Account – a free-of-charge function of the Shop (service) which allows the Buyer to register his/her own individual Account at the Shop and which is regulated by the present Terms and Conditions.
Buyer – any entity making a purchase at the Shop whose habitual residence is in the European Union.
Shop – Batna24 online shop maintained by the Seller under: http://149.202.73.206:4200/, dedicated to Buyers.
Seller – Batna spółka z ograniczoną odpowiedzialnością (Limited liability company), with its registered seat at ul. Boznańskiej Olgi 3E, 42-202 Częstochowa, entered into the National Court Register – register of entrepreneurs kept by the District Court in Częstochowa, 17th Commercial Division of the National Court Register under KRS number: 0001003926, NIP number [tax identification number]: 5732901461, REGON number [National Business Registry number]: 380387214.
§ 2 SELLER’S CONTACT DETAILS
Postal address: ul. 1 Maja 23, 42-217 Częstochowa, Poland.
The basic tariff of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. The Seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer's operator.
§ 3 TECHNICAL REQUIREMENTS
Proper set-up and functioning of the account requires:
a) an active e-mail account,
b) a computer/mobile phone with Internet access;
c) a web browser supporting JavaScript and cookies
Using ad-blocking solutions in the web browser might limit the functionality of the Shop and the Account.
§ 4 ACCOUNT
The Buyer creates an Account voluntarily.
The Account provides the Buyer with additional options, such as: reviewing the order history of orders placed by the Buyer at the Shop, checking the order status or editing his/her data independently.
To create an Account, the Buyer needs to fill out a proper form at the Shop.
The creation of the Account entails the conclusion of the contract for an unspecified term between the Buyer and the Seller relating to management of the Account on the terms specified in the Terms and Conditions.
The Buyer can delete the Account without incurring any costs.
In order to delete the Account, the Buyer should send a resignation declaration to the following e-mail address: [email protected]
as a result, the Account will be deleted and the contract relating to management of the Account will be terminated.
§ 5 COMPLAINTS
Complaints regarding the functioning of the Account should be sent to the following e-mail address: [email protected]
The Seller will review the complaint within the period of 14 days.
OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
In the case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
a) The assistance of a competent European Consumer Centre of the EEC-Net. Such Centres provide Consumers with information about their rights and assist them in solving individual problems with cross-border transactions.
The assistance of Consumer Centres is free-of-charge by default.
A list of Consumer Centres competent for each country can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html b) Online Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
Furthermore, the following support options are available in the Republic of Poland:
a) Mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default.
The list of Inspectorates is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq595 b) Free-of-charge assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596 c) Free-of-charge assistance of the municipal or poviat consumer advocate.
§ 6 PERSONAL DATA
Personal data provided by the Buyer for the purpose of using the Account are administrated by the Seller. Detailed information regarding the the processing of personal data by the Seller – including the other purposes and the basis of data processing, as well as data recipients – are available in the Privacy Policy of the Shop – due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.
The purpose of processing the Buyer’s data is maintaining an Account. The basis for the processing of personal data in this case is a contract for the provision of services or activities undertaken at the Buyer's request in order to conclude that contract (Article 6(1)(b) of the GDPR), as well as legitimate interest of the Seller, consisting in the processing of data to determine, assert or defend any potential claims (Article 6(1)(f) of the GDPR).
Providing data by the Buyer is voluntary, however necessary for maintaining of an Account to be possible. Failure to provide data means that the Seller will not be able to provide the management service for the Account.
The Buyer's data will be processed until:
a) the possibility of pursuing claims related to the Account by the Buyer or the Seller ceases;
b) b) the Buyer's objection against the processing of his/her personal data is accepted – if the basis for data processing was a legitimate interest of the Seller
– depending on whichever is applicable in that case and whichever is later.
Furthermore, the Buyer has the right to:
a) access his/her personal data,
b) change them
c) erase them
d) restrict their processing
e) demand the transfer of the data to a different controller also, the Buyer has the right to:
f) object at any time to the processing of data for reasons related to the Buyer's specific situation– in the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on a legitimate interest pursued by the controller).
In order to exercise his/her rights, the Buyer should contact the Seller.
If the Buyer finds that his/her data is being processed unlawfully, the Buyer may submit a complaint to the Supervisory Authority.
§ 7 RESTRICTIONS
The Buyer is forbidden to provide content of illegal nature.
The contract on managing the Account is concluded in Polish.
In the case of any substantial reasons which are referred to in subsection 4, the Seller has the right to change the present Account Terms and Conditions.
The substantial reasons referred to in subsection 3 include:
a) the need to adapt the Shop to the provisions of the law applicable to the Shop’s activity
b) improving safety of the services provided
c) changes in the functionality of the Account which require modifications in of the Account Terms and Conditions.
The Buyer will be informed about the planned changes in the Account Terms and Conditions via an e-mail sent to the address assigned to the Account at least 7 days before they come into force.
If the Buyer does not accept the planned change, he/she should inform the Seller about it by sending an adequate message to the Seller's e-mail address:[email protected] which will result in the termination of the contract regarding the Account management upon the entry into force of the planned change, or earlier, if the Buyer so requests.
If the Buyer fails to object to the planned changes before the date of its entry into force, it is assumed that he/she accepts them. However, it does not prevent him/her from terminating the contract in the future.
Any contract concluded on the basis of these Terms and Conditions is governed by the provisions of the Polish law, provided that this choice does not result in a situation where the Consumer loses protection afforded to him/her based on mandatory provisions of law, which would apply if this law had not been selected. In such cases the provisions most favourable to the Consumer shall prevail.
Any dispute arising between the Seller and the Buyer who is not a Consumer will be submitted to the court competent for the Seller’s registered seat.
No provision of the present Terms and Conditions waives or restricts in any way the Consumer's rights imposed by the provisions of law.
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