Terms and Conditions

defining, among others, the rules for concluding sales agreements through the store, containing the most important information about the Seller, the store, and the Consumer’s rights.

TABLE OF CONTENTS

  • § 1 Definitions
  • § 2 Contacting the Seller
  • § 3 Newsletter
  • § 4 Technical Requirements
  • § 5 Shopping in the Store
  • § 6 Account
  • § 7 Payments
  • § 8 Order Fulfillment
  • § 9 Right of Withdrawal from the Agreement
  • § 10 Exceptions to the Right of Withdrawal from the Agreement
  • § 11 Complaints
  • § 12 Personal Data
  • § 13 Reservations
  • § 14 Provisions regarding Buyers who are not Consumers

§ 1 Definitions

Business days – Monday to Friday, excluding public holidays.

Account – a free service of the Store, regulated by a separate set of rules (provided electronically), through which the Buyer can create their individual Account in the Store.

Consumer – a consumer within the meaning of the provisions of the Civil Code.

Buyer/Service Recipient – any entity purchasing in the Store.

Terms and Conditions – these terms and conditions.

Store – an online store operated by BeUp Soft Sp. z o.o., conducted by the Seller at www.beupsoft.pl.

Seller – a business entity operating under the name BeUp Soft Sp. z o.o., registered in the National Court Register under number 0000994939, VAT ID: 5862384981, REGON: 523274190, ul. Śląska 35-37, 81-310 Gdynia.

§ 2 Contacting the Seller

  • Mailing address: ul. Śląska 35-37, 81-310 Gdynia
  • Email address: biuro@beupsoft.com
  • Phone: +48 509 591 159

§ 3 Newsletter

  1. The Service Recipient may voluntarily subscribe to the Newsletter service.
  2. To use the Newsletter service, it is necessary to have a device with an up-to-date web browser supporting JavaScript and cookies, with access to the Internet, and an active email account.
  3. Email messages sent as part of this service will be sent to the email address provided by the Service Recipient at the time of subscribing to the Newsletter.
  4. In order to enter into an agreement and subscribe to the Newsletter service, the Service Recipient, in the first step, provides their email address in the designated field in the Store, where they wish to receive messages sent as part of the Newsletter. Then, the Service Provider will send a verification email message to the email address provided in the first step, containing a link for the Service Recipient to confirm their intent to subscribe to the Newsletter. Once the Service Recipient confirms their intent to subscribe to the Newsletter, an agreement for the provision of the service is concluded, and the Service Provider will commence its provision to the Service Recipient.
  5. The email messages sent as part of the Newsletter will contain information about the option to unsubscribe from the service, as well as an unsubscribe link.
  6. The Service Recipient may unsubscribe from the Newsletter at any time, without stating a reason and without incurring any costs, by using the option described in point 5 or by sending a message to the Service Provider’s email address: biuro@beupsoft.pl.
  7. The Service Recipient’s use of the unsubscribe link or sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the agreement regarding the provision of this service.
  8.  

§ 4 Technical Requirements

  1. For the proper functioning of the Store, the following are necessary:
    1. A device with Internet acces.
    2. An internet browser that supports JavaScript and cookies.
  2. In order to place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 5 Shopping in the Store

  1. The prices of goods displayed in the Store are net prices. Upon selecting a product, the price is increased by the VAT tax.
  2. The Seller points out that the total price of the order consists of the following elements indicated in the Store: the price of the goods and, if applicable, the delivery costs of the goods.
  3. The selected item to be purchased should be added to the cart in the Store.
  4. Then the Buyer selects from the available options in the Store: the method of delivery and the payment method for the order, and provides the necessary data to fulfill the placed order.
  5. The order is placed when its content is confirmed and the Buyer accepts the Terms and Conditions.
  6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
  7. The Seller shall provide the Consumer with confirmation of the conclusion of the sales contract in a durable medium no later than at the time of delivering the goods.
  8. The Buyer may register in the Store, i.e., create an account, or make purchases without registration by providing their data for each respective order.

§ 6 Account

  1. The establishment of an Account is entirely voluntary and dependent on the Buyer’s will.
  2. The Account provides the Buyer with additional possibilities, such as browsing the order history placed by the Buyer in the Store, checking the order status, or independently editing the Buyer’s data.
  3. To create an Account, the Buyer must fill out the appropriate form in the Store.
  4. At the moment of establishing an Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the operation of the Account based on the provisions indicated in these regulations.
  5. The Buyer may resign from the Account at any time without incurring any costs.
  6. To resign from the Account, the Buyer should send their resignation to the Seller at the email address: haftex@haftex.com, which will result in the immediate deletion of the Account and the termination of the agreement regarding the operation of the Account.

