1. The Online Store is conducted by:
Bike Café Sp. z o.o. with registered seat in Poznań address: (61-485), Żmigrodzka 41/49, commercial register number (KRS) 0000508906, o tax ID (NIP): 779-24-28-686, national statistical number (REGON): 302601770, share capital: 5.000,00 zł.
2. Contact details of the Owner:
Bike Café Sp. z o.o.
Żmigrodzka 41/49, 60-171 Poznań
Office of the Board:
2. Defined Terms
As used in this Agreement, the following terms shall have the meanings specified below:
Bagdrip – the Internet Service conducted by entity described in § 1 sec. 1, involving online shop offering goods and services referred to herein
Seller/Service Operator – the company Bike Café Sp. z o.o. referred to in § 1
Purchaser – a registered User of Bagdrip service who had accomplished at least one order
Consumer – a natural person using Bagdrip service for purposes which are not directly connected to the latter’s commercial or professional activity.
Account – user profile generated for the e-mail address and secured by the password entered by the user; the account may contain user’s shopping list
Basket section – section of the account allowing addition of goods and services the User wishes to order.
Website – the Internet site in the domain www.ekokubki.pl along with all subpages
Goods and services – each good or payable service offered in Bagdrip online shop; all terms and conditions regarding the goods refer mutatis mutandis to the services
Purchase Contract – the contract for purchase of goods or payable services offered via Bagdrip service online shop through placement of order by a registered user and acceptance of that order by Service Operator.
Commercial information – message regarding goods and services similar or complementary to the goods and services ordered by the User, changes in the basket section and other sections of the User’s account, discounts, bonuses, new offers and other information regarding goods and services available on Bagdrip online shop.
3. Rules of User conduct
- The use of the Bagdrip website requires fulfilment of the following technical conditions:
1.1 unconstrained use of electronic device with Internet connection
1.2 unconstrained use of e-mail account
1.3 adequate internet browser version which is no less than: 38.0 for Mozilla Firefox, 11.0 for Internet Explorer, 32.0 for Opera, 47.0 for Google Chrome, 9.0 for Safari
1.4 screen resolution of no less than 1024 x 768 pixels
- Order placement requires registration because data of the User are necessary for performance. User account is free of charge. User may cancel the account at any time, ordering cancellation at email@example.com. Should the cancellation be required during performance of a purchase contract, it becomes effective after delivery.
3.Registration as Bagdrip account User requires submission of registration form including first name, surname, e-mail and password. The User receives confirmation of successful registration to the e-mail account given in the registration form.
4.Registration on ekokubki.pl allows the User to enter, edit and remove User data, including delivery address, order placement, creation of shopping list, verification of order status, commercial information management; the User may also edit opinion section and allow additional functionalities, made available by Service Operator.
- Reviewing the offer available on bagdrip.pl does not require registration.
6. The User may issue a complaint regarding goods and services available in the Bagdrip online shop, as well as functioning thereof or of the Bagdrip website using one of the following means of communication:
- e-mail address: firstname.lastname@example.org
- traditional post using the address given in § 1 section 2.
The complaint notice requires first name, surname, description of existing issues and occurrence date thereof.
- The complaint notice shall be considered no later than 14 days off reception. The results of consideration shall be reported to the User immediately as these are available.
4. Pricing and payment.
- The prices of goods and services are given as gross amounts – including VAT.
- The shipping costs are presented in the process of order placement so that the Purchaser is free to acquaint oneself with the specific amount and freely consider it before the order is placed. The total amount composed of gross costs of products and associated freight costs is displayed for acceptance before the order is confirmed by the Purchaser.
- The purchase contract is documented with VAT invoice Save for Consumer’s overt wish for traditional postal delivery, the invoice is sent via e-mail. Acceptance of these Terms results in consent for electronic invoicing construed pursuant to the VAT Act of 11.03.2004. Provision of any User data indicating enterprise or commercial activity such as tax ID – NIP, national statistical number REGON, commercial register number KRS, result in recognition of a non-consumer i.e. entrepreneurial status of the User.
- Save for payment on delivery option, where available and duly chosen, the payment constitutes a pre-condition for order placement.
