stipulated in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
12.2 A notice which is refused by the addressee, which is not collected within the storage period or which is returned as undeliverable shall also be considered as delivered.
12.3 The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the Buyer's user account or specified by the Buyer in the order, or to the address specified on the Seller's website.
13.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
13.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
13.3 The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall be accessible only to authorised persons.
13.4 The terms and conditions also include the Complaints Procedure available here.
13.5 The sample form for withdrawal from the Purchase Contract and the Complaints Protocol are annexed to the Terms and Conditions.
In Ostrava on 13th February 2024.
Wprowadź swój adres e-mail. Wyślemy Ci wiadomość e-mail, aby zresetować hasło.
