Terms and conditions of the online store – Besteon

I. General Provisions

These Regulations define the general terms and conditions, the manner of providing electronic services and sales conducted through the online store https://besteon.pl. The owner of the store is Besteon sp. z o.o., place of business: Marsz. Józefa Piłsudskiego 74 / 320, 50-020 Wrocław, delivery address: as above, NIP 8971922798, REGON 525408683, hereinafter referred to as the Seller.
Contact with the Seller is made through:
e-mail address: biuro@besteon.pl
These Regulations set out the rules for the use of the Online Store, the conditions for placing orders for products in the Store, the time and rules for processing orders, the conditions and forms of payment, the Customer’s rights to cancel orders and withdraw from the contract, and the rules for filing and processing complaints.
The Seller informs that the use of services provided electronically may involve risks on the part of each Internet user, consisting in the possibility of introducing harmful software into the Client’s data communications system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus and firewall programs.

II. Definitions

The terms used in the Terms and Conditions shall mean:

Working days – are days from Monday to Friday excluding public holidays;

Customer – a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order at the Online Store or uses other Services available at the Online Store;
Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);

Account – a part of the Online Store assigned to a given Customer, through which the Customer may perform certain actions within the Online Store;

Registration – a service provided electronically. The procedure performed by the Customer in order to set up an Account and possibly complete an Order and use certain functions of the Online Store;

Consumer – a Customer who is a consumer within the meaning of Article 22 of the Civil Code[1] Civil Code;

Entrepreneur – Customer who is an entrepreneur within the meaning of Article 43 of the Civil Code[1] Civil Code;

Regulations – this document;

Goods – the product presented in the Online Store, the description of which is available next to each product presented;

Contract of sale – a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

Services – services provided by the Seller to Customers electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);

Law onProviding Services by Electronic Means – the Law of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, Item 1204 as amended);

Order – a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

The Online Store sells goods and services through the website using means of remote communication. In order to use the Online Store, it is necessary to be at least 18 years old and:

a computer or mobile device with access to the Internet;
access to e-mail;
installation of the latest version of a web browser;
enabling cookies and Javascript in the web browser.

Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Online Store.
The Customer is entitled and obliged to use the Store in accordance with its purpose and the rules of social coexistence and good morals.
The customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including, in particular, from any interference with the content of the Store or its technical elements, and from providing unlawful content. It is forbidden to use for purposes other than its purpose, including, in particular, sending spam, conducting any commercial, advertising, promotional, political, etc. activities on the Store’s websites.
The Store, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions, in functioning caused by force majeure, unauthorized actions of third parties or incompatibility of the Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require registration, and independent placing of orders by the Customer for products in the Store’s assortment does not require registration.
The Buyer, at the latest at the time of placing an order, is obliged to familiarize himself with the Regulations and by placing an order confirms that he has familiarized himself with them.

IV. Services

The Seller makes it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account.
The Client has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Client (Newsletter service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter service agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link included in the content of the message sent within the Newsletter service.
The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store’s website. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.
According to Article 38 – [Exceptions to the right of withdrawal] – Consumer rights. “Art. 38. The right of withdrawal from a contract concluded off-premises or at a distance is not granted to the consumer with respect to contracts: (…) 13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal and after the entrepreneur has informed him of the loss of the right of withdrawal.
If the Customer violates the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.

V. Procedure for conclusion of the Sales Agreement, terms and conditions and order processing time

All announcements, advertisements, price lists and other information posted on the Store’s pages do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract (Article 71 of the Act of 17 February 2016. Civil Code (Journal of Laws of 2016, item 380 as amended)
The Customer, places an order, indicating the products in which he is interested, by selecting the “To Cart” command located on the Product Page, and then indicating in the Cart the method of receipt and payment and confirming the order. The conclusion of the contract of sale of the products covered by the order occurs between the Buyer and the Seller when the Seller confirms acceptance of the order.
In the Shopping Cart, the Customer has the option to:

add and remove products and their quantities;
add a discount code.

On the order confirmation and payment sub-page, the customer has the option to:

to provide personal data: name, surname, telephone number and e-mail address for the purpose of delivery of order information;
indication of company data necessary for issuing an invoice
indicate the address to which the order item is to be delivered;
select the method of delivery depending on the conditions of sale of the Goods: InPost parcel machines, courier, traditional mail, personal collection, electronic way for digital products and services;
select the method of payment (traditional transfer to a bank account, instant transfer through the website);
add a discount code.

