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Terms and conditions

The Buyer and the Seller may enter into a contract in two ways.

Before placing an order, the Buyer has the right to negotiate any contractual terms with the Seller, including any terms amending the provisions of the Terms & Conditions specified below. The negotiations shall be carried out in writing and their result shall be sent to the Seller’s address (BY RIESKE Monika Rieske, gen. T. Kutrzeby 5 / 1U, 91-043 Lodz).
If the Buyer waives their right to enter into a contract based on individual negotiations, the Terms & Conditions specified below, as well as relevant laws shall apply.

T E R M S  &  C O N D I T I O N S

§1 DEFINITIONS

  • PERSONAL DATA ADMINISTRATOR:
  • BY RIESKE Monika Rieske
    ul. gen. T. Kutrzeby 5/1U, 91-043 Lodz, Poland 
    NIP: 888-137-29-34, REGON: 100121574

  • POSTAL ADDRESS:
  • name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or flat number, in the case of a town not divided into streets: street name and property number), postal code and town.

  • COMPLAINT ADDRESS:
  • BY RIESKE Monika Rieske
    ul. gen. T. Kutrzeby 5/1U, 91-043 Lodz, Poland

  • SHIPPING PRICE-LIST:
  • shipment price list – the list of available shipment methods and their costs located at: https://www.byrieske.com/page/shipping

  • CONTACT DETAILS:
  • BY RIESKE Monika Rieske
    ul. gen. T. Kutrzeby 5/1U, 91-043 Lodz, Poland
    e-mail: monikarieske@byrieske.com
    phone: +48 577-73-12-07

  • SHIPPING:
  • shipment – a type of transportation service, indicating the operator and the cost, as listed in the delivery price list located at: https://www.byrieske.com/page/shipping

  • THE PROOF OF PURCHASE:
  • proof of purchase – e.g. an invoice, a bill, a receipt issued in accordance with Polish Value Added Tax Act of 11 March 2004, as amended, and with other applicable laws, confirmation of payment by credit card, bank statement

  • PRODUCT CARD:
  • a single subsite of the store containing information about a single product

  • CUSTOMER:
  • a natural person of legal age with full capacity to enter into legal transactions, a legal person or an organisational unit without legal personality but with capacity to enter into legal transactions, who purchases a product from the Seller directly in connection with their business or professional activity

  • CIVIL CODE:
  • the Polish Civil Code Act of 23 April 1964, as amended

  • CODE OF GOOD PRACTICES:
  • a set of rules of conduct, including in particular ethical and professional standards, referred to in Article 2, (5) of the Polish Unfair Market Practice Prevention Act of 23 August 2007, as amended

  • CONSUMER:
  • a natural person of legal age with full capacity to enter into legal transactions whose purchase from the Seller is not directly connected with their business or professional activity

  • CART:
  • a list of products, consisting of the products offered in the store, based on the buyer's choices

  • BUYER:
  • both the Consumer and the Customer

  • PLACE OF ISSUE:
  • postal address or collection point indicated in the order by the Buyer

  • TIME OF ISSUE:
  • the moment when the Buyer, or a third party specified by the Buyer for receipt of the item, takes possession of the item

  • PAYMENT:
  • a method of paying for the subject matter of the contract and for its shipment to the address mentioned at https://byrieske.com/page/payment

    Byrieske.com cooperates with the following payment operators:

    Pay Pro SA with its registered office in Poznan 60-327, ul. Kanclerska 15 (KRS: 0000347935, NIP: 779-236-98-87)

    PayPal (Europe) S.à r.l. et Cie, S.C.A., Société en Commandite par Actions with its registered office in 22-24 Boulevard Royal, L-2449 Luxembourg, R.C.S. Luxembourg B 118 349

  • PRIVACY POLICY:
  • principles of processing of personal data of Buyers by the Administrator, the rights of Buyers and the obligations of the Data Administrator, which are located at: https://byrieske.com/page/privacy-policy

  • CONSUMER LAW:
  • the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827).

