Statute

REGULATIONS OF THE B2B PLATFORM – ZABAWKARSTWO Wojciech Bączek

§1 General provisions

1. These Regulations define the rules for the Seller's provision of electronic services, consisting in providing the Customer with a system at www.baczek.pl  in order to order goods from the Seller via the Internet in accordance with the Seller's commercial offer.
2. Contact details:

                        B2B Platform ZABAWKARSTWO Wojciech Bączek
                        Gdańska 80 street 
                        07-100 Węgrów
                        Poland 
                        Vat UE :  PL 824-000-47-92
                        REGON: 710061733 

                        E-mail address: biuro@baczek.pl
                        B2B telephone number: (25) 792-31-98 (Customer Service Office opening hours: 8:00-16:00)

3. These Regulations define the rules for using the B2B Platform (hereinafter also referred to as the "Store"), the rules and procedure for concluding Sales Agreements, the rules for complaint proceedings, and the rules for viewing accounting documents regarding completed transactions.
4. Only an entrepreneur within the meaning of Art. 431 of the Civil Code, i.e. a natural person, a legal person and an organizational unit referred to in Art. 331 § 1, conducting business or professional activity on its own behalf, who places orders via the B2B Platform (hereinafter referred to as the "User" or "Customer").
5. Each Customer is obliged to comply with the provisions of the Regulations from the moment of taking steps to use the services offered by the B2B Platform.

§2 Definitions

1. Seller - means ZABAWKARSTWO Wojciech Bączek with its registered office in Węgrów, at Gdańska 80 street , 07-100 Węgrów, NIP: 824-000-47-92, REGON: 710061733, which is also the owner of the B2B Platform Zabawkarstwo Wojciech Bączek.
2. Customer - an entity that is not a consumer, concluding an agreement with the Seller directly related to its business activity, which, as part of commercial cooperation with the Seller, purchases Products on the terms specified in the Terms of Cooperation of the Parties.
3. Parties - this should be understood as the Seller and the Customer.
4. Terms of Cooperation of the Parties - this should be understood as the principles governing the commercial cooperation of the Parties, including in particular the general terms of cooperation made available by the Seller at www.baczek.pl , including the principles of delivering goods, the principles of complaints, the principles of returning goods, and payment methods.
5. Registration – means an actual action performed in the manner specified in these Regulations, required for the Customer to use all B2B functionalities.
6. Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller.
7. Cart - an element of the B2B Platform software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
8. Login - the Customer's e-mail address provided when the Customer created the Account.
9. Password – a string of letters, digits or other characters selected by the Customer when creating an account in the Store.
10. B2B Platform Website - the website under which the Seller runs the B2B Platform, operating in the baczek.pl domain.
11. Goods - any product presented by the Seller, to be delivered by the Seller to the Buyer after concluding the Sales Agreement.
12. Sales Agreement - a distance agreement concluded between the Seller and the Buyer on the terms specified in the Regulations.
13. Working days - days of the week from Monday to Friday, excluding statutory holidays.
14. Delivery - the actual act of delivering the purchased Goods to the Buyer by the Seller.
15. Supplier - a courier company with which the Seller cooperates in the delivery of Goods.

§3 Rules for using the B2B Platform

1. All rights to the B2B Platform, including economic copyrights, intellectual property rights to its name, internet domain, B2B Platform Website and patterns, forms, logos posted on the B2B Platform Website (except for logos and photos presented on the B2B Platform Website). for the purposes of presenting goods to which the copyright belongs to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. In order to ensure the security of messages and data transmitted on the B2B Platform, the Seller will take technical and organizational measures appropriate to the level of threat, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent via the Internet. ZABAWKARSTWO Wojciech Bączek ensures the security of data transmission transmitted in the Online Store by using the SSL (Secure Socket Layer) protocol.
3. To use the B2B Platform, including browsing the store's assortment and placing orders for products, it is necessary:

                       *computer, laptop or other multimedia device with access to the Internet
                       *access to e-mail
                       *Internet browser: Chrome/Firefox/Safari/Edge in the current version
                       *enabling cookies and Javascript support in the web browser

4. The Customer is obliged to use the B2B Platform in a manner consistent with applicable law and good practices, taking into account the respect for personal rights and the availability of copyrights, intellectual property and third parties. The Customer is obliged to refrain from any activity that could affect the proper functioning of the B2B Platform, in particular from any interference with the content of the B2B Platform. The Customer is prohibited from providing illegal content.
5. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the B2B Platform caused by force majeure, unauthorized action of third parties or incompatibility of the B2B Platform with the Customer's technical infrastructure.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus programs and programs that protect the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.

