Statute

General information

1. In the Regulations, the phrase "Store" used refers to the online store run by TATRA LAB sp. z o.o. based in Kraków, entered into the Register of Entrepreneurs by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register under KRS number 0000562654, share capital PLN 5,000.00, NIP 6793112581, REGON 361752690, available in the domain www.berkovicz.pl.

2. The Regulations define the rules for the operation of the store, placing and fulfilling orders, payment of the sales price and the rights of customers to cancel, change and withdraw from placed orders, as well as submitting complaints.

3. Orders in the Store can be placed twenty-four (24) hours a day. To use the Store and place an order, it is necessary to have (i) a computer or other device capable of using any web browser and having such a browser, (ii) access to the Internet and (iii) an active email account.

4. The Regulations are divided into internal editorial units. Regardless of the division used, the Regulations constitute a comprehensive whole, and none of its parts should be interpreted in isolation from the others.

5. You cannot transmit illegal content via the Store.

6. Creating an account and using the Store's functionalities (browsing content), except for placing orders, are free of charge.

Contact the store

7. You can contact the Store in the following way:

1) via the contact form available at www.berkovicz.pl/kontakt;

2) by e-mail, by sending a message to sklep@berkovicz.pl;

3) by phone, from Monday to Friday (excluding public holidays) from 9:00 a.m. to 5:00 p.m., calling +48 602 131 300 (fee according to the operator's tariff).

Placing orders

8. Orders can be placed without the need to create a permanent account or register any way. However, to place an order, it is necessary to provide the information specified in the Regulations, which is described in detail in point 9.5. Regulations.

9. To place an order in the Store it is necessary:

Adding items to the cart

9.1. The order is placed by selecting the product you want to purchase, clicking the "Buy now" button located next to the product photo, and specifying their quantity. All prices are gross, i.e. including VAT. In the Store it is possible to make purchases in two currencies:

a. for people making purchases from Poland: in Polish zloty (PLN);

b. for people making purchases from outside Poland: in euro (EUR).

The price is always set in Polish zloty (PLN) and converted. These amounts do not include delivery costs, which are provided separately when selecting the delivery method and in the summary.

9.2. The information contained in the Store does not constitute an offer within the meaning of Art. 66 of the Civil Code, but are an invitation to submit offers within the meaning of Art. 71 of the Civil Code. The ordering party is notified about the acceptance of the order by receiving an e-mail to the address provided in the order form or during the registration process. If the product is unavailable or the order cannot be fulfilled for another reason, the ordering party will be notified immediately that the order cannot be fulfilled.

Selecting a delivery method

9.3. The delivery method is selected in the "Cart" tab. The store allows you to choose between several delivery methods, and the current list of these methods is always made available before placing the order. Some delivery methods may incur additional costs. The amount resulting from the selected shipping method will increase the value of the order. The store provides the total amount of the order in the "Cart" tab, i.e. the amount including the delivery cost.

Selecting a payment method

9.4. The payment method is selected in the "Cart" tab. The store allows you to choose between several payment methods, and the current list of these methods is always made available before placing an order. Some of the methods may involve additional costs (e.g. commissions from payment operators). The amount resulting from the selected payment method will increase the value of the order. The store provides the total amount of the order in the "Cart" tab, i.e. the amount including the costs associated with a specific form of payment.

Providing data enabling shipping

9.5. Providing shipping data is only required for users who do not have an account in the Store. If there is no account, the order can only be processed after providing the following data: name;

1) surname;

2) email address;

3) correspondence address, including city and postal code;

4) telephone number.

The data provided in the Store must be true. The order will be sent to the address indicated in the "Shipping data" section, and confirmation of acceptance of the offer and confirmation of its implementation will be sent to the provided e-mail address. If the Store finds the data provided to be false, the Store reserves the right to refuse to process the order.