  • PRODUCT:
  • a minimum and undividable quantity of items which can be covered by a purchase order and which is specified in the Seller’s store as a measurement unit for pricing purposes (price/unit)

  • SUBJECT MATTER OF CONTRACT:
  • the products and shipment covered by the contract

  • SUBJECT MATTER OF SERVICE
  • subject matter of the contract

  • RECEPTION POINT:
  • place of release of the item not being a postal address, listed in the list provided by the Seller in the store

  • RODO:
  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC

  • ITEM:
  • movable thing that may or may be the subject of the contract

  • STORE:
  • internet service available at: https://byrieske.com, via which the Buyer can place an order

  • SELLER:
  • BY RIESKE Monika Rieske
    ul. gen. T. Kutrzeby 5/1U, 91-043 Lodz, Poland
    NIP: 888-137-29-34, REGON: 100121574
    registered and visible in the CEIDG register at:
    https://prod.ceidg.gov.pl/ceidg/ceidg.public.ui/Search.aspx

    BANK ACCOUNT:
    Bank Pekao SA
    BIC (SWIFT): PKOPPLPW
    Account number for transfers in PLN: 57 1240 1981 1111 0010 8928 1393
    Account number for transfers in EUR: PL47 1240 1981 1978 0010 8928 1582

  • SYSTEM:
  • a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet

  • PROCESSING TIME:
  • the number of working days or hours specified in the product information sheet

  • CONTRACT:
  • a contract entered into outside of the entrepreneur's premises or a remote contract within the meaning of the Polish Consumer Rights Act of 30 May 2014 for Consumers, and a sales contract within the meaning of Article 535 of the Polish Civil Code Act of 23 April 1964 for Buyers

  • DEFECT:
  • both a physical or legal defect

  • PHYSICAL DEFECT:
  • the sold item being inconsistent with the contract, in particular if the item:

    a. does not have the properties it should have due to its purpose, whether specified in the contract or arising from circumstances or from its intended use;

    b. does not have the properties indicated by the Seller;

    c. is not intended for the purpose of which the Consumer informed the Seller while entering into the contract, and the Seller did not object to such intended purpose;

    d. was incomplete when released to the Consumer;

    e. was incorrectly installed and start-up, if these activities were carried out by the Seller or a third party for whom the Seller was liable or by the Consumer who followed the instructions received from the Seller;

    f. does not have a property which was guaranteed by the manufacturer or its representatives or by a person who marketed the item within their business activity or a person who introduced themselves as the manufacturer by placing their name, trade mark or another distinctive marking on the sold item, unless the Seller was unaware, and could not reasonably be aware, of the guarantees or if these guarantees could not have influenced the Consumer’s decision on entering into the contract or if the content thereof was rectified before the contract was entered into

  • LEGAL DEFECT:
  • the situation when the sold item is owned by a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of an item results from a decision or ruling of a competent authority

  • ORDER:
    the Buyer's declaration of will, made via the store, which clearly defines the following: the type and quantity of products; the shipment method; the payment method; the place of release; the Buyer's data, and which was made with a direct purpose of entering into a contract with the Seller.

§2 GENERAL TERMS

  • Recent one, Safari with the latest versions of JAVA and FLASH, on screens Contracts are entered into in accordance with the local law having jurisdiction over the Seller's registered office and in line with these Terms & Conditions.
  • The store pursues a sales activity within and outside of Poland.
  • The Seller shall provide services and products which are free of defects.
  • All the prices specified by the Seller are expressed in the Polish currency and in EUR and they are gross prices (inclusive of VAT). Product prices are exclusive of the shipment cost, which is defined in the shipment price list available at https://www.byrieske.com/page/shipping
  • The Seller shall be liable before the Customer under warranty if any physical defect is identified within two years of the item being released to the Customer.
  • Any material contractual provisions shall be confirmed, communicated, recorded and secured, so that access to this information can be gained in the future, as follows:
  • a. Through order confirmation which involves e-mailing the following to the specified address: purchase order, information about the right to rescind the contract, these Terms & Conditions in the pdf format, a template of the contract rescission form in the pdf format, links for downloading the Terms & Conditions and the template of the contract rescission form;

    b. Through a printed proof of purchase attached to the processed order, sent to the place of release.

