Before using the online store www.barbarians.pl the Customer is obligated to read Terms & Conditions

TERMS & CONDITIONS OF WWW.BARBARIANS.PL

I. General provisions
II. DEFINITIONS FOR THESE TERMS AND CONDITIONS
III. TYPE AND RANGE OF ELECTRONIC SERVICES
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
V. PRODUCT AND ORDER INFORMATION
VI. METHODS OF PAYMENT
VII. DELIVERY COST, TIME AND METHOD
VIII. WARRANTY
IX. COMPLAINTS PROCEDURE
X. RIGHT TO WITHDRAW
XI. INTELLECTUAL PROPERTY

XIII. FINAL PROVISIONS

I. General provisions

1. Online store operating under the address www.barbarians.pl is run by Monika Wawrzyk carrying economic activities as Monika Wawrzyk entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, principal place of business: ul. Partyzantów 3, 43-450 Ustroń, Tax Identification Number (NIP) 5482583409, National Business Registry Number (REGON): 072810131, e-mail: barbarians.biuro@gmail.com, phone number: +48 513-514-071 or +48 798-081-398
2. Online store www.barbarians.pl is operating under terms and conditions determined in this Terms & Conditions.
3. Terms & Conditions specifies the type and range of services provided by the online store www.barbarians.pl electronically, terms of providing services, conditions of conclusion and termination of a contract for providing services and amendment to the regulations, Product Sale Contract, and complainant procedure
4. Every customer to start using services of the online shop www.barbarians.pl is obligated to follow these Terms & Conditions.
5. Condition of placing an order by a customer is to read Terms & Conditions and its approval
6. Online store www.barbarians.pl is running both wholesale and retail sale of Products, via the Internet web within the territory of Poland.
7. Products offered in Shop are brand-new, free from legal defects and have been legally introduced in Poland's market.
8. All trade names, Product names, company names and their logos used on the Store’s website at www.barbarians.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.barbarians.pl are used for informational purposes.
9. To all matters not settled herein the following provisions of Polish law shall apply
a) Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
b) Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
c) Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.

II. DEFINITIONS FOR THESE TERMS AND CONDITIONS

1. WORKING DAY - a single day from Monday to Friday with the exceptions of public holidays
2. ORDER FORM – shall refer to the electronic form available at www.barbarians.pl, required for Order placement.
3. CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
4. CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
5. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
6. STORE − shall mean the Service Provider’s online Store located at www.barbarians.pl.
7. SELLER, SERVICE PROVIDER – Monika Wawrzyk trading as Monika Wawrzyk entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, principal place of business: ul. Partyzantów 3, 43-450 Ustroń, Poland, tax identification number NIP: 5482583409, statistical number REGON: 072810131
8. PRODUCT – shall refer to any movables or services available at zisou.pl and covered by a Sales Agreement concluded between the Customer and the Seller via the online Store.
9. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Store.
10. USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
11. ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
13. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.

III. RODZAJ I ZAKRES USŁUG ELEKTRONICZNYCHE

1. The Service Provider grants access to the following Electronic Services concluding Product Sales Agreements.
2. These Terms and Conditions shall apply to all Electronic Services provided through pl.
3. The Service Provider reserves the right to display advertising content at www.barbarians.pl Advertisements are an integral part of the online Store front and the materials presented therein.

IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS


1. The Electronic Services set forth under III point 1 of these Terms and Conditions are free of charge.
2. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
3. End-user hardware, network and software requirements for the ICT system used by the Service Provider
a) a computer (or a mobile device) with an active Internet connection,
b) access to email account,
c) Internet browser,
d) enabling cookies and Javascript in the Internet browser.
4. The User agrees to use the Store in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
5. The User is obliged to provide accurate and complete information to the Service Provider.
6. The User is prohibited from providing any unlawful or illegal content.

V. PRODUCT AND ORDER INFORMATION

1. The information provided at www.barbarians.pl does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.
2. The Product prices at pl are given in Polish zlotys (PLN) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery fees.
3. The Product prices at www.barbarians.pl only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
4. Products from sales are limited in numbers and their Orders will be processed in order of purchasing, while stocks last.
5. Orders can be placed:
a) through the website 24 hours a day, 365 days a year by completing an Order Form at www.barbarians.pl,
b) via e-mail to the following address: barbarians.biuro@gmail.pl,
6. Orders are processed between: 8:00 and 16:00, Monday to Friday on working days. Orders placed after 16:00 on working days as well as orders placed on Saturday, Sunday or a public holiday shall be processed the next working day.
7. CONCLUDING SALES AGREEMENTS
a) In order to conclude a Sales Agreement, the Customer must place an Order, by choosing one of the methods made available by the Seller.
b) After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller. Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email, which includes:
➢ confirmation of all relevant Order details,
➢ oświadczenie o prawie do odstąpienia od umowy,
➢ information on the right of withdrawal.
➢ these Terms and Conditions.
c) After receiving the confirmation email, as set forth under point 7 letter b), the Sales Agreement between the Customer and the Seller is finally concluded.
8. Each Sale Agreement will be confirmed by a proof of purchase (receipt), which will be attached to the Product.