9.6. Before accepting the order, it is necessary to confirm that you have read the Regulations. Issues related to the transfer of personal data are regulated by the Privacy Policy, which can be found in the "Privacy Policy" tab.

9.7. The last stage of placing an order is clicking "Buy and pay", i.e. entering the completed form into electronic means of communication in such a way that the Store can read it.

Purchase confirmation

9.8. After clicking "I order with the obligation to pay", the Store will immediately:

1. when selecting automatic transfer payment: will redirect you to the payment operator's external website. Then, after receiving the payment, the Store will confirm acceptance of the offer by e-mail; or
2. if you want to pay by bank transfer: you will be sent by e-mail the data necessary to make a manual transfer. Then, after receiving the payment, the Store will confirm acceptance of the offer by e-mail, or
3. in the case of cash on delivery: The store will confirm acceptance of the offer by e-mail.

9.9. Making purchases in the Store is tantamount to consenting to sending confirmation of the conclusion of the contract via e-mail and the Regulations in the form of a PDF file, which completes the form of consolidation of the contract and the Regulations. The confirmation will be attached to the e-mail confirming that the order has been accepted for processing. Together with the confirmation, the Store attaches a withdrawal form.

Conclusion of the contract

9.10. A contract with the Store is concluded when the ordering party receives an e-mail from the Store confirming the conclusion of the contract in the form of a PDF file.

9.11. Until the conclusion of the contract is confirmed, all payments made by the ordering party constitute a prepayment for the execution of the order.

Order fulfillment

10. Orders in the Store are processed on business days, from 9:00 a.m. to 5:00 p.m. The order is processed within no more than 2 days from the date of order confirmation (acceptance of the offer), after the payment from the ordering party is recorded, unless cash on delivery is selected. Then the execution takes place without this posting.

11. Fulfillment of the order means preparation for shipment and shipment. To this time, the time necessary for the carrier to make the delivery should be added.

12. If it is impossible to complete the order within the time originally specified by the Store, the ordering party will be immediately informed about this, specifying the reasons for the delay and indicating a proposal for a new order completion date, but no longer than thirty (30) days from the date of order confirmation (acceptance of the offer). . In case of delay, the ordering party may cancel the order. In this case, the rules for refunding the payment are the same as for withdrawal from the contract.

13. Orders are processed from the moment the contract is concluded. Implementation is possible within the territory of the European Union.

14. The store does not conduct wholesale sales via forms. The store is entitled to introduce the maximum number of pieces of a specific product or product category covered by one order. In order to place wholesale orders, direct contact via e-mail is necessary.

Modification of orders

15. Orders may be modified at any time, from the moment they are placed until they are shipped by the Store.

16. Modifications to the order can be made by contacting the Store - by phone or e-mail. Contact details are available in the "Contact" tab.

17. Modification of the order may concern all its elements, including the number of ordered items by resigning from some of them. In this case, the rules for refunding the payment are the same as for withdrawal from the contract.

Account

18. The store allows you to create an account. It can be installed both when placing an order and in a special form. One person can only have one account in the Store.

19. In order to create an account, complete the form provided by the Store, providing:

1) name;

2) surname;

3) email address;

4) correspondence address, including city and postal code;

5) telephone number,

and access password. Creating an account takes place with the acceptance of the Regulations and the Privacy Policy. Creating an account can also be done by logging in via other platforms (e.g. Google, Facebook), which involves transferring to the Store through these platforms the same data as for filling out the form.

20. After sending the completed form, the Store sends confirmation of registration and account creation electronically to the e-mail address provided in the form. At this moment, an agreement for the provision of electronic account management services is concluded.

21. Login to the account is based on the email address and password provided during the registration process.

22. The Store may delete or block an account at any time due to violations or suspected violations of the Regulations, provisions of generally applicable law, good manners and principles of social coexistence.

23. In order to delete an account, you must inform the Store of your intention to delete it in writing or via e-mail, in accordance with the data provided in the Regulations.