  • The Seller shall not charge any fees for communication with the Seller through the means of distance communication, and the Buyer shall incur the costs thereof in the amount arising from the Buyer’s contract with the third party from whom the Buyer procures a specific service enabling them to employ means of distance communications.
  • The Seller assures the Buyer using the system that the store works correctly when using the following browsers: IE version 7 or a more recent one, FireFox version 3 or a more recent one, Opera version 9 or a more recent one, Chrome version 10 or a more with a resolution above 1024 px. Use of third-party software affecting the functioning and functionality of Internet Explorer, FireFox, Opera, Chrome, Safari may affect proper display of the store website, so it must be closed if the full functionality of the byrieske.com.pl store is it be obtained.
  • The Buyer may also use the store’s option of saving their data to facilitate the process of placing next orders. To this end, the Buyer should give their login and password, necessary to gain access to their account. Login and password represent a sequence of characters defined by the Buyer, who is under the obligation to keep them confidential and protect them against unauthorised access of third parties. The Buyer may, at any time, access, modify and update their data and delete their account in the store.
  • The Seller shall follow the code of good practice.

§3 CONCLUSION OF THE AGREEMENT AND IMPLEMENTATION

  • Orders can be placed 24 hours a day, 7 days a week throughout the year, with the proviso that their implementation takes place on Business Days from 9.00 a.m. to 5.00 p.m.
  • To place an order, the Buyer should take at least the following steps, with the possibility of repeating some of them multiple times:
  • a. add a product to the cart;
    b. choose the type of shipment;
    c. choose the type of payment;
    d. choose the place of issue of the item;
    e. place an order in the store by using the "Buy and pay" button.
  • Conclusion of the contract with the Consumer takes place when the order is placed.
  • Conclusion of the contract with the customer takes place at the time of acceptance of the order by the seller, of which he informs the customer within 48 hours of placing the order.
  • The Customer is obliged to make a payment for the placed order no later than within 3 Business Days from the date of receipt from the Seller of confirmation of acceptance of the Order for execution.
  • Execution of the Customer's order payable by bank transfer or via the electronic payment system follows the conclusion of the contract and the payment of the Customer's account credited to the Seller's account.
  • Sending the subject of the contract takes place within the period specified on the product card, and for orders placed from many products in the longest term from the products specified on the cards. The period starts from the moment the order is processed.
  • The purchased subject of the contract is, along with the sales document (VAT invoice), sent to the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order.
  • The customer bears sole responsibility for the correctness of the data indicated and bears all financial costs related to address errors (in particular, the cost of sending the package to the wrong address and the cost of returning to the sender of such a shipment).
  • Personal collection is possible at the pickup point, between 11.00 and at 17.00 on Business Days after making payment for the Order and posting the Customer's payment on the Seller's account. Before arriving at the Pick Up Point in order to collect your Order, it is recommended to contact the Seller in advance by phone.
  • The Seller may, without giving any reason, not accept the Purchase Offer, in particular due to the unavailability of the product, the restriction related to its shipment or the impossibility of sending the payment by the Customer.
  • The Seller is not liable to the Customer or third parties for not accepting the Purchase Offer.

§4 RIGHT OF RESCISSION

  • The consumer has the right to withdraw from the contract concluded remotely without giving a reason. The customer makes a relevant statement in writing within 14 (fourteen) days from the day the consumer takes possession of the item or a third party designated by him.
  • To comply with this deadline, a written notice must be sent before the expiry of the time limit.
  • A declaration of withdrawal from the contract may be submitted by the Consumer on a form, the model of which is attached as Annex 2 to the Consumer Law, on the form available at https://www.byrieske.com/page/return-policy or in another form in line with the Consumer Law.
  • The Seller shall immediately confirm to the Buyer,by e-mail (provided at the conclusion of the contract and another, if it has been provided in the submitted statement) receipt of a declaration of withdrawal from the contract.
  • In the event of withdrawal from the contract, the contract is considered null and void.
  • The consumer is obliged to return the item to the Seller immediately, but not later than within 14 days from the date on which he rescinded the contract. To meet the deadline, it is enough to send back the items before the expiry of the time limit.
  • The consumer sends back the items being the subject of the contract, from which he resigned at his own expense and risk.
  • The consumer is liable for a decrease in the value of the thing being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
  • The amount due to the Customer for the withdrawal from the contract is returned within 14 days from the date of the Customer's submission of the declaration of withdrawal from the contract.
  • The customer receives a refund of the amount due to him to the bank account indicated in the statement referred to in §4 point 3, available at https://www.byrieske.com/page/return-policy
  • The Seller may withhold the reimbursement of the payment until receipt of the Goods or until the delivery of the proof of its return to the Seller, depending on which event occurs first.
  • Consumer according to art. 38 of the Consumer Law is not entitled to withdraw from the contract:
  • a. Where the price or remuneration depends on fluctuations on the financial market which are beyond the Seller’s control and which may occur before the deadline for contract rescission;
    b. Which involves a non-prefabricated object, manufactured according to the Consumer’s specifications or intended to satisfy the Consumer’s individualised needs

