Terms and Conditions

regulamin sklepu internetowego

TERMS AND CONDITIONS OF THE BESCO.EU ONLINE STORE

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS AND CONDITIONS OF THE SALES AGREEMENT
  4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DELIVERY DATES FOR DELIVERY AND COLLECTION OF THE PRODUCT
  6. COMPLAINT HANDLING PROCEDURE
  7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND PURSING CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW FROM THE CONTRACT
  9. PROVISIONS RELATING TO BUSINESSES
  10. PRODUCT REVIEWS
  11. ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS AND CONDITIONS
  12. FINAL PROVISIONS
  13. MODEL WITHDRAWAL FORM

These Online Shop Terms and Conditions have been prepared by the lawyers at Prokonsumencki.pl. The Online Shop www.besco.eu protects consumer rights. The consumer may not waive the rights granted to them under the Consumer Rights Act. Any contractual provisions less favourable to the consumer than those of the Consumer Rights Act are void, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law, and any possible ambiguities shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and shall be applied.

  1. GENERAL PROVISIONS

    1. 1.1. The Online Shop available at www.besco.eu is operated by BESCO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Besko (registered office and address for service: ul. Kościelna 21, 38-524 Besko); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000250199; the registry court where the company’s documentation is held: District Court in Rzeszów, 12th Commercial Division of the National Court Register; share capital: PLN 2,000,000.00; Tax Identification Number (NIP): 6871838293; National Business Registry Number (REGON): 180097110; email address: sklep@besco.eu and contact telephone numbers: (+48) 731 942 713, (+48) 600 700 336.

      1.2. These Terms and Conditions are addressed to both consumers and businesses using the Online Shop, unless a specific provision of these Terms and Conditions states otherwise.

      1.3. The Seller is the controller of personal data processed in the Online Shop in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, for the period and on the grounds and in accordance with the principles set out in the privacy policy published on the Online Shop’s website. The privacy policy primarily contains rules regarding the processing of personal data by the Controller in the Online Store, including the grounds, purposes and duration of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions set out in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).

      1.4. Definitions:

      1. 1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Act and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).

        1.4.2. WORKING DAY – any day from Monday to Friday, excluding public holidays.

        1.4.3. REGISTRATION FORM – a form available in the Online Shop enabling the creation of an Account.

        1.4.4. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placing of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

        1.4.5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.

        1.4.6. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

        1.4.7. ACCOUNT – an Electronic Service, a collection of resources within the Service Provider’s IT system, identified by an individual name (username) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by them in the Online Shop are stored.

        1.4.8. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Users to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, new arrivals and promotions in the Online Shop.

        1.4.9. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not in accordance with European Union law or with the law of any Member State that is in accordance with European Union law, irrespective of the specific subject matter or nature of that law.

        1.4.10. PRODUCT – a movable item that is the subject of the Sales Agreement between the Customer and the Seller.

        1.4.11. TERMS AND CONDITIONS – these Terms and Conditions of the Online Shop.

        1.4.12. ONLINE STORE – the Service Provider’s online store available at the following web address: www.besco.eu.

        1.4.13. SELLER; SERVICE PROVIDER – BESCO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Besko (registered office address and address for service: ul. Kościelna 21, 38-524 Besko); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000250199; the registry court where the company’s documentation is held: District Court in Rzeszów, 12th Commercial Division of the National Court Register; share capital: PLN 2,000,000.00; Tax Identification Number (NIP): 6871838293; Statistical Identification Number (REGON): 180097110; email address: sklep@besco.eu and contact telephone numbers: (+48) 731 942 713, (+48) 600 700 336.

        1.4.14. SALES AGREEMENT – a contract for the sale of a Product entered into or concluded between the Customer and the Seller via the Online Shop.

        1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Shop and which is not a Product.

        1.4.16. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use the Electronic Service.