§4 Registration

1. Registration is necessary to place an order on the B2B Platform.
2. Registration is free of charge.
3. In order to register, complete the registration form at: https://baczek.pl/registration?b2b=1. The completed form should be sent electronically to the Seller by selecting the appropriate function in the registration form.  Confirmation of the Registration of an inactive Account will be sent to the e-mail address provided in the registration form.
4. Submitting the completed registration form is tantamount to:

1. reading, acknowledging and accepting the Regulations,
2. concluding an agreement for the provision of services by the Seller in the form of maintaining a Customer Account,
3. authorizing the Seller to process the Customer's personal data contained in the registration form in order to provide the service of maintaining the Customer Account and for statistical purposes, and consenting to the Seller transmitting information related to the technical operation of the Account to the e-mail address provided by the Customer during Registration.

5. During Registration, the Customer may voluntarily consent to the processing of his or her personal data for marketing purposes by checking the appropriate box in the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of this data.  This consent does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the Customer Account Management service. Consent may be withdrawn at any time by submitting an appropriate declaration by the Customer to the Seller. The statement may, for example, be sent to the Seller's e-mail address.
6. Consent to the processing of personal data for marketing purposes means, in particular, consent to receiving commercial information from the reseller or advertisers cooperating with the Seller to the e-mail address provided in the Registration form.
7. The Customer is obliged to make every effort to maintain confidentiality and make the password available to third parties. The customer should treat the password as a trade secret. If there are circumstances indicating that the password is in the possession of an unauthorized person, the Customer is obliged to immediately inform the Seller about it, using available means of communication. In such a case, the Customer will receive a new password.
8. The Seller is not responsible for the Customer making his account available to third parties. The Customer declares that if he makes his Personal Account available to a third party, he is fully responsible for the actions taken by that person, in particular for the orders placed.
9. The customer has the right to terminate the contract for the provision of electronic services by ZABAWKARSTWO Wojciech Bączek at any time, without incurring any costs and without giving a reason. The contract can be terminated by sending an appropriate declaration to the e-mail address: biuro@baczek.pl , to the e-mail address of the sales representative assigned to the Customer or in writing to the address indicated in § 1 point. 2 of these Regulations. In such a case, the contract expires immediately after receiving the notification.
10. Termination of the contract does not result in the loss of already acquired rights by the Customer using the B2B Platform and does not release him from his obligations.

§5 Orders

1. The information available on the B2B Platform Website constitutes only an invitation to conclude a contract within the meaning of Art. 71 of the Act of April 23, 1964, Civil Code (uniform text, Journal of Laws of 2014, item 121, as amended).
2. The Customer may place orders in the Online Store via the B2B Platform Website 7 days a week, 24 hours a day.
3. The Customer placing an order via the B2B Platform Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the B2B Platform Website. After completing the entire order and indicating the Delivery method and payment method in the "CART", the Customer places the order by sending the order form to the Seller by selecting the "ORDER" button on the B2B Platform Website.  Each time before the order is shipped to the Seller, the Customer is informed about the total price for the selected Goods and Delivery (delivery excluding "special" delivery).
4. If the Customer has the option and selects "special delivery" or "to be determined", the cost of delivery of the ordered Goods will be presented to the Customer after the order is submitted for processing.
5. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
6. After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.
7. Based on the placed order, the Seller verifies the availability of the Goods ordered by the Customer on the B2B Platform.
8. If the Goods ordered on the B2B Platform are missing or the Customer's order cannot be fulfilled for other reasons, including when the purchase of Goods from the Seller's suppliers will not be possible within the time scheduled for the execution of the order, the Seller will inform the Customer by e-mail or telephone about the circumstances.
9. If it turns out to be impossible to complete the order, the Seller may propose:

1. canceling the entire order (selecting this option by the Customer releases the Seller from the obligation to complete the order,
2. canceling the order in the part in which its implementation is not possible within a reasonable time (selection of this option by the Customer releases the Seller from the obligation to complete the order to the extent it is not possible)
3. dividing the order and specifying the deadline for the execution of the order in the part that is not initially possible (selecting this option by the Customer means that the Delivery will be made in separate shipments, and the Customer will not incur additional delivery costs related to the division of the order).

