Yönetmelik

§ 1 Definitions

Business Days – Monday through Friday with the exception of public holidays in Poland.

Account – a free-of-charge function of the Shop (online service), regulated by separate Terms and Conditions, which allows the Buyer to register his/her own individual Account at the Shop.

Consumer – consumer within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

Buyer – any entity making a purchase at the Shop whose habitual residence is in the European Union.

Terms and Conditions – these Terms and Conditions.

Shop – Batna24 online Shop, maintained by the Seller under the following address: https://www.batna24.com/

Seller – Batna Spółka z ograniczoną odpowiedzialnością, with its registered seat at ul. Boznańskiej Olgi 3E, 42-202 Częstochowa, entered into the National Court Register – register of entrepreneurs kept by the Regional 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.

Order – an offer of concluding a sales contract for a good presented in the Shop, within the meaning of the Civil Code, placed by the Buyer to the Seller via the Shop, containing at least: the designation of the good, its price and the cost of delivery.

§ 2 Seller’s contact details

Postal address: 1 Maja St, Unit 23, 42-217 Częstochowa, Poland.
Email address: [email protected]
Address for returning goods (in the case of withdrawal from the contract): 1 Maja St, Unit 23, 42-217 Częstochowa, Poland.
Address for shipping goods which are subject to complaints: 1 Maja St, Unit 23, 42-217 Częstochowa, Poland - with a note RMA.
Telephone: +48 34,361 04 48

The basic tariff of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. Please note 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 functioning of the Shop requires:

a computer/mobile phone with Internet access,
a web browser supporting JavaScript and cookies.

An active e-mail account is required to place an Order at the Shop, in addition to the requirements specified in subsection 1.
Using ad-blocking solutions in the web browser might limit the functionality of the Shop.

§ 4 Placing Orders

The Buyer places an Order to the Seller via the Shop.
The Buyer may place an Order using a User Account or without creating a User Account, instead providing his/her data in the Shop's order form.
To place an Order, the Buyer should first add the chosen goods to the shopping cart in the Shop, as well as select their parameters – if applicable.
Then the Buyer selects the delivery method, the payment method and provides his/her data (including the address to which the Order is to be sent).
An Order is effectively placed when the Buyer confirms the Order and accepts the Terms and Conditions.
Upon the Seller's acceptance of the Order, a sales contract for goods is concluded on the terms specified in the Order.
An Order is accepted upon sending an e-mail from the Seller to the Buyer with the appropriate content informing about the fact that the Order has been approved for processing to the address specified in the User Account or while placing the Order if the Buyer does not have a User Account.
The Seller's acceptance of an Order made subject to a change or an addition is considered to be a new offer and a sales contract is concluded only after it has been accepted by the Buyer.
The Seller will immediately respond to the received Order.
The Seller will provide the Buyer with a confirmation of the concluded sales contract, on a durable medium, at the latest at the time of the delivery of the good.

§ 5 Cost of the Order

The prices displayed at the Shop are the total prices.
The total cost of the Order consists of the price for the goods indicated in the description of the goods and the cost of their delivery specified in an appropriate tab in the Shop and when placing the Order. After the goods and the method of delivery have been selected by the Buyer, the total cost of the Order to be placed via the Shop will be shown to the Buyer.

§ 6 Payments

An Order can be paid for using the following methods, depending on the Buyer's choice:

cash on delivery payment,
cash when collecting the goods personally,
regular bank transfer to the Seller’s bank account,
via a payment platform:

Google Pay,
PayPal,
PayU,
Przelewy24,
PayPo – provided a positive decision from the entity providing deferred payment is obtained,
ING imoje – provided a positive decision from the bank is obtained,
Blik,

by payment card:

Visa,
Visa Electron,
MasterCard,
MasterCard Electronic,
Maestro,

in instalments – provided a positive decision from the entity granting instalments is obtained.

If the Buyer chooses to pay in advance, the Order must be paid within 7 days of placing the Order.
The Seller informs the User that because of the specifics of electronic payments, using them to pay for the Order is possible only immediately after the Order is placed.
By making a purchase at the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his/her consent.

§ 7 Order completion

Orders are shipped to:

the European Union,
abroad of the European Union.