        1.4.17. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)

        1.4.18. ORDER – a declaration of intent by the Customer made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

  2. ELECTRONIC SERVICES IN THE ONLINE STORE

    1. 2.1 The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

      1. 2.1.1. Account – use of the Account is possible after the Service User has completed two consecutive steps – (1) filling in the Registration Form, (2) clicking the “Register” button. In the Registration Form, the User must provide the following details: first name and surname, email address and password.

        1. 2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The User may, at any time and without giving a reason, delete the Account (cancel the Account) by sending a request to the Service Provider, in particular via email to: sklep@besco.eu or in writing to: ul. Kościelna 21, 38-524 Besko.

        2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping basket in the Online Shop. An Order is placed once the Customer has completed two consecutive steps – (1) filling in the Order Form and (2) clicking the “Order with obligation to pay” field on the Online Shop’s website after completing the Order Form – until this point, it is possible to modify the entered data independently (to do so, please follow the on-screen prompts and the information available on the Online Shop website). In the Order Form, the Customer must provide the following details: first name and surname/company name, address (street, house/flat number, postcode, town/city, country), email address, contact telephone number, and details regarding the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and VAT number.

        1. 2.1.2.1. The Electronic Order Form service is provided free of charge; it is a one-off service and ceases upon the submission of an Order via the Form or upon the Service User ceasing to place Orders via the Form at an earlier date.

        2.1.3. Newsletter – use of the Newsletter commences upon entering, in the “Newsletter” tab visible on the Online Shop website, the email address to which subsequent editions of the Newsletter are to be sent, and clicking the action button.

        1. 2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending a request to the Service Provider, in particular by email to: sklep@besco.eu or in writing to the address: ul. Kościelna 21, 38-524 Besko.

      2.2. Technical requirements necessary for interaction with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with internet access; (2) access to email; (3) the latest version of a web browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the storage of cookies and JavaScript support in the web browser.

      2.3. The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice, whilst respecting the personal rights, copyright and intellectual property of the Service Provider and third parties. The Customer is obliged to provide data that is true and accurate. The Customer is prohibited from providing unlawful content, including Illegal Content.

      2.4. The complaints procedure regarding Electronic Services is set out in clause 6 of the Terms and Conditions.

  3. TERMS AND CONDITIONS FOR THE CONCLUSION OF A SALES AGREEMENT

    1. 3.1. A Sales Contract between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Terms and Conditions.

      3.2. The price of the Product or the fee for the Product displayed on the Online Shop’s website is quoted in Polish zlotys and includes taxes. The Customer is informed on the Online Shop’s website about the total price or fee including taxes, and where the nature of the Product does not, in all reasonableness, permit prior calculation of their amount - the method by which they will be calculated, as well as any other costs – if applicable, the Customer is informed on the Online Shop’s pages, including during the placement of the Order and at the moment the Customer expresses their intention to be bound by the Sales Contract. In the case of a Product Sales Agreement concluded for an indefinite period or covering a subscription, the Seller shall specify in the same manner the total price or remuneration covering all payments for the billing period, and where the Sales Agreement provides for a fixed rate – also the total monthly payments.

      3.3. Procedure for concluding a Sales Contract in the Online Shop using the Order Form

      1. 3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point 2.1.2 of the Terms and Conditions.

        3.3.2. Upon submission of the Order, the Seller shall immediately confirm its receipt and, at the same time, accept the Order for processing. Confirmation of receipt of the Order and its acceptance for fulfilment takes place through the Seller sending the Customer an appropriate email to the email address provided by the Customer when placing the Order, which contains at least the Seller’s statement regarding receipt of the Order and its acceptance for fulfilment, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, a Sales Agreement is concluded between the Customer and the Seller.

      3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Shop’s website and (2) sending the Customer the email referred to in clause 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

    1. 4.1. The Seller offers the Customer the following payment methods under the Sales Agreement:

      1. 4.1.1. Cash payment upon personal collection.

