Statute
ONLINE STORE REGULATIONS
BALTICUS-WATCHES.COM
CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS RELATING TO ENTREPRENEURS
10. PRODUCT OPINIONS
11. ILLEGAL CONTENT AND OTHER CONTENT NOT IN ACCORDANCE WITH THE RULES
12. FINAL PROVISIONS
13. WITHDRAWAL FORM SAMPLE
These Online Store Regulations was prepared by lawyers from the website Prokonsumencki.pl . The www.balticus-watches.com online store protects consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Contract provisions that are less favorable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred by mandatory provisions of law, and any potential doubts should be resolved to the consumer's benefit. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.balticus-watches.com is operated by BALTICUS SPÓŁKA AKCYJNA with its registered office in Rekowo Górne (registered office address: ul. Osiedlowa 12/1, 84-123 Rekowo Górne and address for service: ul. 10 Cała 25, 81-533 Gdynia); entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000823049; registry court where the company documentation is kept: District Court Gdańsk - Północ Gdańsku, 8th Commercial Division of the National Court Register; share capital in the amount of: PLN 12,500,725.00; NIP: 5871724531; REGON: 385485602; e-mail address: info@balticus-watches.com and contact telephone number: +48 512 344 220.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, for the period, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the principles regarding the processing of personal data by the Controller in the Online Store, including the grounds, purposes, and period of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
1.4.2. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.4. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.6. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.7. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.8. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users who use it to automatically receive from the Service Provider the periodic content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.9. ILLEGAL CONTENT – information that, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State that complies with European Union law, regardless of the specific subject matter or nature of that law.
1.4.10. PRODUCT – a movable item that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.11. PRE-SALE – a sales model in which the deadline for the execution of the Sales Agreement by the Seller is counted from the date of the official release of the Product, marked on the Online Store website as “ Pre-Sale ”, “ Pre-premiere ”, “ Pre-Order ” or other equivalent information along with the planned date of its official premiere.
1.4.12. REGULATIONS – these regulations of the Online Store.
1.4.13. ONLINE STORE – the online store of the Service Provider available at the following Internet address: www.balticus-watches.com .
1.4.14. SELLER; SERVICE PROVIDER – BALTICUS SPÓŁKA AKCYJNA with its registered office in Rekowo Górne (registered office address: ul. Osiedlowa 12/1, 84-123 Rekowo Górne and address for service: ul. 10 Cała 25, 81-533 Gdynia); entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000823049; registry court where the company documentation is kept: District Court of Gdańsk - Północ Gdańsku, 8th Commercial Division of the National Court Register; share capital in the amount of: PLN 12,500,725.00; NIP: 5871724531; REGON: 385485602; e-mail address: info@balticus-watches.com and contact telephone number: +48 512 344 220.
1.4.15. SALES AGREEMENT – a Product sales agreement (in the case of movable items and movable items with digital elements), (2) a Product delivery agreement (in the case of digital content or a digital service), (3) a Product provision or use agreement (in the case of a non-digital service and other Products) concluded or entered into between the Customer and the Seller via the Online Store.
1.4.16. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.
1.4.17. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.18. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.4.19. ORDER – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account – The Account can be used after the Service User completes two consecutive steps: (1) completing the Registration Form, (2) clicking the " Log in " field, and (3) entering the verification code sent to the email address provided by the Service User in the Registration Form. The Registration Form requires the Service User to provide the following information: email address.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: info@balticus-watches.com or in writing to: ul. 10 Cała 25, 81-533 Gdynia.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the " Pay now " field on the Online Store website after completing the Order Form – until then, the Customer can modify the entered data independently (to do this, follow the displayed messages and the information available on the Online Store website). The Order Form requires the Customer to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).
2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed via it or when the Service User stops placing the Order via it earlier.
2.1.3. Newsletter – the Newsletter is used after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the action field.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: info@balticus-watches.com or in writing to: ul. 10 Cała 25, 81-533 Gdynia.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a current version of the Internet browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling Cookies and Javascript support in the Internet browser.
