Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

ALLBAG TOMASZ WOŹNIAK SP. K.

1. DEFINITIONS OF TERMINOLOGY USED IN THE GENERAL TERMS AND CONDITIONS OF SALE

Buyer/Customer – a Consumer or Entrepreneur or another Entity who has entered into or intends to enter into an Agreement for the purchase of the Seller's Products.

Consumer – a natural person entering into an Agreement with the Seller, the subject matter of which are the Seller's Products, not directly related to their economic or professional operations.

Entrepreneur – a natural person, a legal person, an organisational unit without legal personality, to which the law confers legal capacity, conducting economic or professional operations.

Other Entity – an entity not engaged in economic or professional operations.

GTCS – these General Terms and Conditions of Sale of ALLBAG TOMASZ WOŹNIAK Sp. k.

Online shop – the online shop available at: www.sklep.allbag.pl.

Stationary shop – the Seller's shop located at Świnna Poręba 127a,
34-106 Mucharz.

Seller – ALLBAG TOMASZ WOŹNIAK Sp.k., with its registered office
in Mucharz, address: Świnna Poręba 127a, 34-106 Mucharz, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków – Śródmieście
in Kraków, 12th Economic Division of the National Court Register, KRS: 0000839896, NIP: 5512642595, REGON: 3849476210000, with the following contact details:

• address: Świnna Poręba 127a, 34-106 Mucharz,
• e-mail address: allbag@allbag.pl

Order – an offer to purchase the Seller's Products submitted by the Buyer
in the manner specified in item III of the GTCS.

Product(s) – goods from the Seller's commercial offer, which can be purchased as specified in pt. III of GTCS.

Agreement – a sales agreement based on which the Seller undertakes to transfer the ownership of the Product to the Buyer and to deliver the Product to the Buyer, and the Buyer undertakes to collect the Product and pay the price to the Seller.

1. GENERAL PROVISIONS

1. The GTCS apply to Agreements entered into by the Seller with the Buyer:

1. via the Seller's online shop (which applies to both standard Products that do not require individual overprinting, that is personalisation, and non-standard Products, such as requiring individual overprinting,
   namely personalisation);
2. by e-mail contact with a person from the Seller's Sales Department.

1. The GTCS are available free of charge on the website of the Online Shop
   in a format enabling their downloading, saving and printing, as well as familiarisation with them prior to entering into the Agreement. Notwithstanding the above, the GTCS can be found in the e-mail footers of persons employed by or working with the Seller.
2. Before entering into a Sales Agreement through the Online Shop, the Buyer is obliged to read the GTCS and the Seller's Privacy Policy, available on the website of the Online Shop at: https://sklep.allbag.pl/policies/privacy-policy.
3. Information, including descriptions of the Products and their price marking as well as advertisements, available at the Online Shop do not constitute offers within the meaning of the Act dated 23 April 1964 – Polish Civil Code, but are only an invitation for the Buyer to place an order and enter into an Agreement.
4. The Seller assumes that the person placing an order is authorised to represent the Buyer and to enter into agreements on the Buyer's behalf.
5. Offers for the Seller's Products are available in real time, which means that Product availability is not guaranteed by the Seller.
6. It is prohibited to place orders which would result in the creation of a Product of an unlawful character, especially one infringing personal rights, copyrights or other rights of third parties, in particular:

1. popularising totalitarian regimes, symbols associated with them, inciting hatred or committing a crime;
2. promoting the use of drugs or psychoactive substances, or promotion of the abuse of alcohol;
3. with or containing vulgar content or content generally regarded as offensive;
4. containing personal data of third parties and their images without their proper authorisation (permission);
5. containing content that denigrates the Seller's or third parties' good name or reputation.