        4.1.2. Payment by bank transfer to the Seller’s bank account.

        4.1.3. Electronic payments and payment card payments via the Tpay.com service – the current available payment methods are specified on the Online Shop’s website in the information tab regarding payment methods and on the website https://tpay.com/.

        1. 4.1.3.1. Settlements for transactions made via electronic payments and payment cards are processed in accordance with the Customer’s choice via the Tpay.com service. Electronic and payment card payments are handled by:

          1. 4.1.3.1.1. Tpay.com – Krajowy Integrator Płatności Spółka Akcyjna, with its registered office in Poznań (registered office address: Pl. Władysława Andersa 3, 61-894 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000412357, registration files held by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 5,494,980.00 fully paid up, Tax Identification Number (NIP): 7773061579.

        4.1.4. Payments under the instalment scheme – payment is made in full or in part from funds derived from a loan granted:

        1. 4.1.4.1. by Bank Polska Kasa Opieki Spółka Akcyjna with its registered office in Warsaw, ul. Żubra 1, 01-066 Warsaw, entered in the Register of Entrepreneurs at the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, KRS: 0000014843, NIP: 526-00-06-841, REGON: 000010205, share capital and paid-up capital: PLN 262,470,034, website: https://stolat.pkobp.pl/31-sprzedaz-ratalna/.

          4.1.4.2. via Tpay.com – Krajowy Integrator Płatności Spółka Akcyjna, with its registered office in Poznań (registered office address: Pl. Władysława Andersa 3, 61-894 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000412357, registration files held by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 5,494,980.00 fully paid up, Tax Identification Number (NIP): 7773061579, website: https://tpay.com/.

        4.1.5. Deferred and instalment payments via PayPo through the PayPo.pl service (GTR Finance Sp. z o.o. with its registered office in Warsaw, ul. Rostafińskich 4 (02-593 Warsaw), entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000575158, with share capital of PLN 502,000, Tax Identification Number (NIP): 521-37-05-997, National Business Registry Number (REGON): 362485126, website address: https://paypo.pl/).

        4.1.6. Deferred and instalment payments “Twisto” as part of the service – Twisto Polska Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw at ul. Puławska 2, postcode: 02-566 Warsaw, registered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0000689624, NIP number: 9512442875, REGON: 367977970, with share capital of PLN 1,000,000.

      4.2. Payment deadline:

      1. 4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days of the date of conclusion of the Sales Agreement.

        4.2.2. If the Customer chooses to pay in cash upon personal collection, the Customer is obliged to make payment upon collection of the parcel.

        4.2.3. If the Customer chooses deferred or instalment payment, the Customer is obliged to make payment to the lender by the date or dates agreed with the lender, including when the lender grants the Customer a credit limit

  5. COST, METHODS AND TIMING OF DELIVERY AND COLLECTION OF THE PRODUCT

    1. 5.1. Delivery of the Product is available within the territory of the Republic of Poland.

      5.2. The Seller offers the Customer the following methods of delivery or collection of the Product:

      1. 5.2.1. Courier delivery / pallet delivery.

        5.2.2. Collection in person available at: ul. Kościelna 21, 38-524 Besko – on Working Days, between 07:30 and 15:30.

      5.3. The delivery time for the Product to the Customer is up to 13 Working Days, unless a shorter period is specified in the description of the Product or during the placing of the Order. In the case of Products with different delivery times, the delivery time shall be the longest specified time, which, however, may not exceed 13 Working Days. The start of the Product delivery period to the Customer is calculated as follows:

      1. 5.3.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account or settlement account is credited.

        5.3.2. If the Customer chooses deferred or instalment payment – from the date on which the Seller’s settlement account is credited with funds granted to the Customer by the lender as part of deferred or instalment payments.

