Terms and conditions of sale

BE PARTNERS Internet Sales Regulations

 

TABLE OF CONTENTS

1. Definitions
2. Contact with the seller
3. Technical requirements
4. Shopping
5. Payments
6. Order processing
7. Right of withdrawal
8. Exceptions to the right of withdrawal
9. Complaints
10. Personal data
11. Reservations

 

1. DEFINITIONS

Working days - days from Monday to Friday with the exception of public holidays.

Account - a free-of-charge function of the Store (service provided electronically) regulated by separate regulations, thanks to which the Buyer may set up his individual Account in the Store.

Consumer - A consumer within the meaning of the Civil Code.

Buyer - any entity purchasing from the Shop.

Rules of Procedure - these Rules of Procedure.

Shop - the online shop operated by the Seller at www.bepartners.pl.

Vendor - BE PARTNERS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered office in 55-003 Krzyków, 13 Lubczykowa Street, NIP: 896 161 1973, REGON: 521520621, KRS: 0000960468.

CONTACT WITH THE SELLER

Postal address: 55-003 Krzyków, ul. Lubczykowa 13

Email address: Contact@bepartners.pl 

2. TECHNICAL REQUIREMENTS

1. For the proper functioning of the Shop you need:
   1. a device with Internet access
   2. a web browser that supports JavaScript and cookies.
2. For placing an order in the Shop, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

 

3. SALE

1. The prices of the goods shown in the Shop are net prices for the goods (VAT not included).
2. The Seller points out that the total price of the order consists of the price of the goods indicated in the Shop, the delivery costs of the goods (if applicable) and VAT.
3. The goods selected for purchase must be added to the shopping basket in the Shop or ordered as indicated in the description.
4. The buyer then enters the data necessary to process and dispatch the order (if applicable). 
5. The order is placed when you confirm its contents and select the "pay" button.
6. Placing an order is the same as concluding a sales contract between the buyer and the seller.
7. Upon receipt of an order by the Website system, an automatic message will be sent each time to the e-mail address provided by the Customer confirming receipt of the order together with a Pro-forma invoice.

 

4. PAYMENTS

1. You can pay for your order by bank transfer based on a pro-forma invoice or via the PayU payment platform (if this form of payment is available).

The entity providing the PayU Express Service to Customers is PayU. In providing the PayU Express Service, PayU acts as a payment service provider within the meaning of the Payment Services Act of 19 August 2011. 

1. An order placed by the Customer and not paid for within 3 days of its placement will be cancelled by the Seller, which is equivalent to termination of the contract.
2. After payment of the order, the customer will receive a VAT invoice by e-mail.

5. ORDER PROCESSING

1. The seller is obliged to deliver goods without defects.

2.1 Orders placed for products requiring dispatch are completed by the Seller within 3 working days of the conclusion of the contract. The lead time consists of the time required to complete the order item.

2.2 Shipping is carried out exclusively on Polish territory. In order to place an order including shipping abroad, please contact the Seller individually.

2.3 In the absence of a contract to the contrary, the Seller undertakes to perform the subject matter of the contract, within a maximum period of thirty days after the buyer's declaration of intent to conclude the contract.

2.4 Goods purchased from the Shop are delivered via the Polish Post or any other supplier indicated in the shipping options.

1. Orders placed for audio and ebook products are processed by the Seller within 12 hours by sending a link to download the ordered file. 
2. Orders placed for video courses are fulfilled by the Seller within 12 hours by sending a link to a virtual drive from which the buyer will download the course content files.
3. Orders placed for online training courses are fulfilled according to the delivery date of these courses indicated in the course description.
4. The seller will proceed with the order once it has been paid for.

 

6. RIGHT OF WITHDRAWAL

1. The consumer has the right to withdraw from the contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the date:
   1. on which the Consumer took possession of the goods or on which a third party other than the carrier and indicated by the Consumer took possession of the goods.
   2. on which the Consumer has taken possession of the last item or on which a third party, other than the carrier and indicated by the Consumer, has taken possession of the last item in the case of a contract involving the transfer of ownership of multiple items which are delivered separately.
3. In order for the Consumer to exercise his/her right of withdrawal, he/she must inform the Seller, using the details provided in § 2 of the Terms and Conditions, of his/her decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
4. The consumer may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
5. In order to comply with the withdrawal period, it is sufficient for the Consumer to send information concerning the exercise of his or her right of withdrawal before the withdrawal period has expired. 

