THE ONLINE STORE TERMS AND CONDITIONS

GENERAL PROVISIONS

  1. These Terms and Conditions set out, in particular:
    1. the types and scope of Electronic Services provided electronically by the Seller;
    2. the conditions for the provision of Electronic Services and the manner of concluding Sales Agreements for Goods;
    3. the technical requirements necessary for cooperation with the ICT system used by the Seller;
    4. the prohibition on the Customer providing content of an unlawful nature;
    5. the conditions for concluding and terminating agreements for the provision of Electronic Services;
    6. the complaint handling procedure.
  2. Definitions:
    CUSTOMER
    (1) a natural person with full legal capacity, and, in cases provided for by generally applicable laws, also a natural person with limited legal capacity; or
    (2) a legal person; or
    (3) an organisational unit without legal personality to which the law grants legal capacity
    - who has concluded or intends to conclude a Sales Agreement with the Seller.
    CIVIL CODE
    the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
    CONSUMER
    a natural person ordering Goods in the Online Store for a purpose not directly related to their business or professional activity.
    ACCOUNT
    an Electronic Service made available to the Customer by the Seller in the Online Store after registration consisting in the Customer entering their personal data through the Registration Form, within the scope of which Electronic Service the functionality of concluding a Sales Agreement is made available.
    CART
    a functionality of the Online Store enabling the performance of the Sales Agreement by gathering Goods selected by the Customer.
    BUSINESS DAY
    one day from Monday to Friday, excluding statutory public holidays.
    REGISTRATION FORM
    an Electronic Service, an interactive form available in the Online Store enabling the creation of an Account.
    ORDER FORM
    an Electronic Service, an interactive form available in the Online Store enabling the placing of an Order, in particular by adding Goods to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
    NEWSLETTER
    an Electronic Service provided by the Seller via electronic mail, which enables all Customers using it to automatically receive from the Seller digital content in the form of periodic “newsletter” messages, containing information about Goods, novelties and promotions.
    SOLE TRADER ACTING AS CONSUMER
    a natural person concluding a Sales Agreement with the Seller directly connected with their business activity, where the content of such Sales Agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity disclosed under the provisions on the Central Registration and Information on Business (CEIDG). The provisions of these Terms and Conditions concerning the Consumer shall apply mutatis mutandis to the Sole Trader Acting as Consumer, unless these Terms and Conditions or generally applicable mandatory laws provide otherwise.
    Where the content of the Sales Agreement to be concluded does not indicate whether it has a professional character for the Sole Trader Acting as Consumer, such person may, at the latest at the time of conclusion of the Sales Agreement, submit a statement that the Sales Agreement has a professional character for them or that it does not have such a character. The Seller shall not make the conclusion of the Sales Agreement conditional upon the submission of such a statement.
    GOODS
    a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
    TERMS AND CONDITIONS
    these Terms and Conditions of the Online Store.
    ONLINE STORE
    the Seller’s online store available at the following Internet address: https://pattmond.com/ enabling the use of Electronic Services and the conclusion of Sales Agreements;
    SELLER
    BAUND Spółka z ograniczoną odpowiedzialnością with its registered office at ul. Marszałkowska 58, 00-545 Warszawa, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number 0001232808, NIP: 7011306545, REGON: 544385125, e-mail address: customercare@pattmond.com
    SALES AGREEMENT
    an agreement for the sale of Goods concluded or to be concluded between the Customer and the Seller via the Online Store.
    ELECTRONIC SERVICE
    a service provided electronically by the Seller to the Customer via the Online Store;
    CONSUMER RIGHTS ACT, THE ACT
    the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
    AESM
    the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended),
    ORDER
    a declaration of will of the Customer submitted via the Order Form and directly aimed at concluding a Sales Agreement for Goods with the Seller.
  3. These Terms and Conditions are addressed both to Consumers (including Sole Traders Acting as Consumers) and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise and is addressed solely to Consumers or solely to entrepreneurs.
  4. The controller of personal data processed in the Online Store in connection with the provision of Electronic Services and Sales Agreements is the Seller. Personal data is processed for the purposes, within the scope, and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store (https://pattmond.com/privacy-policy). The privacy policy contains primarily the rules concerning the processing of personal data by the Controller in the Online Store, including the grounds, purposes and scope of the processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store and the related provision of Customers’ personal data for the purpose of providing Electronic Services is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the agreement and the Seller’s statutory obligations).