- The available payment methods involve:
- payment on delivery – made to the delivery agent handing over the product; the Purchaser is free to require payment confirmation
- online transfer enabled by one of the following operating agents: PAYPAL POLSKA sp. z o.o. Emilii Plater 53; 00-113 Warszawa KRS: 0000289372, NIP: 5252406419, REGON: 141108225)/ Przelewy24 (group DialCom24 Sp. z o.o. 60-327 Poznań, ul. Kanclerska 15; NIP 781-173-38-52, REGON 634509164; KRS 0000306513) /PayPro SA 60-327 Poznań, ul. Kanclerska 15 NIP 779-236-98-87, REGON 301345068; KRS 0000347935).
5. Conclusion of the purchase contract
- Information on goods and services available on Bagdrip website constitute an invitation to treat construed pursuant to art 71 of Polish Civil Code
- After the order is placed, the User receives an automatically generated e-mail confirmation. This confirmation refers to registration of order but is not the basis for conclusion of the contract. The purchase contract is concluded at the moment of reception of another e-mail in which the Seller confirms availability of product and acceptance of order placed by the User. The final confirming e-mail contains these terms in its content in a link or in the attachment. In case a separate B2B terms are introduced, the order placement for professionals shall take place basing on such terms available on www.ekokubki.pl.
- Consumers notice. Clarification.
- The place of performance of a purchase contract is the delivery address indicated by the Purchaser. The purchase contract is concluded for the time of its performance. The contract for provision of services id concluded for the period indicated in separate provisions accepted by the Parties. In case the period of time is indefinite, each Party may terminate the service contract at any time, unless the contract stipulates a termination period.
6. Product Delivery
- The Seller enjoys unconstrained freedom of choice of the carrier. The Seller may not demand any payments for transportation which have not been presented to and accepted by the User before placement of order.
- For Consumer sale, the risk is passed at the moment of factual handover. For purchase contracts with professional Purchasers, the risk passes at the moment of handover to the first carrier.
- The order accepted by the Seller is performed within the following time limits:
- up to 7 working days – for the Republic of Poland
- up to 14 days for other EU Member States
- For the period individually established and indicated by the Customer Service – for orders from outside EU.
- The non-EU Customer shall acquaint oneself with the expected performance deadline at Customer Service before the relevant order is placed.
7. Quality. Statutory warranty.
- All goods available on Bagdrip are factory new and hermetically sealed. All products have been duly placed on the market of the Republic of Poland, pursuant to all relevant requirements of domestic and EU legal provisions and conformity regulations, including the Regulation 852/2004 and Food Conformity and Safety Act of 25.08. 2006.
- The Consumers are eligible for warranty referred to in art. 556 and further of Polish Civil Code. The professional buyers are not eligible for warranty, as it is hereby excluded in accordance with art. 558 § 1 of Polish Civil Code.
- Consumer notice. Warranty information
- For a defective product, the Purchaser may rescind the purchase contract or demand an adequate price reduction. The Purchaser cannot, however, rescind the contract if the Seller, without inflicting any substantial difficulties upon the Purchaser provides another specimen of a product free of defects or removes the defects immediately on demand. This limitation does not apply if the product has already been substituted or amended by the Seller or if such substitution or amendment has been misperformed.
- The Consumer is free to demand substitution instead of amendment, or amendment instead of substitution, unless the chosen solution is impossible or would result in unreasonable increase of performance cost.
- The reduction in price of a defective product should reflect the ratio of non-conforming to conforming product value.
- Notwithstanding the above, the Purchaser may – alternatively – raise a direct demand for substitution or amendment of a defective product, which the Seller is obliged to perform in timely and practicable manner, without burdening the Purchaser with difficulties.
- The warranty liability of the Seller exists only if the defect becomes evident 2 years off the handover. The warranty claims become non-executable after 1 year since palpability of defect, however no earlier than 2 years since the possession of defective product is transferred upon the Purchaser. The Consumer may rescind the purchase contract (aside from the specific right of rescission, referred to hereunder) or demand contractual price reduction only within the deadlines specified in this point, the lapse of which results in expiration of these rights.
- The defect notification shall be sent via e-mail to the address: email@example.com or via traditional post. A registered post is recommended.
- The defect notification requires name, first name surname and e0mil address of the Consumer, as well as characteristics of the defect, the date of the relevant purchase contract as well as the specific demand of the Consumer.
- Raising warranty demands, the customer is supposed to deliver the defective product to the Seller, so as to allow investigation thereof. The reasonable transportation cost as well as other practicable costs of warranty procedure shall be reimbursed by the Seller.