In the case of a reasonable suspicion that the customer has provided false data, the Store has the right to withdraw from the processing of the order by notifying the customer.
Shipment of the purchased Goods and performance of services is within the time limit according to the lead time specified in the card of the product in question (including the card of an individual customized product), as well as in the e-mail confirming the purchase, while the time limit is counted from the moment of confirmation of payment on the Store’s account.

For payment by card: Order processing time is calculated from the moment of positive payment authorization.

In the case of purchased Goods that are sent by traditional mail and courier are in envelopes or cardboard boxes that do not have any markings that may suggest the contents of the shipment and are sent by a neutral sender whose name is not associated with the industry.
Electronic orders can be placed 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and public holidays will not be processed until the next business day.
The store reserves the right to temporarily suspend operations for maintenance, development and modernization work.
If the customer chooses the method of payment in the form of intermediary entities in the transaction, lack of payment within 5 days of placing the order will result in cancellation of the order. In such a situation, the Customer may re-submit the order. Fulfillment of an order paid by bank transfer or credit card begins upon receipt of payment for the goods.
If it is not possible to fulfill part of the order, the Store may offer the Customer:

cancellation of the entire order (if the Customer chooses this option, the Store will be relieved of the obligation to fulfill the order);
cancellation of the order in the part in which fulfillment is not possible within the prescribed period (if the Customer chooses this option, the order will be fulfilled in part, but the Store will be released from the obligation to fulfill it to the remaining extent);
realization of substitute performance, which will be confirmed with the Customer. The order on the basis of the substitute provision, once approved by the Customer, will be treated as final;
splitting the order and setting a new completion date for that part of the order, the completion of which is not possible in the originally set date (if the Customer chooses this option, the dispatch of the products comprising the order will be made in several separate shipments, and the Customer will bear the additional costs associated with splitting the order into several shipments).

If the Store does not have the ordered product in stock or is unable to fulfill the Customer’s order for other reasons, the Store will inform the Customer by sending information to the email address provided during registration within 7 (seven) days, counting from the date of conclusion of the contract.
If the payment for the subject of the order, which could not be fulfilled in whole or in part, was made in advance, the Store will refund the amount paid (or the difference) to the Customer within 14 (fourteen) days from the date of sending the information, according to the rules indicated in detail in these Regulations.
If the Customer provides incorrect or inaccurate data, including, in particular, an incorrect or inaccurate address, the Store shall not be liable for non-delivery or delay in delivery of the object of the order to the fullest extent permitted by law.
The Store may include on the Store’s website presenting a given product information about the number of working days, i.e. days of the week from Monday to Friday excluding public holidays, during which the shipment with the subject of the order will be sent. The aforementioned information is an approximate time counted from the moment of accepting an order for processing to the moment of sending the subject of the order to the Customer, by the method chosen by the Customer. The order processing time is given taking into account the deadline for completion of all ordered products.
Individual (custom) orders can be placed via the Store’s e-mail address, by telephone or by selecting the “To Cart” command located on the Product Page, and then indicating in the Cart the method of receipt and payment and confirming the order. In this case of an individual product, the Store will make an approximate estimate and send it to the e-mail address indicated by the customer.
The lead time for an individual order (customized) is up to 14 working days from the receipt of payment, in the case of materials that are difficult to access, the lead time may be extended to the time necessary for the proper execution of the order. The customer is informed about the completion date electronically (e-mail).
The store serves customers on the territory of Poland, Europe and all over the world.