§5 COMPLAINT

  • The Seller is obliged to deliver Goods free from defects.
  • The Seller is liable to Consumers for defects (warranty) on the terms defined in Article 556 et seq. of Polish Civil Code.
  • In the case of a contract with a Consumer, if a physical defect was found within one year of the delivery of the item, the defect is assumed to have existed at the moment of risk transfer to the Consumer.
  • The consumer, if the item sold has a defect, may:
  • a. submit a statement requesting a price reduction;
    b. submit a statement of withdrawal from the contract;
    c. demand replacement of things free from defects;
    d. request removal of the defect.
  • The consumer, instead of the removal of the defect proposed by the Seller, may demand the exchange of things for free from defects, or instead of replacing items, demand removal of the defect.
  • The consumer who exercises the rights under the warranty is obliged to provide the defective item at the expense of the Seller to the complaint address.
  • The consumer's claim to remove the defect or exchange the item sold for free from defects expires after one year, counting from the date of finding the defect, however, not earlier than within two years from the date of delivery of the item to the consumer.
  • The Seller is obliged to accept a faulty item from the Consumer in the event of replacing the item with a non-defective one or withdrawing from the contract.
  • The seller will respond within fourteen days to:
  • a. a statement of a demand to lower the price;
    b. declaration of withdrawal from the contract;
    c. demanding the exchange of goods for one free from defects;
    d. request to remove the defect.
    Otherwise, it is considered that he considered the Consumer's statement or demand justified.
  • Complaints should be submitted to the postal address or e-mail address indicated in the Contact at https://www.byrieske.com/page/contact.To improve the complaint procedure, the advertised Goods should be delivered together with proof of purchase (VAT invoice) and a complaint notification.
  • Depending on the manner in which the customer submits a complaint, the seller will notify the customer about the complaint and its result by a letter sent to the address provided in the complaint or by e-mail.
  • The Seller may refuse to satisfy the Consumer's request if it is impossible or requiring excessive costs to comply with the defective item in the manner chosen by the buyer.
  • In general, they are not treated as defects incriminating the Seller:
  • a. damage caused by normal, normal use of the Goods,
    b. mechanical damage to the Goods,
    c. damage caused by improper use of the Goods, in particular poor maintenance or lack of maintenance, soaking, use in a manner inconsistent with the intended use, or bad fitting.
  • The seller is liable under the warranty if the physical defect is found before the expiry of two years from the date of delivery of the item to the consumer.
  • In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights vested in the Consumer under this warranty is suspended until the final conclusion of the proceedings. Accordingly, it also applies to mediation proceedings, while the deadline for exercising other rights under the warranty vested in the Consumer begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of mediation.

§6 PRIVACY POLICY AND SECURITY OF PERSONAL DATA

  • The Personal Data Controller is responsible for the lawful processing of personal data, and the rules for the collection, processing and storage of personal data, as well as the right of the Buyer related to his personal data.
  • The Personal Data Administrator processes personal data of Buyers based on consent and in connection with the legitimate interests of the Seller.
  • The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
  • The consent of the Buyer to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
  • For the needs of the Buyer's order, the following personal data are collected:
  • a. postal address - necessary to issue a proof of purchase;
    b. place of delivery - necessary to address the parcel;
    c. e-mail - necessary for communication related to the implementation of the contract;
    d. telephone number - necessary in the case of selection of some types of delivery
  • Detailed solutions in the field of personal data protection related to placing an order, but also using the store before and after placing an order are included in the privacy policy.

§7 FINAL PROVISIONS

  • No provision hereof is intended to violate the Buyer's rights.
  • The current version of the regulations is always available to the Buyer in the rules tab (https://www.byrieske.com/page/terms-and-conditions). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him during placing the order apply. Except for the situation when the Consumer considers it to be less favorable than the current one and informs the Seller of the current choice as binding.
  • In matters not covered by these regulations, the applicable applicable legal provisions shall apply. Disputable issues, if the consumer expresses such a wish, are resolved by means of mediation or arbitration.
  • As a last resort, the matter is settled by the local and substantive court.

    Version 14.2 (Lodz, May 25, 2018)

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