1. The Buyer bears all responsibility for any potential infringement of, for instance, intellectual property rights, personal rights and personal data of third parties used in the overprints sent to the Seller by the Customer. The Buyer represent that, in the event of disputes and claims related to or connected with the aforementioned infringements, it will indemnify the Seller against any liability on this account. 
2. The Seller reserves the right not to fulfil the order of the Products referred to in pt. 7 above. In this case, the Seller will be informed of the refusal of the order via e-mail, which is final.
3. The Seller is entitled to unilaterally introduce a maximum number of units of a specific Product covered by a single order, as well as to introduce a limitation on delivery methods or forms of payment. Any restrictions referred to in the previous sentence will be indicated each time under the Product offer available at
   the Online Shop or in the offer prepared for the Buyer in response to the Buyer's enquiry.
4. The VAT invoice as proof of purchase will be sent to the Customer by e-mail to the e-mail address provided by the Customer in the form of a pdf file (e-invoice), unless the Customer requests a paper VAT invoice. 

1. ORDER

1. Orders placed via the Online Shop for standard Products (not requiring personalisation)

1. Orders for Products can be placed via the form available in the Online Shop.
2. Making a purchase in the Online Shop does not require prior registration
   and creating an account in the Online Shop.
3. The ordering procedure, in each case, is completed with an effective click by the Buyer on the button: "I order and pay," which is equivalent to:

1. with confirmation by the Buyer that the order form has been filled in correctly;
2. except that the Buyer is aware that the fulfilment of the order involves an obligation to pay for the Product, which also includes its delivery costs.

1. By placing an order, the Buyer is placing an offer to purchase the specified Product.
2. Having placed the order, a message appears: "Confirmation No. ....... [number] Thank you ......... [Buyer's name]", and then an e-mail entitled "Order#......................[number]" is sent to the Buyer's e-mail address indicated on the form, containing the confirmation of the Buyer's offer. The confirmation referred to above is not the same as entering into the Agreement.

1.6. Orders placed as described above must include the following details:

a) full name of the Buyer placing the order;

b) Buyer's address; 

c) delivery address;

d) names and quantities of Products ordered;

e) selected method of delivery;

f) telephone number and e-mail address of the Buyer.

The aforementioned data should be provided in the order form available on the website of the Online Shop.

1.7. Subject to the provisions of clause 1.8, a sales agreement is deemed entered into if, within twenty four (24) working hours from placing the order by the Buyer, the Seller confirms the availability of the Product for sale, at the same time informing the Buyer
that the order has been accepted for fulfilment. The Seller reserves the right not to process orders that do not contain the details listed in 1.6 above. The confirmation of the availability of the Product for sale, as referred to above, is deemed to be the sending of a proof of purchase (i.e. a VAT invoice) by the Seller to the Buyer.

1.8. If, in spite of the confirmation of the availability of the Product for sale, it turns out that the Product is not available, the sales agreement is deemed not to have been concluded. In such a situation, the Seller will inform the Buyer of the lack of the Product and then cancel the order placed by the Buyer and refund the price if it has been paid by the Buyer.

1. Orders placed via the Online Shop for non-standard Products (requiring personalisation)

1. Orders can be placed using the form available at the Online Shop.
2. Making a purchase at the Online Shop does not require prior registration
   or creating an account.
3. In each case, the ordering procedure is completed with an effective click by the Buyer on the button: "I order and pay," which is equivalent to:

1. with confirmation by the Buyer that the order form has been completed correctly;
2. except that the Buyer is aware that the fulfilment of the order involves an obligation to pay for the Product, which also includes its delivery costs.

1. By placing an order, the Buyer is placing an offer

to purchase the specified Product.

1. Having placed the order, a message appears: "Confirmation No. ....... [number]

Thank you ......... [Buyer's name]", and then an e-mail entitled "Order#......................[number]" is sent to the Buyer's e-mail address indicated on the form, containing the confirmation of the Buyer's offer. The confirmation referred to above is not the same as entering into the Agreement.