§ 7 Payments

  1. Payment for the placed order can be made, depending on the Buyer’s choice:
    1. By a regular bank transfer to the Seller’s bank account
    2. Using the PayU payment platform.

§ 8 Order fulfillment

  1. The Seller is obliged to deliver goods without defects.
  2. The order fulfillment deadline is indicated in the Store.
  3. In the case where the Buyer has chosen prepayment for the order, the Seller will proceed with the order fulfillment after its payment.
  4. In a situation where the Buyer has purchased goods with different fulfillment deadlines within one order, the order will be fulfilled within the deadline appropriate for the goods with the longest deadline.
  5. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
    1. Via a courier company.
    2. Electronically – in the case of digital content.
  6. The Buyer can personally collect the goods at the company’s headquarters during its opening hours, by prior appointment.
  7. In the case of choosing personal pickup by the Buyer, the goods will be ready for pickup within the indicated order fulfillment deadline, or in the case where the Seller has indicated the shipment date, on that date.

§ 9 Right of withdrawal from the agreement

  1. The consumer has the right to withdraw from the agreement concluded with the Seller through the Store, with the reservation specified in § 8 of the Regulations, within 14 days without stating any reason.
  2. The deadline to withdraw from the agreement expires after 14 days from the day:
    1. on which the consumer acquires possession of the goods or on which a third party other than the carrier and indicated by the consumer acquires possession of the goods.
    2.  on which the consumer acquires possession of the last item or on which a third party other than the carrier and indicated by the consumer acquires possession of the last item in the case of an agreement involving the transfer of ownership of multiple items, which are delivered separately.
    3. of concluding the agreement – in the case of an agreement for the supply of digital content.
    4. The consumer may use the withdrawal form template included at the end of the Regulations, although it is not obligatory.
    5. To meet the deadline for withdrawal from the agreement, it is sufficient for the consumer to send information regarding the exercise of their right to withdraw from the agreement before the withdrawal deadline.
  3. In order for the consumer to exercise the right to withdraw from the agreement, they must inform the Seller, using the contact details provided in § 2 of the Regulations, about their decision to withdraw from the agreement by means of an unambiguous statement (e.g., a letter sent by post or information provided via email).

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

  1. In the event of withdrawal from the concluded contract, the Seller shall refund the Consumer all payments received from them, including the costs of delivery of the goods (excluding additional costs resulting from the Consumer’s chosen method of delivery other than the cheapest regular method of delivery offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal from the contract.
  2. The Seller shall make the refund using the same means of payment as the Consumer used in the initial transaction unless the Consumer has expressly agreed otherwise. In any case, the Consumer shall not incur any fees as a result of the refund.
  3. The Seller may withhold the refund until the goods are received or until the Consumer provides proof of their return, whichever occurs first.
  4. The Seller requests that the goods be returned to the following address: ul. Śląska 35-37, room C203, 81-310 Gdynia, immediately and in any case no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the sales contract. The deadline is deemed met if the Consumer sends the goods back before the expiration of the 14-day period.
  5. The Consumer bears the direct costs of returning the goods.
  6. The Consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
  7. If, due to their nature, the goods cannot be returned by regular mail, the Consumer will also be responsible for the direct costs of returning the goods. The estimated amount of these costs will be provided to the Consumer by the Seller in the product description in the Store or during the ordering process.
  8. In the event of a refund for a transaction made by the Consumer using a payment card, the Seller will make the refund to the bank account associated with that payment card.
  9. PayU payment commission, unless refunded to the Seller, is a cost incurred by the Buyer.

§ 10 Exceptions to the right of withdrawal from the contract

  1. The right of withdrawal from a distance contract does not apply to the Consumer with regard to a contract:
    1. for software acquired from third-party companies, in which case the Seller acts only as an intermediary. In this case, the Seller will request a refund from the third-party companies, but does not guarantee such a refund.
    2. for goods that are non-prefabricated and are produced according to the Consumer’s specifications or are clearly personalized.
    3. for goods that are liable to deteriorate rapidly or have a short shelf life.
    4. for goods delivered in sealed packaging that cannot be returned once opened due to health protection or hygiene reasons, if the packaging was opened after delivery.
    5. for goods that are inseparably mixed with other items after delivery, due to their nature.
    6. for audio or video recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery.
    7. for goods with a price or remuneration dependent on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiration of the withdrawal period.
    8. for the supply of digital content that is not stored on a tangible medium, if the performance has begun with the explicit consent of the Consumer before the expiration of the withdrawal period and after being informed by the entrepreneur about the loss of the right of withdrawal from the contract.