ELECTRONIC SERVICES IN THE ONLINE STORE

  1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
  2. Use of the Order Form without registering an Account:
    1. The use of the Online Store is possible in the “Guest” mode, as well as within an existing Account, which is tantamount to the conclusion of an agreement for the provision of Electronic Services between the User and the Seller.
    2. The requirement to register and use an Account does not apply to Customers using the Order Form in the “Guest” mode. In such a case, before placing an Order, the Customer is required to complete the relevant Order Form by indicating their will to place an Order in the “Guest” mode and providing the data necessary to identify the Customer and to conclude and perform the Sales Agreement, as described in detail in section 2.4 below. In order to place an Order, the User is required to accept the content of these Terms and Conditions and to confirm having read the Privacy Policy.
    3. Each completion of the Order Form in the “Guest” mode is tantamount to the conclusion of a new agreement for the provision of Electronic Services between the Customer and the Service Provider. Such an agreement expires and ceases to be binding between the parties when: a) the given Order is cancelled, or b) the Sales Agreement concluded in connection with the Order is performed by the parties, or c) it ceases to be binding between them for other reasons provided for by law, or d) where the data entered by the Customer make it impossible to perform the Sales Agreement.
  3. Account – Registration Form:
    1. The use of the Account is possible after the Customer has carried out two consecutive steps:
      1. completion of the Registration Form,
      2. clicking the “Register” field.
    2. In the Registration Form, the Customer is required to provide the following data: first name and surname, e-mail address and password.
    3. After gaining access to the Account, the Customer may use the following functions:
      1. communication between the Seller and the Customer, in particular with regard to the performance of the agreements referred to in these Terms and Conditions;
      2. preview and modification of the Customer’s personal data, including the password and the history of Orders.
  4. Order Form:
    1. The use of the Order Form begins when the Customer adds the first Goods to the Cart in the Online Store.
    2. The Order is placed after the Customer has carried out two consecutive steps:
      1. after completing the Order Form
      2. clicking the “order and pay” field on the Online Store website after completing the Order Form
      3. – up to this moment, the Customer may independently modify the data entered (for this purpose, the Customer should follow the messages displayed and the information available on the Online Store website).
    3. In the Order Form, the Customer is required to provide the following data:
      1. First name and surname / company name,
      2. address (street, house/apartment number, postal code, locality, country),
      3. e-mail address,
      4. contact telephone number,
      5. and data concerning the Sales Agreement:
        1. Goods,
        2. quantity of Goods,
        3. place and method of delivery of Goods,
        4. method of payment,
        5. in the case of Customers who are not Consumers, the company name and Tax Identification Number (NIP) must also be provided.
  5. Newsletter:
    1. The use of the Newsletter takes place after the Customer provides, in the “Newsletter” tab visible on the Online Store website, the e-mail address to which subsequent editions of the Newsletter are to be sent, and clicks the action field.
    2. It is also possible to subscribe to the Newsletter by ticking the relevant checkbox during the placement of an Order – upon placing the Order, the Customer is subscribed to the Newsletter.
    3. The Seller undertakes to provide the Newsletter by electronic mail, to the e-mail address provided by the Customer when the Account was made available, in the form of e-mail messages.
  6. Provisions concerning the Electronic Services:
    1. The Order Form and the Registration Form are of a one-off nature, and their full performance is completed upon the placement of an Order through them or upon earlier discontinuation by the Customer of the placement of an Order or registration of an Account through them.
    2. Electronic Services are provided by the Seller free of charge for an indefinite period (with the exception of the Electronic Services of the Registration Form and the Order Form, which are provided on a one-off basis). The Customer may, at any time and without giving any reason, terminate the agreement for the provision of Electronic Services (resign from the Electronic Services) with immediate effect upon delivery, by sending an appropriate request to the Seller, in particular by electronic mail to the address: customercare@pattmond.com or in writing to the address:
    3. BAUND Spółka z ograniczoną odpowiedzialnością ul. Marszałkowska 58, 00-545 Warszawa or through the Account.
    4. Technical requirements for Electronic Services
      Technical requirements necessary for cooperation with the ICT system used by the Seller:
      1. a computer, laptop or other device with Internet access;
      2. access to electronic mail;
      3. one of the following Internet browsers must be installed: Firefox, Chrome, Safari, Edge, Opera; the browser should be updated to the latest version;
      4. recommended minimum screen resolution: 1024x768;
      5. enabling, in the Internet browser, the option of saving Cookies and the support of JavaScript.
  7. According to the Seller’s best knowledge, cooperation with the ICT system is also possible via browsers other than those listed in section 2.6.2, however, only the above browsers are covered by the Seller’s assurance of the correct operation of the ICT system.
  8. The Seller applies technical and organisational measures ensuring the use of Electronic Services, aimed at preventing access by unauthorised persons. More information on the security measures applied by the Seller can be found in the privacy policy at: https://pattmond.com/privacy-policy.
  9. The results of the provision of Electronic Services are delivered in electronic form, including in the form of the text of e-mail messages and HTML code, jpg or png graphic files or other files that are compatible with any device enabling the display of such content. Electronic Services contain functionalities (including cookies) allowing for the presentation of content and the transmission to the Seller of feedback information as to whether the content has been read and whether the links have been accessed.
  10. In view of the public nature of the Internet, used, among others, to transmit electronic mail, the Seller informs that the provision of Electronic Services may involve risk. The particular threats associated with the use of a service provided electronically include, among others:
    1. the possibility of receiving spam, i.e. unsolicited advertising (commercial) information transmitted electronically;
    2. the presence and operation of malware-type software, including: computer viruses;
    3. the presence and operation of Internet worms, i.e. malicious software capable of self-replication;
    4. the possibility of the operation of spyware-type software, i.e. software spying on the user’s activities on the Internet, installing itself without the user’s knowledge, consent and control;
    5. the possibility of being exposed to cracking or phishing (password fishing);
    6. piracy;
    7. sniffing – unauthorised eavesdropping, other than that falling within the concept of cracking and phishing, consisting in the use of a sniffer – a computer program whose task is to intercept and possibly analyse data flowing in the network;
    8. the possibility of other persons using the ICT system and/or telecommunications network introducing unlawful devices providing unauthorised access to services;
    9. cryptanalysis activities, i.e. finding weaknesses in a cryptographic system and thus enabling it to be broken or circumvented.
  11. In view of the particular nature of electronic threats, in order to minimise risk and increase the level of security, the Customer is recommended to protect the devices they use, e.g. by introducing mechanisms for controlling access to such devices, protecting the data used to authenticate access, installing anti-virus software, having an up-to-date operating system, and connecting end devices only to trusted Wi-Fi networks. The Customer accepts the above risk, agreeing to the use of public ICT channels.
  12. The Customer undertakes to use the Electronic Services in a manner consistent with the law and good practice, to respect the personal rights, copyrights and intellectual property rights of the Seller and third parties. When using the Electronic Services, the Customer may not supply (transmit, generate) content of an unlawful nature.
  13. The Customer’s Account, the Online Store and the results of the provision of Electronic Services are protected by law, in particular as works under the Act of 4 February 1994 on copyright and related rights (consolidated text Journal of Laws 2006.90.631); as databases under the Act of 27 July 2001 on the protection of databases (Journal of Laws 2001.128.1402); as a trade secret under the Act of 16 April 1993 on combating unfair competition (consolidated text Journal of Laws 2003.153.1503).
  14. On the basis of the agreement for the provision of any of the Electronic Services, the Seller grants the Customer a non-exclusive, royalty-free and non-transferable licence to use the copyrights to the works made available as a result of the provision of the Electronic Services, solely for the purpose of using the Electronic Services. The Customer’s use of the results of the provision of the Services is permitted for the Customer’s own non-commercial purposes.
  15. The licence referred to in section 2.14 above is granted for an indefinite period and expires automatically upon the termination, on any grounds, of the agreement for the provision of any of the Electronic Services.
  16. Under no circumstances shall the Seller be liable for the content of other websites or electronic services not owned or possessed by the Seller, to which links have been placed within the scope of the provision of Electronic Services.
  17. Complaint procedures

    Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Store (with the exception of the complaint procedure regarding Goods, which is described in section 6 of these Terms and Conditions), may be submitted by the Customer:

    • in writing to the address: BAUND Spółka z ograniczoną odpowiedzialnością ul. Marszałkowska 58, 00-545 Warszawa;
    • in electronic form via electronic mail to the address: customercare@pattmond.com;
    • In the description of the complaint, the following should be provided:
      • information and circumstances concerning the subject of the complaint, in particular the nature and date of occurrence of the irregularity;
      • the Customer’s expectations; and
      • contact details of the complainant – this will facilitate and expedite the handling of the complaint by the Seller.

    The requirements set out above are only recommendations and do not affect the effectiveness of complaints submitted without observing the recommended description of the complaint; however, they significantly facilitate the handling of the complaint.

    The Seller shall respond to the complaint without delay, no later than within 14 calendar days from the date of its submission.

TERMS OF CONCLUSION OF THE SALES AGREEMENT

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order for the Goods, using the Order Form in the Online Store in accordance with section 2.3 of these Terms and Conditions.
  2. The price of the Goods shown on the Online Store website is given in euro and includes taxes. The Customer is informed of the total price of the Goods being the subject of the Order (including taxes), as well as of the delivery costs and other costs, and where the amount of such fees cannot be determined – of the obligation to pay them, in the Online Store during the placement of the Order, including at the moment when the Customer expresses their will to be bound by the Sales Agreement.
  3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form is as follows:
    1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with section 2.3 and the following provisions of these Terms and Conditions.
    2. After the Order has been placed, the Seller shall without delay confirm its receipt and the availability of the Goods, and accepts the Order for processing.
    3. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending to the Customer an appropriate e-mail message to the e-mail address provided by the Customer during the placement of the Order, which contains at least the Seller’s statements of receipt of the Order, availability of the Goods and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.
    4. The recording, securing and making available to the Customer of the content of the concluded Sales Agreement takes place by:
      1. making these Terms and Conditions available on the Online Store website, and
      2. sending to the Customer the e-mail message referred to in section 3.3.3 above.
      3. the content of the Sales Agreement is additionally recorded and secured in the Account.

      The Seller reserves the right to refuse to process or to cancel an Order, in whole or in part, where the Seller has reasonable grounds to believe that: (i) the Order was placed in breach of these Terms and Conditions; (ii) the Order was placed using automated means (including bots, scripts or other software) circumventing the standard ordering process; (iii) the Order is part of an apparent commercial resale activity that is not authorised by the Seller; (iv) the Order has been placed in connection with fraudulent activity, identity misuse or payment irregularities; or (v) the Order cannot be fulfilled due to manifest errors in the Online Store (in particular, manifestly incorrect prices or product descriptions). In the event of cancellation, the Seller shall inform the Customer without undue delay and shall refund any amounts paid by the Customer using the same payment method, unless the Customer has expressly agreed to a different method of refund which does not involve any costs for them.

METHODS AND DEADLINES OF PAYMENT FOR GOODS

  1. Methods of payment:
    1. The Seller makes the following methods of payment available to the Customer under the Sales Agreement:
    2. electronic payments and payment by credit/payment card via Stripe – the current available methods of payment are specified on the Online Store website in the information tab concerning methods of payment, as well as on the websites: https://stripe.com.
    3. Transactions involving electronic payments and payment by credit/payment card are settled, depending on the Customer’s choice, via Stripe. Electronic payments and payment by payment card are handled by:
    4. Stripe – Stripe Payments Europe Ltd. with its registered office in Ireland. The Seller reserves the right to make available additional payment methods, including Paynow (operated by mBank S.A.) and InPost Pay (operated by InPost S.A.), subject to a separate notice published on the Online Store website
  2. Payment deadline:
    1. In the case of electronic payments or payment by credit/payment card, the Customer is obliged to make the payment without delay after placing the Order.

