Terms of service

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations on the part of the consumer during the cooling-off period

Article 8 – Exercising the right of withdrawal by the consumer and the costs involved

Article 9 – Obligations on the part of the entrepreneur upon withdrawal

Article 10 – Exclusion of right of withdrawal

Article 11 – The price

Article 12 – Fulfilment and extra guarantee

Article 13 – Delivery and filling of orders

Article 14 – Continuing performance contract: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Trade guarantee

Article 19 – Additional or non-standard provisions

Article 20 – Amendment to the General Terms and Conditions

Article 1 – Definitions

The following terms are defined in these conditions:

1. Additional agreement: an agreement whereby the consumer purchases products, digital contents and/or services in connection with a distance agreement and these goods, digital contents and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

2. Cooling-off period: the period within which the consumer may make use of their right of withdrawal;

  3.Consumer: the natural person who does not act for purposes that are connected with their commercial, business, craft, professional activities;

4. Day: calendar day

5. Digital content: data that is produced and provided in digital form;

6. Continuing performance contract: an agreement that entails the regular provision of goods, services and/or digital content during a specific period;

7. Sustainable data carrier: any device – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows future consultation or use during a period appropriate for the purpose for which the information is intended, and the unaltered reproduction of the stored information;

8. Right of withdrawal: the possibility on the part of the consumer to withdraw from the distance agreement within the cooling-off period;

9. Entrepreneur: the natural person or legal entity

10. Distance agreement: an agreement that is concluded between the entrepreneur and the consumer in the framework of an organised system for the sale of products, digital content and/or services at a distance, whereby exclusive or joint use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

11. Standard form for withdrawal: the European standard form for withdrawal included in Appendix I of these terms and conditions; Appendix I need not be made available if the consumer has no right of withdrawal with respect to their order;

12. Technique for communication at a distance: a means that can be used for concluding an agreement without the consumer and entrepreneur needing to meet up in the same area at the same time.

Article 2 – Identity of the entrepreneur

Name of entrepreneur:

But-Gal Katarzyna Popielarska

Business address: ul. Harcerska 1 b, 44-335 Jastrzebie-Zdroj

Accessibility: Monday through Friday, 9.00 to 17.00

Email address: sklep@butgal.com.pl 

VAT-number: PL 6472144028

Article 3 – Applicability

1. These general terms and conditions apply to each offer by the entrepreneur and to each distance agreement between the entrepreneur and the consumer.

2. Prior to the conclusion of the distance agreement, the text of these general terms and conditions must be made available to the consumer. If this is not possible reasonably, the entrepreneur shall indicate how it is possible for the consumer to consult the general terms and conditions at the address of the entrepreneur prior to the conclusion of the distance agreement, and, at the request of the consumer, send them as quickly as possible at no cost.

3. If the distance agreement is concluded remotely electronically, in deviation from the previous paragraph and prior to the conclusion of the distance agreement, the text of these general terms and conditions shall be made available to the consumer by electronic means in such a manner that they can easily be stored on a sustainable carrier by the consumer. If this is not possible reasonably, prior to the conclusion of the distance agreement, it shall be indicated where the general terms and conditions can be consulted by electronic means and that, at the request of the consumer, they shall be provided by electronic means or by some other means at no cost.

4. If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs shall apply equally and, in the event of conflicting terms and conditions, the consumer may always appeal to the applicable provision that is most favourable for them.

Article 4 – The offer

1. If an offer has a limited period of validity or occurs under certain conditions, this shall be specified explicitly in the offer.

2. The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be detailed adequately in order for the consumer to be able to make a proper assessment of the offer. If the entrepreneur makes use of images, these shall present a fair reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer shall not bind the entrepreneur.

3. Each offer shall contain information such that it is clear to the consumer which rights and obligations are connected to accepting the offer.

Article 5 - The Agreement

1. The agreement shall be concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and the relevant terms and conditions are met.

2. If the consumer has accepted the offer by electronic means, the entrepreneur shall confirm receipt of the acceptance of the offer immediately electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.

3. If the agreement has been concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to safeguard the electronic transfer of data and shall ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures to that end.

4. Within the statutory frameworks, the entrepreneur may obtain information as to whether the consumer is able to meet their payment obligations as well as information regarding those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has reasonable grounds not to conclude the agreement, the entrepreneur is entitled to refuse an order or request with substantiation or to link special conditions to its execution.