2.3. The Service User is obligated to use the Online Store in a manner consistent with the law and good practice, with due regard for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide accurate data. The Service User is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price or remuneration displayed on the Online Store website is given in Polish zloty and includes taxes. The total price or remuneration, including taxes, and if the nature of the Product does not allow for a reasonable calculation in advance, the method of calculation, as well as delivery costs (including transportation, delivery, and postal charges) and other costs, and if these charges cannot be determined, the obligation to pay them, are communicated to the Customer on the Online Store website, including during the Order placement process and when the Customer expresses their intention to be bound by the Sales Agreement. In the case of a Product Sales Agreement concluded for an indefinite period or involving a subscription, the Seller will provide the total price or remuneration covering all payments for the billing period in the same manner, and if the Sales Agreement provides for a fixed rate, the total monthly payments as well.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the email referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment in cash on delivery upon receipt of the shipment.
4.1.2. Payment by transfer to the Seller's bank account.
4.1.3. Electronic payments and card payments via Przelewy24.pl, Shopify Payments – the current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://www.przelewy24.pl/, https://help.shopify.com/en/manual/payments.
4.1.3.1. Electronic payment and card transactions are settled according to the Customer's choice via Przelewy24.pl and Shopify Payments. Electronic and card payments are handled by:
4.1.3.1.1. Przelewy24.pl – PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, share capital: PLN 5 476 300.00, Tax Identification Number (NIP) 7792369887, National Business Registry Number (REGON) 301345068.
4.1.3.1.2. Shopify Payments - Shopify International Limited, company identification number: 560279, registered office address: Victoria Buildings, 2nd Etage, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
4.2. Maturity:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 1 calendar day from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay cash on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
5.1. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the delivery information tab and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.
5.2. The Seller provides the Customer with the following methods of delivery of the Product:
5.2.1. Courier shipment, cash on delivery courier shipment.
5.2.2. Parcel with collection at a parcel machine or collection point.
5.3. The delivery time for a Product to the Customer is up to 3 Business Days, unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest specified time, which, however, cannot exceed 3 Business Days. The beginning of the delivery time for a Product to the Customer is calculated as follows:
5.3.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account – subject to the provisions of point 5.3.3.
5.3.2. If the Customer chooses cash on delivery as a payment method – from the date of conclusion of the Sales Agreement – subject to the provisions set out in point 5.3.3.
5.3.3. In the case of a Product offered in Pre-Order, the delivery time of the Product cannot start earlier than on the date of the Product's release, which is indicated in each case in the description of the Product that is the subject of the Pre-Order.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be filed, for example:
6.2.1. in electronic form via e-mail to the following address: reklamacje@balticus-watches.com.
6.3. It is recommended that the complaint description include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction, withdrawal from the contract, or other claim; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.4. If the contact details provided by the complainant change during the complaint processing, he or she is obliged to notify the Seller thereof.
6.5. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint to the complaint. The Seller may also request that the complainant provide additional information or send evidence (e.g., photos) if this will facilitate and expedite the Seller's review of the complaint.
6.6. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.7. The basis and scope of the Seller's statutory liability are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Below is additional information regarding the Seller's liability for the Product's compliance with the Sales Agreement, as provided for by law:
6.7.1. In the event of a complaint regarding a Product – a movable item (including a movable item with digital elements) , excluding a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller on January 1, 2023, the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of a Product's non-conformity with the Sales Agreement.
6.7.2. In the event of a complaint regarding a Product – digital content or service or a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller on or before January 1, 2023 , if the delivery of such Product was to take place or took place after that date, the provisions of the Consumer Rights Act in the wording applicable from January 1, 2023, in particular Articles 43h – 43q of the Consumer Rights Act, shall apply. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of a Product's non-conformity with the Sales Agreement.