1. Upon the receipt of the e-mail referred to in paragraph 2.5 above, the Buyer sends to the Seller, no later than within twenty four (24) working hours of placing the order, a file containing the personalised print content for the Product. The Buyer is responsible for the quality and content, including but not limited to spelling, stylistic and factual errors, of the text in the aforementioned file. Specifications on file format and quality are available at the following links:

a) Standard products (not requiring personalisation): https://cdn.shopify.com/s/files/1/0760/9509/5122/files/produkty_standardowe_-_przygotowanie_do_druku.pdf?v=1769586414 or

b) Non-standard products (requiring personalisation) https://cdn.shopify.com/s/files/1/0760/9509/5122/files/Produkty_niestandardowe_-_przygotowanie_do_druku.pdf?v=1769586414.

Having sent a file in a format and quality compliant with the specifications referred to above, the Seller shall, within forty eight (48) working hours of receiving the aforementioned file, prepare a visualisation design of the Product, which requires the Customer's approval. A condition for the Seller to proceed with the fulfilment of the order (entering into the Agreement) is to obtain the Customer's approval within forty eight (48) working hours of sending them the visualisation design, to which the Customer may make comments (amendments) once. Each subsequent comment (correction) will be charged extra, according to the quotation prepared by the Seller. If the Buyer does not agree to pay for the additional corrections, the Seller is entitled to cancel this order of the Seller's own accord.
In the event of non-acceptance of the visualisation design by the Customer or acceptance of the design by the Buyer beyond the aforementioned deadline, the Seller is entitled to cancel this order of the Seller's own accord.

1. The Seller stipulates that in the event that a file is missing or an incompatible file is uploaded

with the aforementioned specification, the Seller may refuse to fulfil the order or offer the Buyer to convert the file sent by the Buyer into a file compliant with the aforementioned specification for an additional fee, whose amount is determined by the Seller.

1. The Buyer has the option of ordering one (1) sample of the Product the Buyer wishes to

order from the Seller. The Buyer is obliged to pay for the aforementioned Product sample according to the Seller's individual quotation.

1. The Buyer acknowledges and agrees that the colour (including shade and gloss)

or texture of the Product may differ from the colour or texture on the visualisation design. The difference referred to above may also occur between Products with the same overprint. A difference in the colours (including shades and gloss) or texture of the Products occurs in particular in Products from various production batches. Due to the complexity of the technological processes, the Seller cannot ensure that each Product will be identical, which the Buyer acknowledges and consents to.

1. The Buyer acknowledges and agrees that the appearance of the Product

delivered to the Buyer may differ from the picture of this Product available on the website of the Online Shop as well as from the visualisation of the Product prepared by the Seller.

1. Orders placed as described above must include the following details:

1. full name of the Buyer placing the order;
2. Buyer's address;
3. delivery address;
4. names and quantities of Products ordered;
5. selected method of delivery;
6. telephone number and e-mail address of the Buyer.

1. The Agreement is deemed entered into upon creation and acceptance by

Customer, who accepts the method of payment for the Product ordered.

1. Orders placed by contacting a person from the Seller's Sales Department

3.1. Orders can be placed by contacting the Seller's Sales Department via e-mail. For this purpose, the Buyer can ask a person from the Seller's Sales Department via e-mail to prepare an offer for the Buyer.

3.2. Upon the receipt of an enquiry, the Seller prepares an offer for the Buyer, which is valid for a period of thirty (30) days from the date it is sent to the Buyer. The Agreement is entered into when the Buyer accepts the offer, whereby any e-mail from the Buyer (regardless of its content) confirming the acceptance of the offer is deemed the acceptance of the offer.

3.3. If, after the Buyer has accepted the offer, it turns out that the Product to which the offer is related is not available, the Seller will inform the Buyer of this fact and present them with proposals for remedying the situation. The Seller stipulates that if no agreement is reached with the Buyer, the offer will cease to apply.

3.4. Once the Buyer has accepted the offer and its terms, the Buyer provides the Seller with the following details:

1. a)Buyer's name;
2. b)delivery address;
3. c)names, quantities and specifications of the Products;
4. d)selected method of delivery;
5. telephone number and e-mail address of the Buyer.
6. VAT invoice details – if the Buyer expects a VAT invoice to be issued.