10. If the ordered Goods are missing or the Customer's order cannot be fulfilled for other reasons, in particular if the Seller is unable to obtain the ordered Goods within a reasonable time, he may withdraw from the sales contract within 30 (thirty) days from the date of its conclusion.
11. Then, after confirming the order, the Seller sends information about the acceptance of the order for processing to the e-mail address provided by the Customer. Information about acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §5 section 5 and upon its receipt by the Customer, a Sales Agreement is concluded.

§6 Product prices and available payment methods

1. Prices on the B2B Platform Website listed for a given Goods :

1. are net prices (excluding VAT) and are expressed in Polish zlotys / EURO  
2. they do not contain information on delivery costs, about which the Customer will be informed after placing the order.

2. The final price binding the parties to the sales contract is the price of the Goods included on the B2B Platform Website at the time of placing the order by the Customer.  It does not change regardless of price changes on the B2B Platform, which may appear in relation to individual goods after the Customer places an Order.
3. The price, payment deadline, granting of a discount and its amount are determined individually by the Customer with the sales representative assigned to the Customer, before placing the order.
4. For the performance of the sales contract, the Customer is obliged to pay the price of the ordered goods indicated in the order.
5. The cost of transport/delivery will be given when placing the order or in the case of "special" or "to be determined" shipping, the cost of transport will be given after completing the order.
6. The Customer makes payment for the ordered Goods after receiving the VAT invoice within the deadline specified on the invoice, by bank transfer to the Seller's bank account. The Seller provides a VAT invoice with the Delivery of the ordered Goods.
7. A VAT invoice covering the delivered order items is attached to the order.
8. The customer can choose the following payment methods:

1. On delivery - payment in cash to the courier upon delivery. The order is processed after confirmation of order acceptance
2. Prepayment to a bank account - after placing the order, the Customer receives by e-mail the bank account number to which payment for the order should be made. Once the payment is received, the order is processed
3. Online transfer – payment method via the PayU S.A. system. or Przelewy24 The order is accepted for processing upon confirmation of payment by PayU S.A.
4. Deferred payment - the Customer makes payment for the ordered Goods after receiving the VAT invoice within the deadline indicated on the invoice by bank transfer to the Seller's bank account
5. Cash – The customer pays in cash during delivery or personal collection

§7 Delivery

1. Deliveries are carried out in the territory of the Republic of Poland.
2. Deliveries are made via courier companies cooperating with ZABAWKARSTWO Wojciech Bączek, using our own transport or based on another delivery option agreed each time with the Customer's sales representative before placing the order.
3. The Seller sends the Customer information by phone or e-mail when the Customer receives the Goods.
4. The Seller's obligation is to deliver the goods to the specified destination indicated in the order and place them at the Buyer's disposal for unloading.
5. The Customer should examine the delivered shipment at the time and in the manner accepted for shipments of a given type, in the presence of the Supplier's employee. If the Customer notices damage to the shipment, he or she should write down a damage report in the presence of the Courier and hand it over to the Seller.
6. The Customer has the right to request the Supplier's employee to prepare an appropriate report in the event of any loss, damage or deficiencies.
7. The Seller does not process orders on public holidays or public holidays, and reserves the right to designate additional store closing days. It will not be possible to book delivery dates on these days.
8. In the event of the Customer's absence at the address indicated by him, the Courier will leave a notice or attempt to contact him in order to arrange a date for the Customer to collect the parcel. If the ordered Goods are returned to the Seller by the Supplier, the Seller will attempt to contact the Customer and arrange the re-shipment of the Goods and the cost of Delivery.