6.8. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be invoked when the Product is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including details of the entity responsible for fulfilling the warranty and the entity authorized to exercise it, are available in the warranty description, e.g., in the warranty card or elsewhere regarding the warranty. The Seller indicates that in the event of non-conformity of the Product with the contract, the Customer is legally entitled to legal remedies from and at the Seller's expense, and that the warranty does not affect these legal remedies.
6.9. The provisions regarding consumers contained in points 6.8.1. and 6.8.2 of the Regulations also apply to a Customer who is a natural person concluding a contract directly related to his or her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of his or her business activity, made available under the provisions on the Central Register and Information on Business Activity.
7. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Out-of-court dispute resolution methods include (1) facilitating a reconciliation of the parties' positions, e.g., through mediation; (2) proposing a resolution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a resolution on the parties, e.g., through arbitration. Detailed information on the possibility for Customers who are consumers to use out-of-court complaint and claim resolution procedures, the rules for accessing these procedures, and a user-friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/ .
7.2. The President of the Office of Competition and Consumer Protection has a contact point whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. Consumers can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. A consumer has the following examples of options for using out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by email at porad@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (the helpline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call charges apply according to the operator's tariff).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in electronic form via e-mail to the following address: info@balticus-watches.com.
8.2. The return of the Product - movable items (including movable items with digital elements) as part of the withdrawal from the contract may take place as part of the Door2Door service (in which case the consumer is asked to notify the Seller of such a desire, who will arrange for the Product to be collected from the Customer) or (in the event of not wishing to use the Door2Door service) to the following address: ul. 10 Cała 25, 81-533 Gdynia.
8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in Section 13 of the Regulations. Consumers may use the form, but it is not mandatory.
8.4. The deadline for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obligated to immediately, and no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (excluding additional costs resulting from the consumer's choice of a delivery method other than the least expensive standard delivery method available in the Online Store). The Seller will refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not incur any costs for them. In the case of Products – movable items (including movable items with digital elements), if the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of sending it back, whichever occurs first.
8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obligated to immediately, no later than 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to return the Product before its expiry.
8.6.3. The Consumer is liable for any reduction in the value of the Product - a movable item (including a movable item with digital elements) - resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products – digital content or digital services:
8.7.1. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the Seller, from the date of receipt of the consumer's declaration of withdrawal from the contract, may not use content other than personal data provided or created by the consumer during the use of the Product – digital content or a digital service – provided by the Seller, with the exception of content that: (1) is useful solely in connection with the digital content or digital service that formed the subject of the contract; (2) relates exclusively to the consumer's activity when using the digital content or digital service provided by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from it or can only be separated with disproportionate effort; (4) was created by the consumer jointly with other consumers who may still use it. Except for the cases referred to in points (1)–(3) above, the Seller, at the consumer's request, shall make available to the consumer content other than personal data that was provided or created by the consumer during the use of the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer's rights referred to in the preceding sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used, machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of a Product – digital content or a digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
8.8. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for any additional costs incurred by him.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product – a service whose performance – at the consumer's express request – began before the expiry of the withdrawal period, the consumer who exercises the right to withdraw from the contract after submitting such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated proportionally to the scope of the services provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the services provided.
8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the Seller has performed the service, the consumer will lose the right to withdraw from the contract and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer’s specification or serving to satisfy their individual needs; (4) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery; (6) in which the subject of the provision are Products - movable items (including movable items with digital elements) - which after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) where the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) where the consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) where the subject of the provision are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the provision commenced that after the Seller had fulfilled the service, the consumer would lose the right to withdraw from the contract, and the consumer acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, for which the consumer has expressly requested the Seller to come to them for repairs and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions contained in this point 8 of the Regulations concerning consumers also apply to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Client or Service Recipient who is not a consumer or a natural person concluding a contract directly related to his or her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him or her, made available under the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without providing a reason and does not give rise to any claims by the Customer against the Seller.