      5.4. Date on which the Product is ready for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 10 Working Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different readiness dates, the readiness date shall be the longest specified period, which, however, may not exceed 10 Working Days. The Customer will be additionally informed by the Seller when the Product is ready for collection. The start of the period during which the Product is ready for collection by the Customer is calculated as follows:

      1. 5.4.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date the Seller’s bank account or settlement account is credited.

        5.4.2. If the Customer chooses to pay in cash upon personal collection – from the date of conclusion of the Sales Agreement.

        5.4.3. If the Customer chooses deferred or instalment payment – from the date on which the Seller’s settlement account is credited with funds granted to the Customer by the lender under deferred or instalment payment arrangements.

      5.5. Checking the parcel on delivery: The Customer may thoroughly check the condition of the parcel upon delivery. If the parcel is damaged or part of the contents is missing, it is advisable to draw up a damage report together with the courier. This facilitates any subsequent complaint and allows the Customer to enjoy the secure receipt of the purchased Product.

  6. COMPLAINT HANDLING PROCEDURE

    1. 6.1. This Section 6 of the Terms and Conditions sets out the complaints handling procedure applicable to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints relating to the operation of the Seller or the Online Shop.

      6.2. A complaint may be submitted:

      1. 6.2.1. in writing to the following address: ul. Kościelna 21, 38-524 Besko;

        6.2.2. electronically via email to: serwis@besco.eu.

      6.3. The Product may be sent or returned as part of a complaint to the following address: ul. Kościelna 21, 38-524 Besko.

      6.4. It is recommended that the complaint description include: (1) information and circumstances relating to the subject of the complaint, in particular the nature and date of the defect or non-conformity with the contract; (2) a request for the method of bringing the Product into conformity with the contract, or a statement regarding a price reduction, withdrawal from the contract, or any other claim; and (3) the contact details of the person making the complaint – this will facilitate and expedite the processing of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the validity of complaints submitted without the recommended description.

      6.5. Should the complainant change their contact details whilst the complaint is being processed, they are obliged to notify the Seller of this.

      6.6. The complainant may attach evidence (e.g. photographs, documents or the Product) relating to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this facilitates and speeds up the processing of the complaint by the Seller.

      6.7. The Seller shall respond to the complaint without delay, no later than within 14 calendar days of receipt.

      6.8. The basis and scope of the Seller’s statutory liability are determined by generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller’s statutory liability for the Product’s conformity with the Sales Contract is set out below:

      1. 6.8.1. In the event of a complaint regarding a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item which serves solely as a medium for digital content – the Seller’s liability is governed by the provisions of the Consumer Rights Act in the version in force from 1 January 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of the Product’s non-conformity with the Sales Contract.

      6.9. In addition to statutory liability, a warranty may be provided for the Product – this constitutes contractual (additional) liability and may be invoked where the Product in question is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including the details of the entity responsible for honouring the warranty and the entity entitled to make a claim under it, are available in the warranty description, e.g. in the warranty certificate or elsewhere where the warranty is set out. The Seller notes that in the event of the Product’s non-conformity with the contract, the Customer is entitled by law to legal remedies at the Seller’s expense, and that the warranty does not affect these legal remedies.

      6.10. The provisions concerning consumers set out in clauses 6.8.1. and 6.8.2 of the Terms and Conditions also apply to a Customer who is a natural person entering into a contract directly related to their business activity, where the content of that contract indicates that it is not of a professional nature for that person, arising in particular from the nature of their business activity, as disclosed under the provisions on the Central Register and Information on Economic Activity.

  7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSING CLAIMS, AND RULES GOVERNING ACCESS TO THESE PROCEDURES

    1. 7.1. Methods of dispute resolution without court involvement include, amongst others: (1) facilitating a rapprochement between the parties’ positions, e.g. through mediation; (2) proposing a resolution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (arbitration tribunal). Detailed information regarding the options available to a Customer who is a consumer for out-of-court complaint handling and redress, the rules governing access to these procedures, and a user-friendly search engine for entities involved in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

      7.2. A contact point operates under the President of the Office of Competition and Consumer Protection, whose tasks include providing consumers with information on out-of-court resolution of consumer disputes. Consumers may contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

      7.3. The consumer has the following examples of options for using out-of-court complaint handling and redress procedures: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Consumer Protection Authority; or (3) assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers). Advice is provided, amongst other things, by email at porady@dlakonsumentow.pl and via the consumer helpline on 801 440 220 (the helpline is open on working days, from 8:00 to 18:00; call charges apply according to the operator’s tariff).