Right to withdraw from the contract

24. An ordering party who is a consumer and to whom the regulations applicable to a consumer apply (so-called business on a consumer basis) may, within fourteen (14) days from the date of receipt of the order, withdraw from the contract. Such withdrawal may occur without giving a reason and without incurring any costs, with the exception of the costs of delivering the goods if the ordering party has chosen a method of delivering the goods other than the cheapest standard delivery method offered by the store. In the situation described in the preceding sentence, the Store is not obliged to reimburse the additional costs incurred by the ordering party (over and above the amount of the cheapest regular delivery method offered by the Store). This also applies to the costs of returning the product to the Store, which are borne entirely by the ordering party.

25. The right of withdrawal does not apply if the packaging is opened by the buyer. Products available in the Store are delivered in a sealed package, and after opening it, re-using the product is not possible for hygiene reasons (Article 38, point 5 of the Act on Consumer Rights).

26. If the order is completed separately, in batches or in parts, withdrawal from the contract may occur within fourteen (14) days from the date of receipt of the last item, batch or part.

27. To comply with the 14-day deadline, it is sufficient to send the declaration before its expiry. If the deadline is met, the contract is considered not concluded.

28. In order to withdraw from the contract, you must submit, in writing or by e-mail, a declaration of withdrawal from the contract along with sending the proof of purchase, its copy or at least providing the order number. The order must be returned by sending it complete, intact, without traces of use and with tags (if original), together with the original packaging. The order should be returned to the following address:

sklep@berkovicz.pl

with the note "return"

Withdrawal from the contract may be made using the form which is sent together with the confirmation of conclusion of the contract (point 9.10. of the Regulations).

29. Immediately after receiving the declaration of withdrawal from the contract, the Store will send confirmation of its receipt, and this confirmation will be sent in writing or by e-mail (to the address provided when placing the order), depending on the ordering party's indication (see: Appendix No. 1).

30. The Store will immediately, but no later than fourteen (14) days from the date of receipt of the returned product, refund all payments, including the costs of delivering the item to the ordering party, subject to point 24 of the Regulations (reimbursement of costs up to the cheapest delivery method available in the Store). ). The store will refund the payment using the same method of payment that was used when placing the order, unless the ordering party has expressly agreed to a different method of return. Early return is not possible due to the need to verify the packaging and the possibility of reusing the product. If verification activities reveal that the packaging has been opened, the Store will return the previously sent order and charge the ordering party with the costs of return shipping.

Complaints

31. If it is found that the received order (a) is inconsistent with the order placed, (b) has defects or (c) is damaged as a result of improper transport, the ordering party has the right to file a complaint. Complaints may also be submitted in relation to services provided electronically.

32. Complaints should be submitted in writing, specifying the scope of the complaint, and at the same time:

1) for complaints regarding orders: returning (by registered mail, not cash on delivery) the defective order together with proof of purchase;

2) for complaints regarding services provided electronically: providing the login (e-mail address associated with the account) or the e-mail address of the newsletter subscription;

to the address:

sklep@berkovicz.pl

with the note "complaint"

33. Complaints are considered within fourteen (14) days from the date of their receipt.

34. Unless the ordering party exercises the rights arising from the warranty, if a complaint regarding the order is considered positively, the Store will replace the order or part of it with a new one and send it back at its own expense, unless the goods can be repaired and the ordering party requests such repair. If replacement or repair is not possible, the Store will refund the full amount for the purchased order, together with the costs of shipping the complaint, within fourteen (14) days from the date of positive consideration of the complaint. Upon express request, the ordering party may retain the complained order and request a reduction in the sales price, depending on the type and extent of damage to the order.

35. If the complaint is rejected, the Store will return the previously sent order and charge the ordering party with the costs of return shipment.