COST, METHODS AND TIME OF DELIVERY OF GOODS

  1. Delivery of Goods to the Customer is subject to a fee, unless the Sales Agreement provides otherwise.
  2. The costs of delivery of the Goods are indicated to the Customer on the Online Store website in the information tab concerning delivery costs and during the placement of the Order, including at the moment when the Customer expresses their will to be bound by the Sales Agreement.
  3. The Seller delivers the purchased Goods by courier shipments.
  4. The delivery time of Goods to the Customer is up to 21 Business Days, unless a different period is indicated in the description of the given Goods or during the placement of the Order. In the case of Goods with different delivery times, the delivery time shall be the longest specified period, which however may not exceed 21 Business Days. The delivery time for Goods to the Customer is counted from the date on which the Seller’s bank account or settlement account is credited.

    Where Goods are delivered to a destination outside the European Union, the Customer is the importer of the Goods and may be subject to import duties, customs charges, value added tax and other local fees or taxes imposed by the country of destination. Such charges are not included in the price of the Goods or the delivery costs displayed in the Online Store and shall be borne by the Customer. The Customer is responsible for compliance with all applicable laws and regulations of the country of destination, including in particular any restrictions on import.

COMPLAINTS REGARDING GOODS

  1. The Seller is obliged to deliver to the Customer being a Consumer Goods that conform to the Sales Agreement. The Seller’s liability for the lack of conformity of the Goods with the Sales Agreement is determined by generally applicable laws, in particular by the provisions of Chapter 5a of the Consumer Rights Act of 30 May 2014 (Articles 43a–43g).
  2. The Goods are deemed to be in conformity with the Sales Agreement if, in particular: (i) their description, type, quantity, quality, completeness and functionality correspond to the Sales Agreement; (ii) they are suitable for the particular purpose for which they are needed by the Consumer, of which the Consumer informed the Seller at the latest at the time of the conclusion of the Sales Agreement and which the Seller accepted; (iii) they are suitable for the purposes for which Goods of the same type are normally used, having regard to the applicable laws, technical standards or good practices; (iv) they are supplied with such accessories and instructions, including instructions for installation and use, as the Consumer may reasonably expect; and (v) they are of such quality, durability and possess such other features (including those relating to safety) as are typical for Goods of the same type and which the Consumer may reasonably expect.

    The Seller is liable for any lack of conformity of the Goods with the Sales Agreement which exists at the time of delivery of the Goods to the Consumer and which becomes apparent within two years from that time. A lack of conformity which becomes apparent within two years from the delivery of the Goods is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Goods or the nature of the lack of conformity.

    If the Goods are not in conformity with the Sales Agreement, the Consumer may request that the Goods be brought into conformity by way of repair or replacement. The Seller may make the replacement when the Consumer requests repair, or repair when the Consumer requests replacement, if bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would entail excessive costs for the Seller. If both repair and replacement are impossible or would entail excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.

    The Seller shall carry out the repair or replacement within a reasonable time from the moment of being informed by the Consumer of the lack of conformity of the Goods with the Sales Agreement and without significant inconvenience to the Consumer, taking into account the specific nature of the Goods and the purpose for which the Consumer acquired them. The Seller shall bear the costs of repair or replacement, including in particular the costs of postage, transport, labour and materials. The Consumer is obliged to make the Goods which are subject to repair or replacement available to the Seller. The Seller collects the Goods from the Consumer at the Seller’s expense.