9.3. The Seller's liability under the warranty for the Product or the lack of conformity of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending an appropriate declaration to the Service Recipient.
9.7. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement, but not to more than one thousand Polish zloty. The limit referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and is not liable for lost profits. The Seller is also not liable for delays in shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. PRODUCT OPINIONS
10.1. The Seller enables its Customers to post and access opinions about the Products and the Online Store on the terms specified in this section of the Regulations.
10.2. Customers can submit a review by using the form for adding a review of a Product or the Online Store. This form can be made available directly on the Online Store's website (including via an external widget) or via a personalized link sent to the email address provided by the Customer after purchase. When adding a review, the Service User can also add a graphical rating or a photo of the Product – if this option is available in the review form.
10.3. A Product Review may only be submitted for Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product being reviewed. It is prohibited to enter into fictitious or sham Sales Agreements for the purpose of submitting a Product Review. A review of the Online Store may only be submitted by a person who is a Customer of the Online Store.
10.4. Customers who post reviews may not use them for any illegal activity, in particular for any activity constituting unfair competition or violating personal rights, intellectual property rights, or other rights of the Seller or third parties. When posting a review, the Customer is obligated to act in accordance with the law, these Terms and Conditions, and good practice.
10.5. Opinions may be made available directly on the Online Store website (e.g. next to a given Product) or on an external website collecting opinions with which the Seller cooperates and to which the Seller refers on the Online Store website (including via an external widget placed on the Online Store website).
10.6. The Seller ensures that published Product reviews originate from Customers who have purchased the Product. To this end, the Seller takes the following steps to verify that the reviews originate from Customers:
10.6.1. The Seller sends its Customers (including via an external opinion collection service with which it cooperates) an individual link to the e-mail address provided by the Customer during the purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.
10.6.2. In the event of any doubts or reservations directed to the Seller by other Customers or third parties as to whether a given opinion comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is actually a Customer of the Online Store or has purchased the Product being reviewed.
10.7. Any comments, appeals against the verification of an opinion, or reservations as to whether a given opinion comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaints procedure indicated in point 6 of the Regulations.
10.8. The Seller does not post or commission any other person to post false Customer reviews or recommendations, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.
11. ILLEGAL CONTENT AND OTHER CONTENT NOT IN ACCORDANCE WITH THE RULES
11.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act as they apply to the Online Store and the Service Provider. The Service User is generally not obligated to provide content when using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g., data required for placing an Order). The Service User may be able to add a review or comment in the Online Store using tools provided for this purpose by the Service Provider. In any case, the Service User is obligated to comply with the rules contained in the Terms and Conditions.
11.2. CONTACT POINT - The Service Provider designates the email address info@balticus-watches.com as a single point of contact. The contact point enables direct communication between the Service Provider and Member State authorities, the European Commission, and the Digital Services Council, and simultaneously enables service recipients (including Service Recipients) to communicate directly, quickly, and user-friendly with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its contact point.
11.3. Procedure for reporting Illegal Content and action under Article 16 of the Digital Services Act:
11.3.1. Any person or entity may report to the Service Provider the presence of specific information that such person or entity considers to be Illegal Content by sending an email to info@balticus-watches.com.
11.3.2. The report must be sufficiently precise and well-founded. For this purpose, the Service Provider allows and facilitates reports to the email address provided above, containing all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information being reported constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information enabling the identification of the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the reporting person or entity, except in the case of a report concerning information believed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the reporting person or entity that the information and allegations contained therein are accurate and complete.
11.3.3. The report referred to above shall be deemed to constitute actual knowledge or information for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine – without detailed legal analysis – the illegal nature of the activity or information in question.
11.3.4. If the report includes electronic contact information for the person or entity submitting the report, the Service Provider will, without undue delay, send such person or entity acknowledgment of receipt of the report. The Service Provider will also, without undue delay, notify such person or entity of its decision regarding the information to which the report relates, including information on how to appeal the decision.