 

CONSEQUENCES OF WITHDRAWAL

1. In the event of withdrawal from a concluded contract, the Seller shall reimburse to the Consumer all payments received from the Consumer, including the costs of delivering the goods (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal.
2. The Seller shall refund the payment using the same means of payment used by the Consumer in the original transaction, unless the Consumer agrees otherwise, in which case the Consumer shall not incur any charges in connection with the refund.
3. The seller may withhold reimbursement until it has received the goods or until it has been provided with proof of their return, whichever event occurs first.
4. The Seller asks to return the goods to the address: 55-003 Krzyków, ul. Lubczykowa 13 immediately and in any case no later than 14 days from the day on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
5. The consumer shall bear the direct costs of returning the goods.
6. The consumer shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to establish the nature, characteristics and functioning of the goods.
7. If the goods, due to their nature, cannot be sent back in the usual way by post the Consumer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated to the Consumer by the Seller in the description of the goods in the Shop or when placing the order.
8. In the event that a refund is required for a transaction made by a customer with a payment card, the seller will make the refund to the bank account assigned to the buyer's payment card.

 

7. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a distance contract does not apply to the Consumer in respect of the contract:
   1. where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs.
   2. where the object of the performance is an item that is perishable or has a short shelf life.
   3. where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery.
   4. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery.
   5. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery.
   6. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract.
   7. the price or remuneration of which is dependent on fluctuations in the financial market outside the trader's control, and which may occur before the end of the withdrawal period.
   8. the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer's express consent before the end of the period for withdrawal and after the trader has informed the consumer of the loss of the right of withdrawal.
2. The right of withdrawal from a contract concluded at a distance does not apply to an entity other than the Consumer.

 

8 COMPLAINTS

1. In the event of a defect in the goods, the Buyer shall have the option of claiming the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that the guarantee has been granted.
2. When exercising the warranty, the Buyer may, under the terms and within the time limits set out in the Civil Code:
   1. make a declaration of price reduction
   2. in the event of a fundamental defect, to withdraw from the contract
   3. demand a replacement
   4. require rectification of the defect
3. The Seller asks for complaints on the basis of the warranty to be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
4. If it turns out that in order to consider the complaint it is necessary to deliver the claimed goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a Consumer at the Seller's expense, to the following address 55-003 Krzyków, ul. Lubczykowa 13.
5. If a guarantee is additionally granted for the goods, information about the guarantee and its conditions is available in the product description in the Shop.
6. Complaints concerning the operation of the Shop should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
7. The complaint will be dealt with by the Seller within 14 days. 

 

OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may make use of, among other things:

1. mediation conducted by the locally competent Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php.
2. with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php.
3. free assistance from the municipal or district consumer ombudsman.
4. ODR's online platform available at: https://commission.europa.eu/about-european-commission/departments-and-executive-agencies/justice-and-consumers_pl.

 

9. PERSONAL DATA

1. The administrator of the personal data provided by the Buyer when using the Shop is the Seller.
2. The Buyer's personal data is processed on the basis of the contract and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) (RODO). Detailed information on data processing by the Seller is contained in the privacy policy posted on the shop's website.

 

10. RESERVATIONS

1. The provision of unlawful content by the Buyer is prohibited.
2. Each time an order is placed in the Shop, it constitutes a separate sales contract and requires separate acceptance of the terms and conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
3. Contracts concluded on the basis of these regulations shall be concluded in the Polish language.
4. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court shall have jurisdiction over the Seller's registered office.
5. Nothing in these terms and conditions excludes or in any way limits the rights of the Consumer under the law.

  Model withdrawal                                                         

Place, date 

........................................

........................................

........................................

Name and address of consumer(s) 

BE Partners Sp. z o.o.

1. Lubczykowa 13

55-003 Krzyków

Statement

on withdrawal from a distance or off-premises contract

 

I/We (*) .................................... hereby give notice (*) of my/our (*) withdraw from the contract of sale of the following items (*) ............................................ the contract of delivery of the following items (*) ................................................................ 

Contract date..........................................................  

.......................................... 

Signature of consumer(s)