    If the Goods are not in conformity with the Sales Agreement, the Consumer may submit a statement requesting a reduction of the price or, in cases set out below, withdrawal from the Sales Agreement, where: (i) the Seller has refused to bring the Goods into conformity with the Sales Agreement in accordance with the preceding clauses; (ii) the Seller has failed to bring the Goods into conformity within a reasonable time or with significant inconvenience to the Consumer; (iii) the lack of conformity persists despite the Seller’s attempt to bring the Goods into conformity; (iv) the lack of conformity is of such significance as to justify an immediate price reduction or withdrawal from the Sales Agreement without first resorting to repair or replacement; or (v) it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Goods into conformity within a reasonable time or without significant inconvenience to the Consumer.

    The reduced price shall remain in such proportion to the price under the Sales Agreement as the value of the Goods not in conformity with the Sales Agreement remains to the value of the Goods in conformity with the Sales Agreement. The Consumer may not withdraw from the Sales Agreement if the lack of conformity of the Goods with the Sales Agreement is insignificant. The lack of conformity is presumed to be significant.

    In the event of withdrawal from the Sales Agreement, the Consumer shall return the Goods to the Seller at the Seller’s expense without delay. The Seller shall return the price to the Consumer no later than within 14 days from the date of receipt of the Goods or proof of their dispatch, whichever event occurs first, 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 involve any costs for them.

  3. A complaint may be submitted by the Customer:

    in writing to the address:

  4. BAUND Spółka z ograniczoną odpowiedzialnością ul. Marszałkowska 58, 00-545 Warszawa; in electronic form via electronic mail to the address: customercare@pattmond.com;

    Content of the complaint

    It is recommended that the Customer provide in the description of the complaint:

    (1) information and circumstances concerning the subject of the complaint, in particular the nature and date of occurrence of the defect;

    (2) a request for the manner of bringing the Goods into conformity with the Sales Agreement or a statement on the reduction of the price or withdrawal from the Sales Agreement; and

    (3) contact details of the complainant – this will facilitate and expedite the handling of the complaint by the Seller.

    The requirements set out above are only recommendations and do not affect the effectiveness of complaints submitted without observing the recommended description of the complaint; however, they significantly facilitate the handling of the complaint.

  5. The Seller shall respond to the Customer’s complaint without delay, no later than within 14 calendar days from the date of its submission.
  6. A Customer exercising rights for lack of conformity of the Goods with the Sales Agreement is obliged to deliver the Goods to the following address:

    BAUND Spółka z ograniczoną odpowiedzialnością ul. Marszałkowska 58, 00-545 Warszawa.

  7. In the case of a Customer being a Consumer, the cost of delivering the Goods shall be borne by the Seller; in the case of a Customer who is not a Consumer, the cost of delivery shall be borne by the Customer.

OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibility for a Customer being a Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/
  2. A contact point also operates at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose tasks include providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
  3. The Consumer has the following examples of options for using out-of-court methods of handling complaints and pursuing claims:
    • (1) a request for resolution of the dispute submitted to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/);
    • (2) a request for out-of-court resolution of the dispute submitted to the regional inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and
    • (3) assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federation of Consumers and the Polish Consumers’ Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and through the consumer helpline at 801 440 220 (helpline open on Business Days, between 8:00 and 18:00, call charged according to the operator’s tariff).
  4. At http://ec.europa.eu/consumers/odr the Internet platform for resolution of disputes between consumers and entrepreneurs at EU level is available (the ODR platform).

    The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or a service agreement (more information on the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/).

RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. Deadline

    A Consumer who has concluded 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 section 8.7 of these Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry.

    The statement on withdrawal from the agreement may be submitted:

    • in writing to the address: BAUND Spółka z ograniczoną odpowiedzialnością ul. Marszałkowska 58, 00-545 Warszawa;
    • in electronic form via electronic mail to the address: customercare@pattmond.com.
  2. Form of withdrawal

    A sample template of the withdrawal form is contained in Annex No. 2 to the Consumer Rights Act and is additionally available in section 11 of these Terms and Conditions. The Consumer may use the form template, but it is not obligatory.