Warranty rights

36. The store is obliged to deliver the product without physical and legal defects. The store is liable to the ordering party who is a consumer if the delivered product has a physical or legal defect (warranty). The scope and rights under the warranty are regulated by generally applicable law. In accordance with these regulations, the store informs that if the product has a defect, the ordering party who is a consumer may:

1) submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without excessive inconvenience replaces the defective product with a defect-free one or removes the defect. This limitation does not apply if the product has already been replaced or repaired or the Store has not fulfilled the obligation to replace the product with a defect-free one or to remove the defects.

2) demand that the defective product be replaced with a defect-free one or that the defect be removed. The store is obliged to replace the defective product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the ordering party. The store may refuse to comply with the ordering party's request if bringing the subject of the order into compliance is impossible or would require excessive costs compared to the other possible method of achieving compliance.

37. In relation to ordering parties who are entrepreneurs, the warranty is excluded to the greatest extent possible.

Services provided electronically

38. The store provides the following services:

1) maintaining an account. This is a service that allows you to place orders faster and track their history. The contract for this service is concluded with confirmation of registration.

2) newsletter. This is a service that allows the Store to send an email containing information about new products or services offered by the Store. The contract for this service is concluded with the confirmation of the subscription.

3) contact form. This is a service that allows you to send messages to the entity running the Store via the Store's website. The contract for this service is concluded when the content of the form is entered into the means of distance communication (clicking "Send").

Any person using services provided electronically may terminate the contract for the provision of these services at any time, without giving a reason, provided that the rights acquired by the other party before termination are preserved.

Extrajudicial methods of resolving disputes

39. The ordering party who is a consumer may use out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection (https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php). The store additionally informs that at http://ec.europa.eu/consumers/odr/ a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR) is available.

Change of regulations

40. The Store may make changes and updates to the Regulations. Information about changes is posted directly on the Store's website. In the case of people who have an account in the Store, information about changes is sent by e-mail. The change to the Regulations becomes effective on the date indicated by the Store, which cannot be shorter than seven (7) days from the date of publication. The amended one is binding on persons with an account, unless they terminate the contract (i.e. do not delete the account in accordance with the procedure provided for in the Regulations) for the provision of services before the date of entry into force of the amended Regulations.

Annex No. 1 - Sample contract withdrawal form

ANNEX No. 1 - WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)

Annex No. 2 - Information on withdrawal from the contract

Right to withdraw from the contract

You have the right to withdraw from the sales contract within fourteen (14) days without giving any reason. The deadline to withdraw from the contract expires after fourteen (14) days from the date on which you came into possession of the item or on which a third party (other than the carrier) and indicated by you came into possession of the item. You can use the sample withdrawal form, but this is not obligatory. In order to meet the deadline for withdrawal from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal from the contract expires.

To exercise your right of withdrawal, you must inform us, i.e.:

TATRA LAB sp. z o. o. based in Kraków,

your decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post, using a form, sending an email indicating that you wish to withdraw).

Consequences of withdrawal from the contract

In the event of withdrawal from the contract, we will refund to you all payments received from you, including the costs of delivering the products to you (except for additional costs resulting from your chosen delivery method other than the cheapest standard delivery method offered by us and with the exception of return delivery costs), immediately , and in any case no later than fourteen (14) days from the day on which we were informed about your decision to exercise the right to withdraw from the contract and to verify the absence of damage to the packaging (limitation related to hygiene reasons). We will refund the payment using the same payment methods that you used in the original transaction, unless you expressly agree to a different solution; in any case, you will not incur any fees in connection with this return. We may withhold reimbursement until we receive the products or until you provide us with proof of having sent them back, whichever occurs first.

Please send back or hand over the goods to us immediately and in any event no later than fourteen (14) days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you return the product before the fourteen (14) day period has expired.

You will have to bear the direct costs of returning the items.

You are only liable for any reduction in the value of the item resulting from using it in a manner other than what was necessary to establish the nature, characteristics and functioning of the item.