§ 11 Complaints

  1. In the event of a defect in the goods, the Buyer has the possibility to lodge a complaint regarding the defective goods based on the provisions of the Civil Code concerning warranty or guarantee, if a guarantee has been provided.
  2. By exercising the warranty, the Buyer may, according to the rules and within the time limits specified in the Civil Code:
    1. submit a declaration of price reduction.
    2. in the case of a significant defect, submit a declaration of withdrawal from the contract.
    3. demand the exchange of the goods for defect-free ones.
    4. demand the removal of the defect.
  3. The Seller requests that complaints based on warranty be sent by post or email to the address specified in § 2 of the Regulations.
  4. If it turns out that it is necessary to return the advertised goods to the Seller for the complaint to be considered, the Buyer is obliged to deliver the goods, at the Seller’s expense in the case of a Consumer, to the following address: ul. Śląska 35-37, room C203, 81-310 Gdynia.
  5. If a separate guarantee has been granted for the goods, information about it, as well as its terms, is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be directed to the email address indicated in § 2 of the Regulations.
  7. The Seller shall consider the complaint within 14 days.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

  1. In the event of withdrawal from the contract, the Consumer has the right to request mediation from the relevant territorial Provincial Inspectorate of Trade Inspection. The mediation procedure is generally free of charge. The list of Inspectorates can be found at: www.uokik.gov.pl/wazne_adresy.php#faq595
  2. The Consumer may also seek assistance from the relevant territorial permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection by submitting an application for the case to be considered by the arbitration court. The arbitration procedure is generally free of charge. The list of courts is available at: www.uokik.gov.pl/wazne_adresy.php#faq596
  3. The Consumer has the right to free assistance from the municipal or district Consumer Ombudsman.
  4. The Consumer can also use the online ODR platform available at:

§ 12 Personal Data

  1. The Seller is the administrator of the personal data provided by the Buyer during the use of the Store. Detailed information regarding the processing of personal data by the Seller, including other purposes and legal grounds for processing the data, as well as recipients of the data, can be found in the Privacy Policy available in the Store, in accordance with the transparency principle contained in the General Data Protection Regulation (GDPR).
  2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal basis for processing personal data in this case is:
    1. the sales contract or actions taken at the request of the Buyer aimed at its conclusion (Art. 6(1)(b) of the GDPR),
    2. the legal obligation incumbent on the Seller related to accounting (Art. 6(1)(c) of the GDPR), and
    3. the legitimate interest of the Seller, consisting of processing data to establish, assert, or defend against potential claims (Art. 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary but necessary for the conclusion of a sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Store.
  4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
    1. the legal obligation requiring the Seller to process the Buyer’s data ceases to exist,
    2. the possibility of asserting claims by the Buyer or the Seller related to the sales contract concluded by the Store ceases to exist,
    3. the Buyer’s objection to the processing of their personal data is accepted – in the case where the legal basis for processing was the legitimate interest of the Seller, depending on what is applicable in a particular case and what occurs at the latest.
  5. The Buyer has the right to request:
    1. access to their personal data,
    2. rectification of their data,
    3. erasure of their data,
    4. restriction of processing,
    5. data portability to another data controller,
    6. and the right to object to the processing of their personal data at any time, based on grounds relating to their particular situation – regarding the processing of their personal data based on Art. 6(1)(f) of the GDPR (i.e., the legitimate interests pursued by the data controller).
    1. To exercise their rights, the Buyer should contact the Seller using the contact details provided in § 2 of the Regulations.
    2. If the Buyer believes that their data is being processed unlawfully, they have the right to lodge a complaint with the President of the Personal Data Protection Office.

§ 13 Reservations

  1. It is prohibited for the Buyer to provide unlawful content.
  2. Each order placed in the Store constitutes a separate sales contract and requires a separate acceptance of the Regulations. The contract is concluded for the purpose of fulfilling the order.
  3. Agreements concluded based on these regulations are made in the Polish language.
  4. None of the provisions of these regulations exclude or limit the rights of the Consumer arising from legal provisions.
  5. The provisions regarding goods and sales contracts shall also apply accordingly to digital content and agreements for the supply of digital content, unless the Regulations specify these matters separately.

§ 14 Provisions Regarding Buyers Who Are Not Consumers

  1. The right of withdrawal from a distance contract does not apply to entities other than Consumers.
  2. Any liability of the Seller towards a Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.
  3. The Seller’s liability for warranty in relation to a Buyer who is not a Consumer is limited to one year from the delivery of the goods to the Buyer.
  4. In the event of a potential dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the Seller’s registered office.

Below is a template of a withdrawal form that the Consumer can, but is not obligated to, use.

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