  8. RIGHT TO WITHDRAW FROM THE CONTRACT

    1. 8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.7 of the Terms and Conditions. To meet the deadline, it is sufficient to send the notice before it expires. The notice of withdrawal from the contract may be submitted:

      1. 8.1.1. in writing to the address: ul. Kościelna 21, 38-524 Besko;

        8.1.2. electronically via email to: sklep@besco.eu.

      8.2. The Product may be returned as part of the withdrawal from the contract to the following address: ul. Kościelna 21, 38-524 Besko.

      8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in point 13 of the Terms and Conditions. The consumer may use the sample form; whilst this is not mandatory, it may facilitate and expedite the return process.

      8.4. The period for withdrawal from the contract begins:

      1. 8.4.1. for a contract under which the Seller delivers the Product and is obliged to transfer ownership of it – from the moment the Product is taken into possession by the consumer or a third party designated by them other than the carrier; and in the case of a contract which: (1) covers multiple Products which are delivered separately, in batches or in parts – from the time the last Product, batch or part is taken into possession; or (2) involves the regular delivery of Products over a specified period – from the time the first Product is taken into possession;

        8.4.2. for other contracts – from the date of conclusion of the contract.

      8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

      8.6. The Seller is obliged to refund the consumer all payments made by the consumer, including the costs of delivering the Product, without delay and no later than within 14 calendar days from the date of receipt of the consumer’s notice of withdrawal from the contract (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not entail any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first.

      8.7. The Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without delay, and no later than within 14 calendar days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to dispatch the Product before it expires.

      8.8. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Product.

      8.9. Possible costs associated with the Consumer’s withdrawal from the contract, which the Consumer is obliged to bear:

      1. 8.9.1. If the consumer has chosen a method of delivery for the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.

        8.9.2. The consumer shall bear the direct costs of returning the Product. In the case of Products that cannot be returned by post in the usual manner (e.g. bulky items, items on a pallet), the consumer may incur higher return costs – an estimate of these higher return costs can be obtained by providing the shipment details, for example on the following websites: https://furgonetka.pl/, https://gls-group.com/PL/pl/wysylanie-paczek/ or https://www.sendit.pl/.

      8.10. The consumer is not entitled to the right to withdraw from a distance contract in respect of contracts:

      1. 8.10.1. (1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer’s express and prior consent, and the consumer was informed before the service began that they would lose the right to withdraw from the contract once the Seller had performed the service, and acknowledged this; (2) the subject matter of which is a non-prefabricated Product, manufactured to the consumer’s specifications or serving to satisfy their individual needs; (3) the subject matter of which are Products which, upon delivery, due to their nature, become inseparably combined with other movable property.

      8.11. The provisions concerning the consumer contained in this Section 8 of the Terms and Conditions shall also apply to a Service Recipient or Customer who is a natural person entering into a contract directly related to their business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the nature of their business activity, as disclosed under the provisions of the Central Register and Information on Economic Activity.

  9. PROVISIONS CONCERNING ENTREPRENEURS

    1. 9.1. This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to, and are therefore binding solely upon, the Customer or Service Recipient who is neither a consumer nor a natural person entering into a contract directly related to their business activity, where the content of such a contract indicates that it is not of a professional nature for that person, arising in particular from the nature of their business activity, as disclosed pursuant to the provisions on the Central Register and Information on Economic Activity.