3.5. The fulfilment deadline indicated in the offer is indicative. The Seller provides for the option to change the fulfilment time by up to four (4) weeks, which may be due to, for instance, a lack of raw materials or semi-finished products necessary for production.

3.6. The offer sent to the Buyer refers to the real-time availability of the Product, which means that the Seller does not guarantee the availability of the Products. If the Product is unavailable, the Seller informs the Buyer of the fact and presents the Buyer with proposals for remedying the situation. The Seller stipulates that if no agreement is reached with the Buyer, the offer will cease to apply.

3.7. The Buyer has the option of ordering one (1) sample of the Product the Buyer wishes to order from the Seller. The Buyer is obliged to pay for the aforementioned Product sample according to the Seller's individual quotation.

3.8. The Buyer acknowledges and agrees that the colour (including shade and gloss) or texture of the Product may differ from the colour or texture on the visualisation design. The difference referred to above may also occur between Products with the same print. A difference in the colours (including shades and gloss) or texture of the Products occurs in particular in Products from different production batches. Due to the complexity of the technological processes, the Seller cannot ensure that each Product will be identical, which the Buyer acknowledges and agrees to.

3.9. The Buyer acknowledges and agrees that the appearance of the Product delivered to the Buyer may differ from the picture of this Product available on the website of the Online Shop as well as from the visualisation of the Product prepared by the Seller.

3.10. The condition for commencing the fulfilment of an order by the Seller is booking the price indicated in the offer and accepted by the Purchaser in their bank account, unless other conditions for the payment of the price have been established in the offer (e.g. proforma, deferred payment, cash on delivery or payment on delivery; possible forms of payment are described in section 5 below).

1. ORDER FULFILMENT

1. Orders are fulfilled by the Seller in accordance with the production plan.
2. In the case of orders for standard Products (not requiring personalisation) placed via the Online Shop, information on the approximate fulfilment time is provided under the offer. The actual fulfilment time of the order is decided by the Seller according to their production plan.

 

1. In the case of orders for non - standard Products (requiring personalisation) placed via the Online Shop, information
   on the approximate fulfilment time is provided under the offer. The actual fulfilment time of the order is decided by the Seller according to their production plan.

 

1. PRICES AND PAYMENTS FOR ORDERS AT THE ONLINE SHOP

1. The prices of the Products are specified in Polish zloty (PLN) and are gross prices. The prices of the Products listed at the Online Shop do not include delivery costs. Delivery costs depend on the selected delivery method, the payment method
   and the size of the shipment. The total cost of the order including delivery costs will be communicated to the Buyer before final confirmation of the Buyer's order.
2. The Buyer can choose one of the following payment methods:

1. via the online payment service of PayPro S.A. – Przelewy24;
2. by credit card (Maestro, Master Card, Visa, Discover, American Express);
3. Klarna;
4. BLIK;
5. traditional wire transfer;
6. payment on delivery – the price is paid to the courier delivering the ordered Products;
7. payment on delivery – the price is paid on the collection of the ordered Products at the Stationary Shop.

1. Transactions where payment is made via Przelewy24 online payment service are settled via the website belonging to PayPro Spółka Akcyjna, with its registered office in Poznań, address: ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda, 8th Economic Division of the National Court Register under KRS: 0000347935, NIP: 7792369887, REGON: 301345068, entered in the register of national payment institutions maintained by the Polish Financial Supervision Authority under the entity number in UKNF IP24/2014, as a national payment institution.
2. Deferred and instalment payments made through the Klarna payment method are handled by Klarna Bank AB (publ), Stockholm, address: Sveavägen 46, 111 34 Stockholm, Sweden, listed in the register of entities supervised by the Swedish Financial Supervisory Authority Finansinspektionen. Klarna Bank AB (publ) operates in Poland under an EU banking licence and provides payment services in accordance with the terms and conditions specified in the regulations available at https://www.klarna.com. The Seller is not a party to the credit or deferred payment agreement entered into by the Customer with Klarna Bank AB (publ).
3. Transactions made with the BLIK payment method are  settled  through the BLIK mobile payment system operated by Polski Standard Płatności Sp. z o.o., with its registered office in Warsaw, address:
   ul. Czerniakowska 87A, 00-718 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000490301, NIP: 5213664494, REGON: 147036480. The BLIK payment service is provided to the Customer by the bank in which the Customer has a bank account or a mobile application enabling the use of BLIK. The Seller is not a provider of payment services via BLIK.
4. The refund of the price in the event of withdrawal from the Agreement or cancellation of the order will be made to the same bank account number from which the Buyer paid the price. In the case of cash on delivery or payment on delivery, the price will be refunded to the bank account number indicated by the Buyer. 
   