5. The entrepreneur shall provide the following information to the consumer no later than upon provision of the product, service or digital content, either in writing or in such a manner that this information can be stored by the consumer on a sustainable data carrier:

The visiting address of the business location of the entrepreneur where the consumer may go with complaints; The terms and conditions under which and the manner in which the consumer may make use of the right of withdrawal or a clear notification concerning the exclusion of this right of withdrawal; Information about guarantees and existing service after purchase; The price of the product, service or digital content, including all taxes; insofar as applicable, the costs of provision; and the manner of payment, provision or execution of the distance agreement; The requirements for termination of the agreement if the agreement has a duration of more than one year or if the duration is not specified; If the consumer has a right of withdrawal, the standard form for withdrawal.

6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may terminate an agreement involving the purchase of a product during a cooling-off period of 14 days without submitting reasons. The entrepreneur may ask the consumer for the reason of withdrawal but may not oblige the consumer to submit their reason or reasons. Hygiene products are excluded from the right of return.

2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer or a third party designated by the consumer beforehand that is not the transporter has received the product, or If the consumer has ordered several products in the same order:

the day on which the consumer or a third party designated by the consumer has received the last product. Provided the entrepreneur has clearly informed the consumer about this prior to the order process, the entrepreneur may refuse an order of several products with different delivery dates. If the delivery of a product consists of various shipments or components: the day on which the consumer or a third party designated by the consumer has received the last shipment or the last component. For agreements for regular delivery of products during a specific period: the day on which the consumer or a third party designated by the consumer has received the first product.

For services and digital content that are not delivered on a physical carrier:

1. The consumer may terminate a service agreement and an agreement for the delivery of digital content that is not provided on a physical carrier during a period of 14 days without submitting reasons. The entrepreneur may ask the consumer for the reason of withdrawal but may not oblige the consumer to submit their reason or reasons.

2. The cooling-off period specified in paragraph 3 shall commence on the day that follows the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that are not delivered on a physical carrier if not informed of the right of withdrawal:

1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the standard form for withdrawal, the cooling-off period shall expire twelve months after the end of the original cooling-off period in accordance with the cooling-off period laid down in the previous paragraphs of this article

2. If the entr.epreneur has provided the consumer with the information referred to in the foregoing paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations on the part of the consumer during the cooling-off period

1. During the cooling-off period, the consumer shall handle the product and the packaging with care. The consumer shall only open or use the product to the degree necessary in order to determine the nature, characteristics and operation of the product. The assumption here is that the consumer may only use the product and inspect it as the consumer would do so in a shop.

2. The consumer is only liable for depreciation of the product that results from a manner of handling the product that goes beyond that which is permitted in paragraph 1.

3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided the consumer with all legally required information about the right of withdrawal prior to or upon the conclusion of the agreement.

Article 8 – Exercising the right of withdrawal by the consumer and the costs involved

1. If the consumer makes use of their right of withdrawal, they shall notify the entrepreneur of this within the cooling-off period by means of the standard form for withdrawal or in another unequivocal manner.

2. As quickly as possible, yet within 14 days as from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur itself has offered to pick up the product. In any case, the consumer has observed the return period if they have returned the product prior to the expiration of the cooling-off period.

3. The consumer shall return the product with all accessories provided, in its original state and packaging if reasonably possible, and in accordance with the reasonable and clear instructions by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercising of the right of withdrawal shall lie with the consumer.

5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur has indicated that it will bear the costs, the consumer need not bear the costs for the return.

6. If the consumer withdraws after first having explicitly requested that the provision of the service or the provision of gas, water or electricity that has not been made ready for sale in a limited volume or specific quantity start during the cooling-off period, the consumer shall owe the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal in comparison with the entire compliance of the commitment.

7. The consumer shall bear no costs for the performance of services or the provision of water, gas or electricity that has not been made ready for sale in a limited volume or quantity, or for the provision of district heating if:

The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the standard form for withdrawal; or The consumer did not explicitly request the commencement of the performance of the service or provision of gas, water, electricity or district heating during the cooling-off period.

8. The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a physical carrier if: Prior to its delivery, the consumer did not explicitly agree with commencing fulfilment of the agreement before the end of the cooling-off period; The consumer did not realise they were losing their right of withdrawal with granting consent; or The entrepreneur neglected to confirm this statement by the consumer.