VI. Product prices and shipping costs

Prices posted next to the product offered by the Store are net prices, include information on VAT and are given in Polish currency.
Prices shown next to the product offered by the Store in case of sales outside Poland may be changed to a different currency (EUR, USD) based on the exchange rate set by the Store
The price listed next to the product does not include information on shipping costs.
The Store reserves the right to change prices of goods in the Store, introduce new goods for sale, conduct and cancel promotional campaigns, or make changes thereto in accordance with the provisions of the Civil Code and other laws, but such changes do not affect the rights of persons who have concluded contracts for the sale of goods offered by the Store before the aforementioned changes were made, or the rights of persons entitled to take advantage of a given promotion, in accordance with its rules and during its duration.
Shipping costs are added to the sum of ordered products and are borne by the Customer.
If the Customer selects the “Paczkomaty InPost” delivery option, the delivery of the Goods under this service will be performed by the company InPost Sp. z o.o. after the Customer accepts the “Paczkomaty 24/7″ rules and regulations prepared and provided by the “Paczkomaty InPost” service provider, i.e. the company InPost Sp. z o.o.. The Store will allow the Customer to read the terms and conditions of service or “Paczkomaty 24/7″ in the process of approving the Customer’s choice of the method of delivery of the Goods.
When receiving a parcel delivered by a courier, it is recommended that the Customer check the condition of the external packaging of the parcel in his presence. In the event of damage to the packaging of the shipment, it is recommended that the Customer, together with the courier, draw up a damage report, in two identical copies signed by the Customer and the courier. Failure to comply with the recommendations does not affect the possibility of filing a complaint with the Store.
Receiving the shipment, the customer should check the condition of the package and, if there are any objections, select the option for complaints and follow the displayed instructions. Failure to follow the instructions does not affect the possibility of filing a complaint with the Store.

VII. Discount coupons and their use

Discount coupons are vouchers that cannot be purchased by purchase, but are issued only as part of advertising campaigns, and have a specified validity period.
Discount coupons can only be used within a certain period of time and only within a single order. Some brands may be excluded from the promotional campaign. Please note that discount coupons can be associated with a minimum purchase value.
The value of the Goods must not be less than the amount on the discount coupon. The difference, if any, in the case of a higher value of the Goods can be compensated by payment made in one of the offered ways. The discount coupon cannot be paid in cash, nor is it interest-bearing. The discount coupon cannot be refunded when the goods are fully or partially returned.
Discount coupons can only be used before the completion of the ordering procedure. Subsequent use is not possible. Discount coupons are not transferable to third parties. In the absence of other arrangements, several discount coupons cannot be combined.
If the customer has used a discount coupon during his purchases, we reserve the right to charge the original price of the goods that the customer has retained, if – due to the customer’s withdrawal from the contract – the total value of the order falls below the value of the discount coupon.

VIII. Acceptable methods of payment

The Customer may choose the following payment methods:

bank transfer to the Seller’s bank account (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after the funds are received in the Seller’s bank account and the Order is completed);
electronic payment via PayU, Przelewy24, PayPal, Stripe (in this case, execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent’s system about the payment made by the Customer, while shipment will be made immediately after completion of the Order).
płatność elektroniczna za pośrednictwem Paynow:
- Podmiotem świadczącym obsługę płatności online w zakresie płatności kartami jest Autopay S.A.
- Dostępne formy płatności: Karty płatnicze: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro

The Seller shall inform the Customer on the Store’s website of the deadline within which the Customer is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment setting an appropriate time limit, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.
The refund shall be made in the same form in which the payment was made by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for him.
All costs of financial transactions shall be borne by the Customer.

IX. Entitlement to withdraw from the Contract

The Customer, who is a Consumer, may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.
The Customer may formulate the statement himself or use the model statement of withdrawal from the Agreement, which is attached as Appendix No. 1 to the Regulations.
The 14-day period shall be counted from the day on which the Goods were delivered or, in the case of a Contract for Services, from the date of its conclusion.
Upon receipt of the Consumer’s statement of withdrawal from the Contract, the Seller will send a confirmation of receipt of the statement of withdrawal to the Consumer’s e-mail address.
The Consumer’s right to withdraw from the Contract is excluded in the case of:

provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the Seller’s performance, he will lose the right to withdraw from the Agreement;
desire to return products on promotion. In this case, it is required to return the entire order in the same condition as the Customer received it.
A contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract;
A contract in which the subject of performance is a non-refabricated Goods, manufactured to the Consumer’s specifications or serving to meet his individualized needs;
Agreement in which the object of performance is Goods subject to rapid deterioration or having a short shelf life;
A contract in which the subject of performance is Goods supplied in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
A contract in which the subject of performance are Products, which after delivery, due to their nature, are inseparably combined with other things;
A contract in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Contract shall be granted to the Consumer with respect to additional services or Goods;
A contract in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, except for a subscription contract;
A contract concluded through a public auction;
A contract for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
Agreement for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the Agreement and after the Seller has informed him of the loss of the right to withdraw from the Agreement.
According to Art. 38 – [Exceptions to the right of withdrawal] – Consumer rights. “Art. 38 The right of withdrawal from a contract concluded off-premises or at a distance shall not be granted to the consumer with respect to contracts: (…) 13) for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal and after the trader has informed him of the loss of the right of withdrawal.