11.3.5. The Service Provider will review all reports it receives through the mechanism referred to above and will make decisions regarding the information reported in a timely, non-arbitrary, objective, and diligent manner. If the Service Provider uses automated means for such review or decision-making, it will include this information in the notification referred to in the previous paragraph.
11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by Service Users:
11.4.1. The following rules apply to the Service Recipient when providing any content within the Online Store:
11.4.1.1. the obligation to use the Online Store, including posting content (e.g. as part of opinions or comments), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good practices, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties;
11.4.1.2. the obligation to provide content that is factually accurate and not misleading;
11.4.1.3. prohibition of providing content of an illegal nature, including the prohibition of providing Illegal Content;
11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;
11.4.1.5. a ban on providing content that violates generally accepted rules of netiquette, including vulgar or offensive content;
11.4.1.6. the obligation to have – where necessary – all required rights and permits to provide such content on the Online Store website, in particular copyrights or the required licenses, permits and consents for their use, dissemination, making available or publication, in particular the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7. the obligation to use the Online Store in a way that does not pose a threat to the security of the IT system of the Service Provider, the Online Store or third parties.
11.4.2. The Service Provider reserves the right to moderate content provided by Service Users to the Online Store. Moderation is carried out in good faith and with due diligence, and on the Service Provider's own initiative or upon receipt of a report, in order to detect, identify, and remove Illegal Content or other content that violates the Terms and Conditions, or to prevent access to it, or to take necessary measures to comply with European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
11.4.3. The moderation process may be performed manually by a human or may rely on automated or partially automated tools to help the Service Provider identify Illegal Content or other content that violates these Terms and Conditions. After identifying such content, the Service Provider will decide whether to remove or disable access to the content, otherwise limit its visibility, or take other actions it deems necessary (e.g., contact the Service User to clarify any objections and amend the content). The Service Provider will clearly and easily understandably inform the Service User who provided the content (if they have their contact information) of its decision, the reasons for it, and the available options for appealing the decision.
11.4.4. When exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedoms.
11.5. Any comments, complaints, appeals, or objections regarding decisions or other actions, or lack of action, taken by the Service Provider based on a submitted notification or a decision made by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in accordance with the complaints procedure specified in Section 6 of the Terms and Conditions. This procedure is free of charge and allows for the submission of complaints electronically to the email address provided. Using the complaints procedure is without prejudice to the right of the person or entity concerned to initiate legal proceedings and does not violate their other rights.
11.6. The Service Provider will consider all comments, complaints, appeals, or objections regarding decisions or other actions, or lack of action, taken by the Service Provider based on a report received or a decision made, in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to determine that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not illegal and inconsistent with the Terms of Service, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider will, without undue delay, rescind or amend its decision regarding the possible removal or disabling of access to the content, or otherwise limiting its visibility, or will take other actions it deems necessary.
11.7. Service Users, persons or entities who have reported Illegal Content and to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Terms of Service are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes regarding these decisions, including complaints that have not been resolved within the Service Provider's internal complaint handling system.
12. FINAL PROVISIONS
12.1. Contracts concluded via the Online Store are concluded in Polish.
12.2. Changes to the Regulations:
12.2.1. The Service Provider reserves the right to amend these Regulations for important reasons, i.e.: changes in legal provisions; changes in methods or terms of payment or delivery, being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other threats to cybersecurity – to the extent to which these changes affect the implementation of the provisions of these Regulations.
12.2.2. Notification of proposed changes will be sent at least 15 days before the changes take effect, provided that a change may be implemented without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation that requires it to amend the Terms and Conditions in a manner that prevents it from meeting the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counteract an unforeseen and imminent threat to the protection of the Online Store, including Electronic Services, and Service Recipients/Customers against fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases referred to in the preceding sentence, the changes will be implemented immediately, unless a longer implementation period is possible or necessary, of which the Service Provider will notify each time.