9. If the consumer makes use of their right of withdrawal, all additional agreements are terminated by operation of law.

Article 9 – Obligations on the part of the entrepreneur upon withdrawal

1. If the entrepreneur enables notification of withdrawal by the consumer electronically, the entrepreneur shall send acknowledgement of receipt immediately after this notification.

2. The entrepreneur shall reimburse all payments by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately or at least within 14 days after the day on which the consumer notified the entrepreneur of the withdrawal. Unless the entrepreneur itself offers to pick up the product, the entrepreneur may wait with repayment until it has received the product or until the consumer can show that they have sent the product back, according to which is earlier.

3. For repayment, the entrepreneur shall use the same method of payment that the consumer used unless the consumer agrees to another method. The reimbursement shall be at no expense for the consumer.

4. If the consumer has chosen a method of delivery more expensive than the least expensive standard delivery, the entrepreneur need not repay the additional costs for the more expensive method.

Article 10 – The price During the period of validity specified in the offer, the prices of the products and/or services offered shall not increase, save for price changes as a result of changes in VAT rates. I

Article 11 – Fulfilment of agreement and extra guarantee The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations that exist on the date of the conclusion of the agreement. If it has been so agreed, the entrepreneur shall also guarantee that the product is suited for other than normal use. 

Article 12 – Delivery and filling of orders

The entrepreneur shall take the greatest of care when receiving and filling orders for products and in assessing requests for furnishing services.

The location for delivery shall be the address that the consumer has provided to the entrepreneur. With due regard to that which is stated in Article 4 of these general terms and conditions, the entrepreneur shall fill the accepted orders expeditiously or, at the latest, within 30 days unless a different delivery term has been agreed on.

If the delivery is delayed or if an order cannot be filled or can only be filled partially, the consumer shall be informed of this within no more than 30 days after the consumer has placed the order. In that case, the consumer is entitled to terminate the agreement without costs and is entitled to any compensation. After termination in accordance with the previous paragraph, the entrepreneur shall repay the amount that the consumer has paid immediately.

The risk of damage and/or loss of products lies with the entrepreneur up until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur unless explicitly agreed on otherwise.

Article 13 – Continuing performance contract: duration, termination and extension

Termination:

The consumer may at all times terminate an agreement that has been concluded for an indefinite period that is intended for the regular provision of products (including electricity) or services with due observance of the termination rules agreed on and a notice period of no more than one month.

The consumer may at all times terminate an agreement that has been concluded for a definite period that is intended for the regular provision of products (including electricity) or services towards the end of the definite period with due observance of the termination rules agreed on and a notice period of no more than one month. With respect to the agreements referred to in the previous paragraph, the consumer may: terminate at all times and not be restricted to termination at a specific time or in a specific period; at least terminate in the same manner in which they concluded it; always terminate with the same notice period as the entrepreneur itself has stipulated.

Article 14 – Payment

Unless stated otherwise in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the commencement of the cooling-off period or, if there is no cooling-off period, within 14 days after concluding the agreement.

Article 15 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and shall deal with the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement, described clearly and fully, must be lodged with the entrepreneur within a reasonable period after the consumer has observed the defects. A response to complaints lodged with the entrepreneur shall be given within a period of 14 days calculated as from the date of receipt.

Article 16 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate is governed by Polish law exclusively. Disputes between the consumer and the entrepreneur concerning the conclusion or execution of agreements with respect to products or services to be provided or performed or already provided or performed by this entrepreneur may, with due regard to the provisions below, be submitted to the Disputes Committee by either the consumer or the entrepreneur. A dispute shall be handled by the Disputes Committee only if the consumer has first submitted their complaint to the entrepreneur within a reasonable period. If the complaint does not lead to a solution, the dispute must be before the Disputes Committee no more than 12 months after the date on which the consumer had lodged the complaint with the entrepreneur, in writing or in any other form to be determined by the Committee. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. It is preferred that the consumer notify the entrepreneur of this beforehand. If the entrepreneur wishes to submit a dispute to the Disputes Committee, within five weeks after the entrepreneur’s written request to that effect, the consumer will have to state in writing whether or not they wish to have the dispute handled by the competent court. If the entrepreneur does not hear from the consumer within a period of five weeks, the entrepreneur is entitled to submit the dispute before the competent court. The Disputes Committee shall render a decision under the conditions as established in the regulations of the Disputes Committee. The rulings of the Disputes Committee shall take place by means of a binding decision.