REGULATIONS

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 the number KRS 0000562654, share capital PLN 5,000.00, NIP 6793112581, REGON 361752690, available at the domain www.berkovicz.pl.
2. The regulations define the rules for the operation of the store, placing and processing orders, paying the sale price and the rights of customers to cancel, amend and withdraw from placed orders, as well as submitting complaints.
3. Orders can be placed in the Store twenty four (24) hours a day. To use the Store and to place an order, it is necessary to have (i) a computer or other device that allows the use of any web browser and has such a browser, (ii) Internet access and (iii) an active email account.
4. The regulations have been 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. Illegal content cannot be transferred via the Store.

CONTACT THE STORE

7. The Store can be contacted as follows:
   1. via the contact form available at www.berkovicz.pl/contact;
   2. via 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. by calling +48 602 131 300 (charged according to the operator’s tariff).

PLACING ORDERS

8. Orders can be placed without the need to create a permanent account or any registration. To place an order, however, it is necessary to provide the information specified in the Regulations, which is described in detail in point 9.5. Of the Regulations.
9. To place an order in the Store it is necessary:

Adding items to the cart

9.1. The order is made by selecting a given product that you want to buy, by clicking on the “Buy now” button next to the product photo, and specifying their quantity. All prices are gross amounts, i.e. including VAT. It is possible to make purchases in the Store in two currencies:

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

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

The price is always determined in Polish zloty (PLN) and converted. These amounts do not include delivery costs, which are given 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 of the acceptance of the order by sending an e-mail to the address provided in the order form or during the registration process. If the product is unavailable or the execution of the order is impossible for another reason, the ordering party will be informed immediately that the order cannot be fulfilled.

Select 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 available before placing an order. Certain shipping methods may incur additional costs. The amount resulting from the selected form of shipment 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 cost of delivery.

Select 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 available before placing an order. Some of the methods may involve additional costs (e.g. payment operators’ fees). The amount resulting from the selected form of payment 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 cost related to a specific form of payment.

Provide the shipping details

9.5. Providing shipping data is required only for users who do not have an account in the Store. In the absence of the said account, the execution of the order is possible only after providing the data including:

1. first name;
2. last name;
3. email address;
4. mailing address, including city and postal code;
5. phone 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 the confirmation of the offer and confirmation of its implementation will be sent to the e-mail address provided. If the Store finds that the data provided is 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.

Confirm purchase

9.8. After clicking “I order with payment obligation”, the store immediately:

1. when selecting payment by automatic transfer: redirects to an external website of the payment operator. Then, after receiving the payment, the Store will confirm the acceptance of the offer by e-mail; or
2. with the meaning of payment by bank transfer: by e-mail it will send the data necessary to make a manual transfer. Then, after receiving the payment, the Store will confirm the acceptance of the offer by e-mail, or
3. in the sense of cash on delivery: the Store will confirm the acceptance of the offer by e-mail.

9.9. Making purchases in the Store is tantamount to consenting to the confirmation of the conclusion of the contract via e-mail and the Regulations in the form of a PDF file, which fills in the form of consolidation of the contract and the Regulations. The confirmation will be attached to the e-mail confirming the acceptance of the order. Along with the confirmation, the Store attaches the withdrawal form.

Conclusion of the contract

9.10. The conclusion of the contract with the Store takes place when the ordering party receives an e-mail from the Store with the confirmation of 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 contract.

COMPLETION OF ORDERS

10. Orders in the Store are carried out on working days, from 9:00 am to 5:00 pm. The Order is processed no later than 2 days from the date of order confirmation (offer acceptance), after the payment from the ordering party is credited, unless payment on delivery has been selected. In this case, the implementation takes place without this posting.
11. Order processing means preparation for shipment and shipment. The time necessary for the carrier to make the delivery must be added to this time. order, but not longer than thirty (30) days from the date of order confirmation (offer acceptance). In the event of a delay, the ordering party may cancel the order. In this case, the rules for reimbursement are the same as for withdrawal from the contract.
12. Orders are processed from the moment the contract is concluded. The implementation is possible on the territory of the European Union.
13. The shop, via forms, does not sell wholesale. The store is entitled to introduce the maximum number of items of a specific product or product category covered by one order. To place wholesale orders, it is necessary to contact us directly in the form of an email.

MODIFY ORDERS

15. Orders may be modified at any time, from the time of their submission to the moment of shipment by the Store.
16. The order can be modified by contacting the Store – by phone or e-mail . Contact details are available in the “Contact” tab.
17. Modification of the order may apply to all its elements, including the number of items ordered, resigning from some of them. In this case, the rules for reimbursement are the same as for withdrawing from the contract.