      9.2. The Seller is entitled to withdraw from the Sales Contract within 14 calendar days of the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

      9.3. The Seller’s liability under the warranty for the Product or for the Product’s non-conformity with the Sales Agreement is excluded.

      9.4. The Seller shall respond to a complaint within 30 calendar days of receiving it.

      9.5. The Seller has the right to restrict the available payment methods, including the right to require full or partial prepayment, irrespective of the payment method chosen by the Customer and the fact that a Sales Agreement has been concluded.

      9.6. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service Recipient a relevant notice.

      9.7. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both in respect of a single claim and in respect of all claims in aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but not exceeding one thousand zlotys. The financial limit referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event that no Sales Agreement has been concluded or in cases unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for loss of profits. The Seller shall also not be liable for any delay in the delivery of the consignment.

      9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

  10. PRODUCT REVIEWS

    1. 10.1. The Seller does not allow its Customers to post or access reviews of Products or the Online Shop on the Online Shop website.

  11. ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS AND CONDITIONS

    1. 11.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act in relation to the Online Shop and the Service Provider. As a general rule, the Service User is not obliged to provide content whilst using the Online Shop, unless the Terms and Conditions require the provision of specific data (e.g. data for placing an Order). The Customer may be able to add a review or comment on the Online Shop using the tools provided for this purpose by the Service Provider. In any instance where the Customer provides content, they are obliged to comply with the rules set out in the Terms and Conditions.

      11.2. CONTACT POINT - The Service Provider designates the email address sklep@besco.eu as the single point of contact. The contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission and the Digital Services Board, whilst also enabling service recipients (including Service Users) to communicate directly, quickly and easily with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its point of contact.

      11.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:

      1. 11.3.1. Any person or entity may report to the Service Provider, via the email address sklep@besco.eu, the presence of specific information which that person or entity considers to be Illegal Content.

        11.3.2. The report should be sufficiently precise and properly substantiated. To this end, the Service Provider enables and facilitates the submission of reports to the email address provided above, containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where applicable, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and email address of the person or entity making the notification, except in the case of a notification concerning information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the notification that the information and allegations contained therein are accurate and complete.

        11.3.3. The report referred to above shall be deemed to provide a basis for acquiring actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates, if it enables a Service Provider acting with due diligence to ascertain – without detailed legal analysis – the unlawful nature of the activity or information in question.

        11.3.4. If the notification contains the electronic contact details of the person or entity that made the notification, the Service Provider shall, without undue delay, send such person or entity confirmation of receipt of the notification. The Service Provider shall also notify such a person or entity without undue delay of its decision regarding the information to which the report relates, providing information on the possibility of appealing against the decision taken.

        11.3.5. The Service Provider shall consider all reports received under the mechanism referred to above and shall take decisions regarding the information to which the reports relate in a timely, non-arbitrary and objective manner, and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it shall include information on this in the notification referred to in the previous paragraph.

      11.4. Information regarding restrictions imposed by the Service Provider in connection with the use of the Online Store, in relation to information provided by Service Users:

      1. 11.4.1. The User is bound by the following rules when providing any content within the Online Shop:

        1. 11.4.1.1. the obligation to use the Online Store, including the posting of content, in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good practice, whilst respecting the personal rights, copyright and intellectual property rights of the Service Provider and third parties;

          11.4.1.2. the obligation to post content that is factual and not misleading;

          11.4.1.3. a prohibition on providing unlawful content, including a prohibition on providing Illegal Content;

          11.4.1.4. a prohibition on sending unsolicited commercial communications (spam) via the Online Shop;

          11.4.1.5. a prohibition on providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;

          11.4.1.6. the obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Shop’s pages, in particular copyright or the required licences, permissions and consents for their use, distribution, making available, or publication, in particular the right to publish and distribute on the Online Store and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties.

          11.4.1.7. the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service Provider’s IT system, the Online Shop or third parties.