1. DELIVERY
   

1. The Seller delivers the Products within the territory of the Republic of Poland, unless the Seller, with regard to specific Products, allows delivery outside the aforementioned territory. Information about the option of delivery outside the Republic of Poland is visible on the website of the Online Shop. If the Purchaser intends to purchase Products with delivery outside the territory of the Republic of Poland not specified on the website of the Online Shop, the Purchaser, before placing the order, should agree with an employee of the Seller's Sales Department the options of such a delivery. The Seller reserves the right to refuse to accept and fulfil an order for Products with delivery outside the Republic of Poland.
2. Delivery is fulfilled from Monday to Friday, except for public holidays.
3. Products ordered by the Buyer are delivered in one of the following ways:

1. via GLS courier;
2. via the Polish Post;
3. via the InPost parcel locker.

1. The Buyer chooses one of the methods of delivery specified in pt. 6.3 above by selecting the appropriate item on the order form and, in the case of orders placed by e-mail contact with a person from the Seller's Sales Department, the method of delivery is specified in the offer or after the Buyer accepts the offer. 
2. The actual costs of the delivery method selected by the Buyer are indicated on the order form, which is available in the Online Shop. The same costs apply to orders placed by e-mail contact with a person from the Seller's Sales Department.   
3. The Products ordered by the Buyer may also be collected in the Stationary Shop from 7.30 am to 2.00 pm (Monday-Friday), whereby it is necessary for the Buyer to make prior arrangements with the Seller for the Products to be collected.
   In order to collect the Products in the Stationary Shop, it is necessary to provide the order number. If the order number is not provided, the Seller is entitled to refuse to issue the Products.
4. The Seller is not liable for any non-delivery or delay in delivery of the Products as a result of incorrect or inaccurate data provided by the Buyer, including, in particular, an incorrect or inaccurate address or an incorrect or inaccurate e-mail address.
5. Any complaints related to the delivery of the Products must be made directly to the carrier.
6. In the event of a delay by the Buyer in taking delivery of the Products, the Buyer will be obliged to refund to the Seller all costs related thereto, including additional costs related to, for instance, transport or subsequent delivery attempts, costs for storage of the Products, costs for handling the Products which are unilaterally determined by the Seller, etc. In addition, the Seller will be entitled to withhold any further deliveries or production of the Products in accordance with the respective or any other Agreement entered into with the Buyer, as well as to unilaterally change the dates of such deliveries.
7. If the Buyer's delay in taking delivery of the Products exceeds seven (7) days from the date indicated by the Seller, the Seller may withdraw from the Agreement.
   