In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the address of the Seller.
The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract, return to the Consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Consumer itself.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the latter.
The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

X. Complaints regarding Goods under warranty

The Seller undertakes to deliver the Goods without defects.
The Seller shall be liable to the Customer who is a Consumer under the warranty for defects under the terms of Articles 556 – 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
Complaints, resulting from violation of the Customer’s rights guaranteed by law or under these Regulations, should be addressed to Marsz. Józefa Piłsudskiego 74 / 320, 50-020 Wrocław, e-mail address: biuro@besteon.pl, telephone number +48693282688
In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible attaching to it the proof of purchase. Goods should be delivered or sent to the address indicated in item. 3.
The Seller undertakes to consider each complaint within 14 days.
In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.

XI. Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the functioning of the Store and use of the Services. Complaints may be submitted in writing to the address:

Marsz. Józefa Piłsudskiego 74 / 320, 50-020 Wrocław;
to the e-mail address: biuro@besteon.pl;
phone number: +48693282688

In the complaint, the customer should provide his name, mailing address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.
According to Article 38 – [Exceptions to the Right of Withdrawal] – Consumer Rights. “Article 38 The right of withdrawal from a contract concluded off-premises or at a distance shall not be granted to the consumer with respect to contracts: (…) 13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal and after the trader has informed him of the loss of the right of withdrawal.

XII. Guarantees

Goods may have a warranty from the manufacturer, Seller or importer.
2. In case of Goods covered by a guarantee, information on the existence and content of the guarantee, as well as the period for which it is granted, is each time presented in the description of the Goods on the web pages of the Store.

XIII. Out-of-court settlement of complaints and claims

A Customer who is a Consumer has, among other things, the following possibilities to use out-of-court ways of dealing with complaints and claims:

is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
is entitled to apply to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;
may obtain free assistance in resolving a dispute between the Customer and the Vendor, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
file your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIV. Data protection and “cookies”

The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable laws and in accordance with the Privacy Policy, which can be found here, is an integral part of these Regulations.

XV. Final provisions

In matters not regulated by these Regulations, the provisions of common law shall apply, in particular the Act of 23.4.1964. – Civil Code, the Act of November 17, 1964 Code of Civil Procedure and the Act of 30.05.2014. – on consumer rights.

The Customer’s obligations under the Sales Agreement are fulfilled at the time of payment for the Goods and delivery and collection of the Goods, made in accordance with the Order.
All materials, including graphic elements, composition of these elements, trademarks and others, available in the Store are the subject of exclusive rights, in particular, they are the subject of copyright protection. The use of materials made available in the Store in any form requires the consent of the Seller each time.
All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of them may take place only in the manner specified and in accordance with the Regulations.
Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, shall be submitted to the court having jurisdiction over the seat of the Seller.
In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Electronic Services Act, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
The Customer, who is a Consumer, has the possibility to use out-of-court ways of dealing with complaints and claims, in particular, he can ask for mediation or settlement in an arbitration court. For this purpose, you must provide the institution before which the proceedings will be held with the appropriate form – a request for mediation or a request for settlement before an arbitration court. A list and addresses of entities conducting such proceedings are available at this address: https://uokik.gov.pl/wazne_adresy.php#faq592 . If the Customer does not wish to use ADR, any disputes arising under the Terms and Conditions or sales contracts will be resolved by a common court of general jurisdiction. Disputes arising between the Seller and a Customer who is not also a Consumer shall be submitted to the court having jurisdiction over the Seller’s registered office.
Each Client will be informed of any changes to these Terms and Conditions through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes with a summary of the changes to the e-mail address indicated by them. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Client with a Client Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.

These Terms and Conditions are effective as of: 21.03.2023