§8  Complaint procedure

1. All Goods available on the B2B Platform are brand new, free from manufacturing and legal defects.
2. The buyer has the right to file a complaint under the warranty if the purchased goods have a physical or legal defect under the terms set out in these regulations. The rules for submitting and examining complaints are supplemented by the provisions of Art. 556 et seq. of the Civil Code.
3. Complaints under the warranty may be submitted by the Customer:

1. in electronic form by sending an e-mail or a completed Complaint Form (available in the Complaints tab) to the following address: biuro@baczek.pl
2. by phone at: (25) 792-31-98
3. in writing to the following address:
   ZABAWKASRTWO  Wojciech Bączek
   Gdańska 80 street  
   07-100 Węgrów

4. It is advisable that the complaint contains the following information:  
   company name
   Address
   e-mail adress
   date of purchase
   FV no
   subject of the complaint
   indication of the Client's request
   circumstances justifying complaints
5. When filing a complaint, the Customer should deliver the defective Goods in order to examine the item and take a position on the validity of the submitted request.
6. The Seller shall consider the warranty complaint without undue delay, but no later than within 14 calendar days from the date of its submission by the Buyer, and notify the Buyer of the method of resolving the warranty complaint.
7. If the complaint is considered in favor of the Customer, the Seller will repair or replace the Customer with the complained product with a full-value one or, if replacement is not possible, refund the amount due for the complained product within 14 (fourteen) days from the date of considering the complaint.
8. The warranty expires if the goods were used contrary to the operating instructions or intended use. If a physical defect of the purchased goods is found, the Buyer is not entitled to make independent repairs under pain of losing warranty rights.
9. The goods sold by the Seller may be covered by a warranty granted by the relevant manufacturer or distributor. The Seller provides a warranty for the products it produces.
10. In the case of Goods covered by the distributor's or manufacturer's warranty, the Customer may complain about a product with defects:
11. using the rights arising from the granted warranty
12. in such circumstances, the Customer is obliged to submit a complaint directly to the guarantor, the Seller is only an intermediary transmitting the submitted complaint
13. using the rights of the Customer towards the Seller in connection with the warranty.

§9 Withdrawal from the contract

1. Each Party may terminate the contract for the provision of electronic services at any time and without giving reasons, provided that the rights acquired by the other Party before the above-mentioned termination are preserved   agreement and provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by submitting a request to delete the Seller's Account using any means of remote communication enabling the Seller to become familiar with the Customer's declaration of will, and the termination of the contract takes place after the expiry of the notice period of 7 (seven) days.
3. Termination of the contract does not release the Customer from fulfilling its obligations towards the Seller, if any exist on the date of termination of the contract.
4. The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.

§10 Personal Data Protection

1. The Personal Data Protection Principles are included in the Privacy Policy.

§11  Use of cookies

1. The rules for the use of cookies are included in the Cookie Policy.

§12 Final provisions

1. The regulations are available at: www.baczek.pl and are valid from the date of publication on the B2B Platform Website and replace the previously applicable regulations of the B2B Platform.
2. The customer can read and download the content of the regulations to their Device (here) and print the document.
3. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 7 (seven) days from the date of being informed about the change in the Regulations. Lack of acceptance results in termination of the contract in accordance with the provisions of § 9.
4. All orders accepted by the Store for execution before the date of amendment of the Regulations are processed on the basis of the regulations that were in force on the day the order was placed by the Customer.
5. If any part of the Regulations turns out to be invalid or ineffective under the provisions of applicable law, this part should be interpreted in such a way that it is consistent with applicable law and reflects as closely as possible the intentions of a given provision. The remaining portions of the Terms and Conditions remain in full force and effect.
6. If a dispute arises under the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to resolving any disputes arising under these Regulations is Polish law.
7. In matters not regulated in these regulations, the provisions of Polish law shall apply, in particular the Civil Code and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement such data and repealing Directive 95/46/EC, referred to in the Regulations as "GDPR".
8. All disputes related to the services provided by ZABAWKARSTWO Wojciech Bączek as part of the B2B Platform will be resolved by common courts having jurisdiction over the Seller's registered office.