1. RIGHT OF WITHDRAWAL AVAILABLE ONLY TO THE CONSUMER

1. The Consumer purchasing a product from the Online Shop or by e-mail contact with a person from the Seller's Sales Department has the option to withdraw from the Agreement entered into with the Seller within fourteen (14) days from the date of delivery of the Product or its personal collection, without incurring costs other than the direct costs of return.
2. The right of withdrawal from the Agreement may be exercised by submitting an appropriate declaration in writing, whereby, in order to meet the deadline indicated in pt. 1 above, it is sufficient to send the declaration before its expiry to the Seller's postal address. The declaration of withdrawal may be made using the form attached as Annex 1 to the GTCS.
3. In the event that the right of withdrawal is exercised, the Seller will refund the price to the Consumer within fourteen (14) days of receiving the Consumer's declaration of withdrawal from the Agreement, using the same means of payment used by the Consumer paying the price, which does not involve any costs for the Consumer. This does not apply to cash on delivery or payment on delivery. If the Consumer has chosen to pay by cash on delivery or on collection at the Stationary Shop – the price will be refunded, with the Consumer's agreement and depending on the Consumer's choice, to the bank account indicated by the Consumer.
4. The return of the Products must be reported to the Seller:

1. by means of a form available in the footer of the Online Shop page or;
2. via the convenient returns platform or;
3. by contacting the Seller's customer service via e-mail or;
4. in the Customer/order panel by clicking on "return request."

1. The Seller may withhold the refund of the payment received from the Consumer until the Seller has received the Products from the Consumer or the Consumer has provided evidence of their return to the Seller, whichever event occurs first.
2. The Consumer bears the direct costs of returning the Product.
3. The Consumer is liable for any impairment of the value of the Product resulting from the use of the Product other than what was necessary to establish the nature, characteristics and functioning of the Product.
4. The right of withdrawal does not apply to the Consumer in the cases specified in Article 38 of the Polish Consumer Rights Act of 30 May 2014, and in particular when:

1. A Product is a non-prefabricated item manufactured to the Buyer's specifications or serving to meet the Buyer's individualised needs (e.g. a bag personalised by the Buyer);
2. A Product is a perishable good or one with a short shelf life;
3. A Product is a good delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened post delivery;
4. Products are such goods which, once delivered, by their very nature, become inseparable from other goods.
   

1. CONSUMER COMPLAINTS

1. Any Product purchased from the Online Shop or by e-mail contact with a person from the Seller's Sales Department may be complained about if the Consumer finds that it is not in conformity with the Agreement, if this non-conformity becomes apparent within two (2) years of its issue to the Consumer.
2. The Seller is liable to Consumers under the terms and conditions of the Polish Act of 30 May 2014 on Consumer Rights, in particular in accordance with the provisions of Chapter 5a thereof.   
3. The provisions of this chapter apply accordingly to the Entrepreneur on the rights of the consumer, pursuant to Article 7aa of the Polish Act of 30 May 2014 on Consumer Rights.
4. Complaints may be submitted in writing or by e-mail to the Seller's addresses indicated in Chapter I. GTCS.
5. In order to streamline the complaint process, the complaint should include at least:

1. Buyer's name;
2. contact details (correspondence address or e-mail address);
3. description of such objections as may be raised;
4. photograph of the defective Product;
5. information about the consumer's preferred method of responding to the complaint (by e-mail or post);
6. indication of the proposed resolution of the complaint.

1. If the verification of the defect requires a physical examination of the Product, the Seller will inform the Consumer and ask them to return the Product. In this case, the advertised Product should be sent back to the Seller's address. The Buyer bears the costs of returning the Product. The Seller refunds reasonable costs incurred by the Consumer for returning the Product having resolved the complaint successfully, on the basis of the proof provided (e.g. copy or scan of the proof of postage).
2. Within fourteen (14) days of the complaint, the Seller will respond to the complaint and notify the Consumer of the further course of action. In the event that the complaint does not contain the information necessary to consider the complaint, the Seller will ask the complainant to complete the complaint to the extent necessary. In that case, the period of fourteen (14) days will be counted from the date of delivery of the completed complaint.
3. The Seller will endeavour to deal with complaints without undue delay.
4. A response to the complaint will be sent to the postal address or e-mail address of the person making the complaint, depending on the Consumer's choice.
5. If the Product is not in conformity with the Agreement, the Consumer may in the first instance request repair or replacement.
6. The Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the Product into conformity with the Agreement in the manner selected by the Consumer is impossible or would require excessive costs for the Seller.
7. The Consumer may make a declaration to reduce the price or withdraw from the Agreement, when:

1. The Seller refused to bring the Product into conformity with the Agreement in accordance with Article 43d(2) of the Polish Consumer Rights Act of 30 May 2014 ;
2. The Seller has not brought the Product into conformity with the Agreement in accordance with Article 43d(4)-(6) of the Polish Act of 30 May 2014 on Consumer Rights;
3. the lack of conformity of the Product with the Agreement continues even though the Seller has tried to bring the Product into conformity with the Agreement;
4. the lack of conformity of the Product with the Agreement is significant enough to justify a reduction in price or withdrawal from the Agreement without first resorting to the means of protection specified in Article 43d of the Polish Consumer Rights Act of 30 May 2014 ;
5. it is clear from the Seller's statement or the circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without undue inconvenience for the Consumer.

1. In the case of a price reduction declaration, the Seller shall immediately refund the Consumer the amounts due, no later than within fourteen (14) days of the receipt of the Consumer's price reduction declaration.
2. In the event of withdrawal from the Sales Agreement, the Consumer immediately returns the Product to the Seller at the Seller's expense. The Seller refunds the price to the Consumer immediately, but no later than within fourteen (14) days of receipt of the Goods or the proof of their return.
3. If the complaint is not accepted (is rejected), the Complained Product will be sent back to the Consumer at the Seller's expense to the correspondence address given in the complaint.
4. Once the complaint procedure has been exhausted, the Consumer has the right to pursue unsuccessful claims in a court of general jurisdiction according to the rules of civil procedure.
5. The Consumer may make use of out-of-court ways of dealing with complaints and claims as referred to in the Polish Law of 23 September 2016 on out-of-court settlement of consumer disputes. The use of out-of-court complaint and redress procedures is voluntary and subject to the agreement of both parties to the Sales Agreement.
6. Additional information on out-of-court complaint and redress procedures can be found on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.

1. NON-CONSUMER COMPLAINTS

1. In the case of Agreements entered into with an Entrepreneur/Other Entity, pursuant to Article 558 § 1 of the Polish Act of 23 April 1964 – Polish Civil Code, the Seller's liability under warranty is limited in such a way that:

1. The Seller is liable under the warranty if the defect is discovered before the expiry of six (6) months from the date of delivery of the Product to the Entrepreneur/Other Entity or from the date of its collection from the Stationary Store; after the expiry of the aforementioned period, the Seller is not liable for any defects in the Product and the Entrepreneur/Other Entity loses the right to lodge a complaint;
2. The Entrepreneur/Other Entity undertakes to carefully examine the Product immediately upon its receipt, and in particular undertakes to check the conformity of the quantity and type of the Product with the order, as well as to check the condition of the consignment, in particular its packaging, and in the event of discovering any irregularities, they, no later than within three (3) working days from the date of their discovery, notify the Seller of the defects they have noticed, sending a written complaint or e-mail to the Seller's addresses indicated in Chapter I. GTCS, under the pain of losing the rights under warranty;
3. in the case of latent quality defects, which the Entrepreneur/Other Entity could not detect in spite of the careful examination of the Product upon receipt, the complaint should be made within three (3) working days of their discovery;
4. the complaint must include:

1. the full name and business name of the Entrepreneur and, in the case of another Entity – its name;
1. contact details (correspondence address or e-mail address);
2. description of the objections raised, a photograph of the defective Product;
3. indication of the proposed resolution of the complaint.

- with the stipulation that failure to comply with the aforementioned formal complaint requirements will result in the loss of warranty rights;

1. if the verification of the defect requires a physical inspection of the Product, the Seller will inform the Entrepreneur/Other Entity and ask them to send it back; in such a case, the Entrepreneur/Other Entity is obliged to deliver the Product under complaint to the Seller at their own cost in order to exercise their warranty rights;
2. The Entrepreneur/Other Entity is not entitled to withdraw from the Sales Agreement or to claim a price reduction due to a defect in the Product.