  3. Commencement of the period

    The period for withdrawal from the agreement commences:

    1. For an agreement under which the Seller delivers the Goods, being obliged to transfer their ownership (e.g. a Sales Agreement) – from the moment the Goods are taken into possession by the Consumer or a third party indicated by them other than the carrier, and in the case of an agreement which covers many Goods that are delivered separately, in batches or in parts – from the moment of taking possession of the last Goods, batch or part.
    2. For other agreements – from the date of conclusion of the agreement.
  4. Effect of withdrawal
    1. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
    2. The Seller is obliged, without delay and no later than within 14 calendar days from the date of receipt of the Consumer’s statement on withdrawal from the agreement, to return to the Consumer all payments made by them, including the costs of delivery of the Goods (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery available in the Online Store).
    3. The Seller shall refund payments using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for them.
    4. If the Seller has not offered to collect the Goods from the Consumer themselves, the Seller may withhold the refund of payments received from the Consumer until the Seller has received the Goods back or until the Consumer has provided proof of their return, whichever occurs first.
  5. The Consumer is obliged, without delay and no later than within 14 calendar days from the date on which they withdrew from the agreement, to return the Goods to the Seller or hand them over to a person authorised by the Seller to receive them, unless the Seller has offered to collect the Goods themselves. To meet the deadline, it is sufficient to return the Goods before its expiry. The Consumer may return the Goods to the address:

    BAUND Spółka z ograniczoną odpowiedzialnością ul. Marszałkowska 58, 00-545 Warszawa.

  6. The Consumer is liable for any diminution in the value of the Goods resulting from using them in a manner going beyond what is necessary to establish the nature and characteristics of the Goods.
  7. Possible costs related to the Consumer’s withdrawal from the agreement, which the Consumer is obliged to bear:
    1. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
    2. The Consumer bears the direct costs of returning the Goods.
  8. The right to withdraw from a distance contract is not available to the Consumer in respect of contracts:
    1. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who has been informed before the commencement of the service that, after the Seller’s performance, they will lose the right to withdraw from the agreement;
    2. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
    3. in which the subject of the performance is non-prefabricated Goods, manufactured according to the specifications of the Consumer or serving to satisfy their individualised needs, adapted in accordance with the customer’s indications to the dimensions provided by them.

PROVISIONS CONCERNING ENTREPRENEURS

  1. This section of the Terms and Conditions and the provisions contained herein apply solely to Customers who are not Consumers and who are not Sole Traders Acting as Consumers.
  2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and shall not give rise to any claims on the part of a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer against the Seller.
  3. In the case of Customers who are not Consumers and who are not Sole Traders Acting as Consumers, the Seller is entitled to limit the available methods of payment, including requiring prepayment in whole or in part, irrespective of the method of payment chosen by the Customer and the fact that the Sales Agreement has been concluded.
  4. Upon the release of the Goods by the Seller to the carrier, the benefits and burdens related to the Goods, as well as the risk of accidental loss or damage to the Goods, pass to a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer. In such a case, the Seller is not liable for the loss, shortage or damage to the Goods arising from the moment of accepting them for transport until the delivery to the Customer, nor for delay in the transport of the shipment.
  5. In the event of dispatching the Goods to the Customer via a carrier, a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer is obliged to examine the shipment at the time and in the manner customary for shipments of that kind. If they find that there has been a shortage or damage to the Goods during transport, they are obliged to take all actions necessary to establish the carrier’s liability.
  6. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Goods towards a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer is excluded.
  7. The Seller’s liability towards a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer, regardless of its legal basis, is limited – both within the scope of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but no more than PLN 10,000. The Seller is liable to a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer only for typical damages foreseeable at the time of conclusion of the agreement and is not liable for lost profits towards a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer.

    Nothing in these Terms and Conditions shall limit or exclude the Seller’s liability for: (i) fraud or fraudulent misrepresentation; (ii) wilful misconduct (winę umyślną) or gross negligence; (iii) death or personal injury caused by the Seller’s negligence; or (iv) any other liability that cannot be excluded or limited under generally applicable mandatory law.

  8. Any disputes arising between the Seller and a Customer who is not a Consumer and who is not a Sole Trader Acting as Consumer shall be subject to the court having jurisdiction over the registered office of the Seller.