ACCOUNT

18. The shop allows you to create an account. Its creation is possible both when placing an order and in a special form. One person may have only 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. mailing address, including city and postal code;
    5. phone number, and password. Creating an account takes place with the acceptance of the Regulations and the Privacy Policy. The creation of an account may also take place by logging in via other platforms (e.g. Google, Facebook), which involves the transfer of identical data to the Store through these platforms, as for filling in the form.
    20. After sending the completed form, the Store sends, by e-mail, to the e-mail address provided in the form, confirmation of registration and account creation. At this moment, an agreement for the provision of an account management service by electronic means is concluded.
    21. Logging in to the account is based on the email address and password provided in the registration process.
    22. delete or block the account at any time due to violation or suspected violation of the Regulations, provisions of generally applicable law, good manners and rules of social coexistence.
    23. In order to delete an account, it is necessary to delete an account in writing or via e-mail, in accordance with the data provided in the Regulations, inform the Store about the will to remove it. RIGHT TO WITHDRAW FROM THE AGREEMENT
        
    24. The ordering party who is a consumer and to whom the regulations apply, as for the consumer (the so-called consumer entrepreneur) may, within fourteen (14) days from the date of receipt of the order, withdraw from the contract. Such withdrawal may take place without giving a reason and without incurring costs, except for the costs of delivering the item in the event that the ordering party has chosen a method of delivery 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 costs incurred

sklep@berkovicz.pl

with a note “return”

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

( see: Annex 1 ). Shop immediately, However, no later than fourteen (14) days from the date of receipt of the returned product, it will return all payments, including the costs of delivering the goods to the ordering party, subject to point 24 of the Regulations (reimbursement up to the amount of 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. Earlier return is not possible due to the need to verify the packaging and the possibility of reusing the product. If the verification activities show that the packaging is open, the Store will return the previously sent order and charge the ordering party with the costs of the return.

COMPLAINTS

31. If it is found that the received order (a) is inconsistent with the order placed, (b) is defective or (c) is damaged as a result of improper transport, the customer 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, indicating the scope of the complaint, at the same time:
    1. for a complaint regarding orders: by registered mail, not cash on delivery) of a defective order with a proof of purchase;
    2. for a complaint regarding services provided electronically: providing the login (e-mail address related to the account) or e-mail address for subscribing to the newsletter;to the address: sklep@berkovicz.pl with a note “complaint”
    33. Complaints are dealt with within fourteen (14) days from the date of their receipt.
    34. Unless the contracting authority exercises its rights under the warranty, if the the order will be considered positively, the Store will replace the order or its part with a new one and send it back at its own expense, unless it is possible to repair the goods and the ordering party requests such repair. In the event that the replacement or repair is not possible, the Store will refund the full amount due for the purchased order, including the cost of shipping the complaint, within fourteen (14) days from the date of positive consideration of the complaint. At the express request, the ordering party may stop the advertised order and demand a reduction of the sale price, depending on the type and extent of the 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 of the warranty are governed by the provisions of generally applicable law. The Store, in accordance with these provisions, informs that if the product has a defect, the ordering party who is a consumer may:
    1. submit a statement about the price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience replaces the defective product with a defect-free one or a defect will delete. 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 product free from defects or to remove defects. The store is obliged to replace the defective product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the ordering party. The shop may refuse to satisfy the ordering party’s request if it is impossible to bring the subject of the contract into compliance or it would require excessive costs compared to the second possible method of bringing it into compliance.
37. With regard to ordering parties being entrepreneurs, the warranty is excluded to the fullest extent possible.

ELECTRONIC SERVICES

38. The shop provides the following services:
    1. account management. It is a service that allows you to place orders faster and track their history. The contract for this service is concluded with the confirmation of registration.
    2. newsletter. It is a service that allows the Store to send an email containing information about new products or services in the Store’s offer. The contract for this service is concluded with the subscription confirmation.
    3. contact form. It 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 (by clicking “Send”).

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

EXTRAJUDICIAL DISPUTE RESOLUTION

39. The Ordering Party who is a consumer may use extrajudicial means of dealing with complaints and redress. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They 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 also informs that at the address http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR).

CHANGE OF REGULATIONS

40. The shop 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 to the email. The amendment to the Regulations becomes effective on the date indicated by the Store, which may not be less than seven (7) days from the date of making available. The amended one is binding for people who have an account, unless they terminate the contract (i.e. they do not delete the account in accordance with the procedure provided for in the Regulations) for the provision of services before the effective date of the amended Regulations.

APPENDIX 1 – TEMPLATE FORM OF WITHDRAWAL FROM THE AGREEMENT

(this form should be completed and returned only if you wish to withdraw from the contract)

APPENDIX 2 – NOTICE TO WITHDRAW FROM THE AGREEMENT

RIGHT TO WITHDRAW FROM THE AGREEMENT

You have the right to withdraw from the sales contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the date on which you acquire, or a third party (other than the carrier) and indicated by you acquires physical possession of the goods. You can use the model withdrawal form, but it is not obligatory. To keep the deadline for withdrawing from the contract, it is enough for you to send / send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

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

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

of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post, using the form, sending an email indicating that the withdrawal is to take place).

Consequences of withdrawal from the contract

In the event of withdrawal from the contract, we will reimburse you for all payments received from you, including the cost of delivering the products to you (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us and with the exception of delivery costs) returnable), immediately, and in any event no later than fourteen (14) days from the date on which we are informed of your decision to exercise the right to withdraw from the contract and to verify the absence of tampering with the packaging (hygiene restriction). We will refund the payment using the same payment methods that you used in the original transaction, unless you expressly agree otherwise; in any event, you will not incur any fees related to this return. We may withhold reimbursement pending receipt of the products or providing us with proof of their return, whichever occurs first.

Please send back or hand over the item to us immediately, and in any event not later than fourteen (14) days from the date on which we have been informed by you of your withdrawal from this contract. The deadline is met if you send back the product before the fourteen (14) day period has expired.

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

You are only responsible for reducing the value of things resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of things.