        11.4.2. The Service Provider reserves the right to moderate content provided by Service Users on the Online Store website. Moderation is carried out in good faith and with due diligence, either on the Service Provider’s own initiative or following a report received, for the purpose of detecting, identify and remove Illegal Content or other content that is inconsistent with the Terms and Conditions, or to prevent access to such content, or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.

        11.4.3. The moderation process may be carried out manually by a person or rely on automated or partially automated tools that assist the Service Provider in identifying Illegal Content or other content that does not comply with the Terms of Service. Upon identifying such content, the Service Provider shall decide whether to remove it or block access to it, or otherwise restrict its visibility, or take other measures it deems necessary (e.g. contact the Service User to clarify the concerns and amend the content). The Service Provider shall inform the Service User who provided the content (if their contact details are available) in a clear and easily understandable manner of its decision, the reasons for it, and the available options for appealing against the decision.

        11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including service recipients, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

      11.5. Any comments, complaints, claims, appeals or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a received report or a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaints procedure set out in clause 6 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the email address provided. Use of the procedure for submitting and handling complaints is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not infringe upon their other rights.

      11.6. The Service Provider shall consider all comments, complaints, claims, appeals or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a received report or a decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient grounds for the Service Provider to conclude that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not unlawful or in breach of the Terms and Conditions, or contains information indicating that the complainant’s conduct does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the possible removal of, or blocking access to, the content, or otherwise limiting its visibility, or take such other action as it deems necessary.

      11.7. Service Users, persons or entities who have reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content that is inconsistent with the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning such decisions, including in relation to complaints that have not been resolved through the Service Provider’s internal complaints handling system.

  12. FINAL PROVISIONS

    1. 12.1. Contracts concluded via the Online Shop are concluded in Polish.

      12.2. Amendments to the Terms and Conditions:

      1. 12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in legislation; changes to payment or delivery methods or deadlines; compliance with legal or regulatory obligations; changes to the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counter an unforeseen and immediate threat to the protection of the Online Shop, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.

        12.2.2. Notice of proposed changes shall be sent at least 15 days prior to the date on which such changes come into effect; provided, however, that a change may be implemented without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counter an unforeseen and immediate threat relating to the protection of the Online Store, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the preceding sentence, the changes shall take effect immediately, unless it is possible or necessary to apply a longer period for the implementation of the changes, in which case the Service Provider shall notify the Service User in each instance.

        12.2.3. In the case of ongoing contracts (e.g. provision of the Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notice period for the proposed changes. Such termination shall take effect within 15 days of the date of receipt of the notice. In the case of a continuing contract, the amended Terms and Conditions shall be binding on the Customer if they have been duly notified of the changes in accordance with the notice period prior to their introduction and have not terminated the contract during that period. Furthermore, at any time after receiving notification of the changes, the Service User may accept the changes and thereby waive the remainder of the notice period. In the case of a contract of a nature other than a continuous contract, amendments to the Terms and Conditions shall in no way infringe upon the rights acquired by the Customer prior to the date on which the amendments to the Terms and Conditions come into force; in particular, amendments to the Terms and Conditions shall not affect Orders already placed or submitted, or Sales Contracts that have been concluded, are being performed or have been fulfilled.

        12.2.4. Should an amendment to the Terms and Conditions result in the introduction of any new charges or an increase in existing charges, the consumer shall have the right to withdraw from the contract.

      12.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

  13. MODEL WITHDRAWAL
    FORM (ANNEX 2 TO THE CONSUMER RIGHTS ACT)


Model withdrawal form
 (this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee:

BESCO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Kościelna 21, 38-524 Besko
besco.eu
sklep@besco.eu

– I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) the contract for the supply of the following goods(*) the contract for work consisting of the manufacture of the following goods(*)/the provision of the following service(*)



– Date of conclusion of the contract(*)/receipt(*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is submitted in paper form)

– Date

(*) Delete as appropriate.


regulamin sklepu internetowego