FINAL PROVISIONS

  1. These Terms and Conditions are available in Polish and English. The Sales Agreement may be concluded in either Polish or English, depending on the language version of the Online Store used by the Customer. In the event of any discrepancy between the Polish and English versions of these Terms and Conditions, the Polish version shall prevail.
  2. Amendments to the Terms and Conditions:
    1. The Seller reserves the right to make amendments to the Terms and Conditions for important reasons, namely: changes in legal regulations; changes in methods of payment and delivery; and changes in the scope and forms of Electronic Services provided – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
    2. In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions (e.g. provision of an Electronic Service), the amended terms and conditions shall be binding on the Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been observed, namely the Customer has been duly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. If an amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in existing ones, the Customer who is a Consumer has the right to withdraw from the agreement.
    3. In the case of agreements concluded on the basis of these Terms and Conditions of a nature other than continuous agreements (e.g. a Sales Agreement), amendments to the Terms and Conditions shall in no way infringe the rights acquired by Customers who are Consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular, amendments to the Terms and Conditions shall not affect Orders being placed or already placed, nor Sales Agreements concluded, being performed or performed.
    4. Contact with the Seller is possible:
      1. via electronic mail at the address customercare@pattmond.com;
      2. via traditional mail to the address:

        BAUND Spółka z ograniczoną odpowiedzialnością ul. Marszałkowska 58, 00-545 Warszawa.

    5. In matters not regulated in 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, the provisions of the Consumer Rights Act and other relevant provisions of generally applicable law.

      These Terms and Conditions and any Sales Agreement concluded on their basis are governed by the laws of the Republic of Poland.

      The choice of Polish law made in the preceding paragraph shall not deprive a Customer who is a Consumer of the protection afforded to them by the provisions that cannot be derogated from by agreement, by virtue of the law of the country in which the Consumer has their habitual residence, provided that the Seller pursues commercial or professional activities in that country, or by any means directs such activities to that country, in accordance with Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

      Nothing in these Terms and Conditions shall affect the mandatory rights afforded to Consumers under generally applicable laws, including in particular the Consumer Rights Act and the Civil Code, which apply notwithstanding any provision of these Terms and Conditions to the contrary.

      Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms and Conditions or any Sales Agreement to the extent such failure or delay is caused by an event of force majeure, meaning any extraordinary event beyond the reasonable control of the affected party, including in particular: acts of God, natural disasters, fires, floods, epidemics or pandemics, wars, armed conflicts, terrorist acts, riots or civil disturbances, strikes or other industrial actions, decisions of public authorities, embargoes, interruption of energy or telecommunications supply, cyberattacks, disruptions of carriers or customs authorities. The party affected by force majeure shall notify the other party without undue delay of the occurrence and expected duration of the event, and shall use reasonable efforts to mitigate its effects. This provision does not limit the consumer rights of the Customer being a Consumer or a Sole Trader Acting as Consumer arising under generally applicable mandatory laws.

      If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable in whole or in part under any applicable law, such invalidity, unlawfulness or unenforceability shall not affect the validity of the remaining provisions, which shall continue to apply to the fullest extent permitted by law. The parties shall replace any such invalid provision with a valid provision which most closely approximates the economic and legal effect intended by the original provision.

      In relations with Customers who are not Consumers and Sole Traders Acting as Consumers, these Terms and Conditions, together with the Sales Agreement and any documents expressly referred to in them, constitute the entire agreement between the parties relating to the subject matter hereof and supersede any prior agreements, representations or arrangements, whether oral or written, between the parties relating thereto. This provision does not apply to and shall not limit the rights of Customers being Consumers or Sole Traders Acting as Consumers.

TEMPLATE OF THE WITHDRAWAL FORM

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

BAUND Spółka z ograniczoną odpowiedzialnością
with its registered office at ul. Marszałkowska 58, 00-545 Warszawa
www.pattmond.com
customercare@pattmond.com

– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) contract for the supply of the following goods (*) contract for the provision of the following service (*) contract for the performance of the following work (*)

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

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is sent in paper form)

– Date

(*) Delete as appropriate.