VI. METHODS OF PAYMENT

1. The following payment options are made available to the Customer:
- electronic payment via electronic payment systems (Przelewy24.pl).
- traditional bank transfer to the Seller’s bank account.
2. All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks. Product shall be dispatched only after payment is received.
3. All traditional bank transfers must be made before an Order can be processed. Product shall be dispatched only after payment is received.
4. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement immediately on the day of its conclusion unless indicated otherwise in the Sales Agreement.

VII. DELIVERY COST, TIME AND METHOD

1. Delivery charges shall be stated at the time of ordering and are dependent upon the chosen payment and delivery method.
2. Zakupione w Sklepie Produkty są wysyłane za pośrednictwem firmy kurierskiej (InPost ).
3. The delivery time depends on how long it takes the Seller to process an Order and how long it takes the carrier to deliver the Product to the Customer once it is dispatched:
a) The order processing time takes from 1 up to 14 working days from the date of accepting the Order. The order processing time might extend in cases of a very large order or a high quantity of orders up to 21 workings days.
b) Products are delivered from 1 up to 2 working days from the date of sending the parcel – i.e. the time declared by the carrier (deliveries are made on working days, excluding Saturday, Sunday and public holidays).

VIII. WARRANTY

1. All Goods available in Store are covered by the manufacturer warranty applicable on Polish territory.
2. The warranty period for every product is one month, starting from the delivery day.
3. Proof of purchase is required for warranty protection.
4. Warranty doesn't exclude regulations from the statutory warranty for defects of the Product, as stated in Civil Code.

IX. COMPLAINTS PROCEDURE

1. Statutory warranty process.
a) The legal basis and the extent of the Seller’s liability to the Consumer-Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).
b) Notice of a Product defect and all demands should be submitted via email to the following address: barbarians.biuro@gmail.com or in writing to the following address: ul. Partyzantów 3, 43-450 Ustroń.
c) The notice, submitted electronically or on paper, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.
d) Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: ul. Partyzantów 3, 43-450 Ustroń.
e) A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt. A response to the complaint is delivered to the Consumer's e-mail or another method provided by the Customer.
f) In the case of complaints submitted by consumer Customers – the Seller’s failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. If a complaint is decided in favour of the Consumer-Customer, the Seller shall bear the costs and expenses incurred in connection with the pick-up, delivery and replacement of the defective Product with one free from defects.
2. COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
a) Complaints about Electronic Services provided via zisou.pl should be submitted via email to barbarians.biuro@gmail.com
b) All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
c) All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
d) A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

X. RIGHT TO WITHDRAW

1. Klient będący jednocześnie Konsumentem, który zawarł umowę na odległość, może od niej odstąpić bez podania przyczyn, składając stosowne oświadczenie na piśmie w terminie 14 dni. Dozachowania tego terminu wystarczy wysłanie wręczonego przez Sklep oświadczenia o odstąpieniu od umowy. Wygenerowane oświadczenia jest możliwe za pośrednictwem generatora dokumentów – generator jest dostępny TUTAJ
2. In the case of withdrawal from a Sales Agreement, the agreement is considered null and void. In case of a withdrawal from the Agreement, the Customer must return the Product in an unaltered state (unless the change was necessary within normal usage) to the Seller without delay and no later than within 14 days from the date of withdrawal from the Agreement.
3. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product. 4. Seller shall reimburse to the Consumer all payments received from them, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event the Consumer will not incur any fees as a result of such reimbursement.
5. The Seller shall not be required to reimburse the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Shop.
6. The Consumer who withdraws from a Sales Agreement under point 1 of this paragraph, must only bear the direct cost of returning the Product to the Seller.
7. The “cooling-off” period expires 14 days after the day the Consumer received the Product.
8. The right of withdrawal in any event does not apply to Sales Agreements for the supply of:
a) products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.
b) products delivered in a sealed package after opening can't be returned due to health protection or due to hygienic matters, if the package was opened after the delivery
9. Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.

XI. INTELLECTUAL PROPERTY

1. The compilation of all content at www.barbarians.pl (with the stipulation of § I point 8 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Monika Wawrzyk trading as MONIKA WAWRZYK, ul. Partyzantów 3, 43-450 Ustroń, NIP: 5482583409, REGON: 072810131. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at www.barbarians.pl without the consent of the Service Provider.
2. Any use or reproduction of the content of the website located at www.barbarians.pl or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.









XIII. FINAL PROVISIONS

1. Agreements concluded through the Store are construed in accordance with the laws of Poland.
2. W przypadku niezgodności jakiejkolwiek części Regulaminu z obowiązującym prawem, w miejsce zakwestionowanego przepisu Regulaminu zastosowanie mają właściwe przepisy prawa polskiego.
3. Any disputes between the Store and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this paragraph.
4. Court settlement of disputes
a) Any disputes arising between the Service Provider and the consumer User (Customer) shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
b) Any disputes arising between the Service Provider and the Customer who is not a Consumer shall be referred for determination to the court of competent jurisdiction over the registered office of the Service Provider.
5. Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available HERE). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found HERE. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available HERE.