- Should the defect notification require any amendment or supplementation, the Seller communicates this necessity to the customer. Supplementary notice may be required only to obtain information indispensable for warranty proceedings.
- The warranty notice is proceeded within 14 days off reception. Lack of response before the deadline set forth herein, shall be regarded as acceptance. The response is provided via e-mail as well as through traditional post. The date of the e-mail is relevant for the deadline, in case it comes first.
- In the end of the warranty procedure, the conforming product is delivered to the customer at Seller’s expense.
8. Consumer notice. Special right of rescission for the Consumers.
- Pursuant to art. 27 of the Consumer Protection Act of 30.05.2014 each Consumer placing orders and entering purchase contracts remotely, as construed in DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL – which refers in particular to purchase contracts arising pursuant to these terms – is eligible of a special right of rescission of each purchase contract within 14 days of the day the contract is performed, using the rescission formula in the Appendix 1 hereunder. The rescission does not require any formal justification, still shall be made adherently to the provisions stipulated hereunder.
- Once rescinded, the purchase contract is considered non-existent and void from its inception. The Consumer is thereby obliged to return the Product to the Seller as soon as practicable, no later than 14 days of the act of rescission. Dispatching the product adherently to the deadline fulfils the condition.
- The direct costs of returning the product to the Seller pursuant to the rescission of the purchase contract burdens the Consumer. The Consumer is liable for diminished value of the returned product, unless used only and solely within the scope imminent for determination of its basic characteristics and compliance thereof with the purchase contract. In particular, the Product returned pursuant to rescission should not be damaged.
- The purchase price, including the cost of delivery to the Purchaser, shall be returned to the Consumer no later than 14 days of the day the rescission notice is received by the Seller. The amount is paid using the method of payment initially used by the Consumer, unless the Later expresses overt consent for a distinct manner of transfer. The Seller has a right to withhold the purchase price until the Product is returned or formal confirmation of return is provided.
- Specificity of Bagdrip coffee sachet and other food products – in the context of Consumer rescission
- The specific right of rescission does not apply to:
– products characterised by short expiration date
– products delivered in sealed packages, unfit for use for safety reasons if returned after opening
For food products, the Consumer right of rescission is limited to the goods which packages have not been unsealed or riddled.
Further information on rescission and returning of the products are available at: +48505626622
11. Consumer notice. Availability of extra-court proceedings for Consumers. B2B Jurisdiction.
Non-consumer disputes are subjected to the exclusive jurisdiction of the courts relevant for the registered seat of the Seller.
Each Consumer is entitled to use the specific extra-court proceedings available in the Republic of Poland and described in the link below: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
Each Consumer is entitled to use the specific extra-court proceedings conducted pursuant to the laws of the EU and accessible through the link below: http://ec.europa.eu/consumers/odr
The relevant e-mail address of the Seller: firstname.lastname@example.org
12. Final Provisions.
- The Seller is free to organise special offers. Such sales are conducted pursuant to individual terms of sale displayed on the Website and are always limited by stock availability.
- The Seller/Service Provider is free to alter these Terms, with the effect as of the date stipulated in the altered provisions, however no sooner than the day following the date of the announcement at www.ekokubki.pl.
- Each consecutive version of these terms is available at www.ekokubki.pl in a form allowing identification of validity dates and unconstrained back up of each version.
- Each transaction is subjected to the Terms relevant for the moment of order placement. The Seller/Service Provider is free to introduce two distinct versions of the Terms in order to address Consumer and non-Consumer Purchasers specifically.
13. Choice of Law. Consumer notice on unwaivable rights.
These Terms are subjected to the Laws of the Republic of Poland, with no prejudice to the non-derogable consumer protection laws relevant for the habitual residence of the Consumer.
Consumer notice. Clarification:
Each Country is free to set up consumer protection laws. The Country relevant for the habitual residence of the Consumer has its own set of consumer protection provisions as well. Some of these provisions cannot be derogated by an agreement (non-derogable provisions). These non-derogable provisions give rise to certain rights of the Consumer (unwaivable rights). The Consumer is not deprived of such unwaivable rights even if these rights are not stipulated in these Terms.
14. Copyright disclaimer
All content included in or made available through www.ekokubki.pl, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Bike Café Sp. z o. o. or its content suppliers and protected by copyright laws applicable for the Republic of Poland, EU/EEA or internationally. The compilation of all content included in or made available through www.ekokubki.pl is the exclusive property of Bike Café Sp. z o. o. or its content suppliers.