12.2.3. In the case of ongoing contracts (e.g., the provision of an Electronic Service – Account), the Service User has the right to terminate the contract with the Service Provider before the expiry of the notification period for proposed changes. Such termination becomes effective within 15 days of receipt of the notification. In the case of an ongoing contract, the amended Terms and Conditions are binding on the Service User if they were properly notified of the changes in accordance with the notification period before their introduction and did not terminate the contract during that period. Additionally, at any time after receiving notification of the changes, the Service User may accept the changes and thus opt out of the further notice period. In the case of an agreement other than ongoing contracts, changes to the Terms and Conditions will not in any way affect the rights acquired by the Service User prior to the effective date of the changes to the Terms and Conditions. In particular, changes to the Terms and Conditions will not affect Orders already placed or submitted, or Sales Agreements concluded, executed, or performed.
12.2.4. If a change to the Regulations results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
12.3. This point 12.3. of the Regulations and all provisions contained therein are intended to meet the information obligations incumbent on equipment distributors within the meaning of Art. 4 point 2 of the Act of 11 September 2015 on waste electrical and electronic equipment (Journal of Laws of 2015, item 1688, as amended).
12.3.1. It is prohibited to dispose of used electrical and electronic equipment (marked with the selective collection symbol) with other waste. Owners of used household equipment are obligated to hand it over to a waste equipment collector or an entity authorized to collect used equipment.
12.3.2. The seller is obliged to collect waste equipment from households free of charge at its points of sale, provided that the waste equipment is of the same type and has served the same functions as the equipment sold.
12.3.3. When delivering household equipment to the Customer, the Seller is obligated to collect used household equipment free of charge at the delivery location, provided the used equipment is of the same type and served the same purpose as the delivered equipment. In the above-mentioned case, the desire to return used equipment to the Seller can be expressed in the notes to the Seller when placing the Order or by sending a message to info@balticus-watches.com immediately after the Customer places the Order.
12.3.4. The customer, without having to purchase new equipment, has the option of returning used household equipment, none of whose external dimensions exceeds 25 cm, to any store with a sales area of at least 400 m2 dedicated to the sale of household equipment.
12.3.5. The Seller may refuse to accept: (1) waste equipment which, due to its contamination, poses a threat to the health or life of persons receiving the waste equipment; and (2) incomplete waste equipment and parts originating from waste equipment, the collection of which is prohibited in accordance with Art. 35 sec. 1 of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended).
12.3.6. In the above cases, the Customer may hand over the used equipment to the appropriate waste equipment collection point or entity operating a processing plant.
12.3.7. Examples of waste equipment collection points in the Puck district: (1) PUCKA GOSPODARKA KOMUNALNA Sp. z o.o., ul. Zamkowa 6, 84-100 Puck, (2) KROKOWSKIE PRZEDSIĘBIORSTWO KOMUNALNE Sp. z o.o., ul. Gdańska 78, 84-120 Władysławowo.
12.3.8. Information about all waste equipment collection points throughout the country is available by using the search engine in the state register of entities – BDO at the following internet address: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.
12.3.9. Pursuant to the Act of 24 April 2009 on batteries and accumulators (Journal of Laws 2009, item 79, item 666, as amended), the Seller is obliged to accept used batteries (within the meaning of the Act on batteries and accumulators) and used accumulators (within the meaning of the Act on batteries and accumulators) from the Customer who is the end user within the meaning of the Act on batteries and accumulators.
12.4. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
12.5. These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be derogated from by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection afforded to them under the provisions that cannot be derogated from by agreement.
13. WITHDRAWAL FORM SAMPLE
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
BALTICUS JOINT STOCK COMPANY
10 February 25, 81-533 Gdynia
balticus-watches.com
info@balticus-watches.com
– I/We(*) hereby give notice of my/our withdrawal from the contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for specific work consisting in the production of the following goods(*)/contract for the provision of the following service(*)
– Date of conclusion of the contract(*)/acceptance(*)
– Name and surname of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if the form is submitted in paper form)
– Date