1. In the event of a justified complaint, the Seller, at its discretion, will either remedy the defects or replace the Product with a defect-free one. In this case, further claims of the Entrepreneur/Other Entity for defects, including the right to demand a price reduction and to withdraw from the Agreement, are excluded.
2. The Seller has the right to withhold from the Buyer who is not a Consumer the fulfilment of their warranty claims until the Entrepreneur/Other Entity has paid all outstanding liabilities to the Seller.
3. The Seller is not liable for any indirect damage, lost profits or other losses incurred by the Entrepreneur/Other Entity due to defects in the Product.
4. The submission of a complaint by the Entrepreneur/Other Entity is possible only under the aforementioned rules, and any further rights of the Buyers under the provisions of Articles 556-576 of the Polish Act of 23 April 1964 – Civil Code are excluded to the extent permitted by law.

1. INTELLECTUAL PROPERTY RIGHTS

1. Products or their elements as well as designs available in the Online Shop are protected as works within the meaning of the Polish Act on Copyright and Related Rights of 4 February 1994 or protected by other exclusive rights vested in the Seller or third parties. The use of the products, their components or designs without the permission of the authorised person or authorisation is prohibited.
2. All names and descriptions of Products and logos of respective brands are used for identification purposes and may be protected under the provisions of the Polish Act of 30 June 2000 – Industrial Property Law.

1. FORCE MAJEURE

1. The Seller is not responsible for delays in order fulfilment caused by force majeure.
2. Force majeure is to be understood as an event or events of an extraordinary nature, external and reasonably impossible to foresee
   and prevent by either Party.
3. Force majeure is considered to be in particular such events as:

1. natural disaster (including, but not limited to, lightning, fire, landslide, flooding);
2. war, declared or undeclared hostilities, terrorist acts, invasion, sabotage or embargo;
3. public disorder such as: riots, disturbances, strikes;
4. explosions, including ammunition, explosives, flammable agents;
5. epidemics, pandemics or counter-measures taken by the state authorities to prevent an epidemic or pandemic or other extraordinary measures taken by the state authorities related to the situation in a specific area of the country which prevent the proper fulfilment of the order;
6. power cuts;
7. breakdowns of machinery or equipment, printing and other systems.

1. PERSONAL DATA

Detailed information on personal data processing in connection
with the Agreement is regulated in the Privacy Policy, available at the following link: https://sklep.allbag.pl/policies/privacy-policy.

1. FINAL PROVISIONS

1. In matters not regulated in the GTCS, the provisions of Polish law apply accordingly.
2. The Seller reserves the right to amend the GTCS, in particular changes to the law. To Agreements entered into prior to the amendment of the GTCS, the GTCS in the version in force at the time of entering into the Agreement apply accordingly. In particular, orders placed prior to the entry into force of the amendment to the GTCS are implemented in accordance with the provisions of the GTCS in force at the time the order was placed.
3. The settlement of any disputes arising between the Seller
   and the Customer will be submitted to the court having jurisdiction over the Seller's registered office.
   In the case of disputes with the Consumer, the jurisdiction of the court is determined by the provisions of generally applicable law.
4. The use of the Online Shop is free of charge for the Buyer.
5. Annex 1, referred to in the GTCS, is an integral part thereof.

Annex 1: Form – Declaration of withdrawal from an off-premises or distance agreement.

Consumer data:

Full name:
E-mail address:
Mailing address:
Telephone:

ALLBAG Tomasz Woźniak Sp.k.

Świnna Poręba 127a

34-106 Mucharz

 

Declaration of withdrawal

entered into away from business premises or at a distance

Pursuant to Article 27 of the Polish Consumer Rights Act dated 30 May 2014, I would like to withdraw from the agreement entered into on ........................................ (date of entering into the agreement); order number: ...................................................................... without having to specify a reason.            

I will return the products in accordance with the General Terms and Conditions of Sale.

The returned Product is:

No.	Product name	Number of pieces

Do return the price to the following bank account number:

……………………………...... ……………………......………………

(date) (legible signature of the Consumer)