The Order completion date consists of the date of shipment of the goods indicated in the Store and the date of their delivery specified in this paragraph.
If the Buyer chooses to pay for the Order in advance, the Seller will commence fulfilment of the Order after having received the payment.
If multiple goods are ordered by the Buyer in one Order, the Order will be fulfilled in the time corresponding to the good with the longest time for order completion.
Goods purchased in the Shop are delivered via courier.
In cases referred to in paragraph 5 goods are delivered within between 2 and 7 Business days from the date of dispatch by the Seller.
The Buyer may collect the goods personally at 1 Maja St, Unit 23, 42-217 Częstochowa, Poland, Monday to Friday between 9:00 – 16:45.
If the Buyer selects the personal collection option, the goods will be ready within the time limit agreed upon with the Seller after receiving information that the goods are ready for collection.

§ 8 Right of withdrawal from the contract

A Consumer has the right to withdraw from the sales contract, subject to § 9 of the Terms and Conditions, within 14 days, without giving any reason.
The time limit for withdrawal from the contract ends after the lapse of 14 days, counting from the day:

on which the Consumer acquired physical possession of the goods or on which a third party other than the carrier, indicated by the Consumer, acquired physical possession of that good;
on which the Consumer acquired physical possession of the last good or on which a third party other than the carrier, indicated by the Consumer, acquired physical possession of the last good in the case of a contract on the transfer of ownership of many things which are delivered separately.

For a Consumer to be able to exercise the right of withdrawal from the sales contract, he/she must notify the Seller by using the data specified in § 2 of the Terms and Conditions about the withdrawal from the sales contract by making an unequivocal declaration (e.g. a letter sent by post or information sent via electronic mail).
A consumer may use the withdrawal form presented at the end of the Terms and Conditions or use the electronic withdrawal form available in the Shop, however this form is not mandatory.
For the time limit for withdrawal from the contract to be observed, it is sufficient when the Consumer sends information about exercising his/her right of withdrawal from the contract prior to the lapse of the withdrawal time limit.
In the event of withdrawal from the sales contract, the Seller returns all the payments received from the Consumer back to the Consumer, including the cost of delivery of the goods (with the exception of additional costs arising from the method of delivery selected by the Consumer other than the cheapest regular delivery method offered by the Seller) immediately, however not later than 14 days from the date on which the Seller was notified about the Consumer's decision to exercise the right of withdrawal from the sales contract.
The payments will be returned with the same payment methods as the ones used by the Consumer in the original transaction, unless the Consumer agrees on another solution. In any case, the Consumer will not incur any fees in connection with the return.
The Seller can withhold a return of the payment until having received the good or a proof of its return, whichever occurs earlier.
The Seller asks that the goods be returned to the following address: 1 Maja St, Unit 23, 42-217 Częstochowa, Poland immediately, however not later than 14 days from the date on which the Seller was notified about the Consumer's decision to withdraw from the sales contract. This deadline is deemed to have been met if the Consumer sends the product back before the lapse of 14 days.
The Consumer bears the direct costs of returning the goods.
The Consumer is responsible only for the reduction in the value of the goods resulting from using them in a manner other than necessary to establish their nature, characteristics and functioning.
If, given their nature, the product cannot be sent by regular mail, the Consumer will also have to bear the direct costs of returning the product. The estimated cost of such a return is PLN 15 for parcels up to 15 kilograms and PLN 120 for returns on pallets.
No entity other than a Consumer has the right of withdrawal from a distance contract.

§ 9 Exceptions to the right of withdrawal from the contract

The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:

where the subject of the service is a non-prefabricated good made to the Consumer’s specifications or used to meet his/her clearly personalised needs.
where the subject of the service are goods which are, after delivery, according to their nature, inseparably connected with other items.
where the subject of the service is a sealed good which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery.
where the subject of the service are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

§ 10 Complaints

If the goods are defective, the Buyer has the possibility to submit a complaint.
The Seller is responsible for any defect which becomes apparent within 2 years from the date of delivery:
If the goods are defective, the Buyer may:

request a price reduction,
in the case of a material defect – make a statement of withdrawal from the contract,
demand an exchange of the good for a good free from any defects,
demand that the defect be removed.

If the subject of the sale is a movable item, the Seller's liability is limited to one year from the date of delivery of the item to the Buyer.
In the case of a defect in the goods, a Buyer who is not a Consumer is entitled to request the repair of the defective product in the first place. If it is not possible to repair the good, a Buyer who is not a Consumer may then demand that the product be replaced with a new one. In the case of a substantial material defect and the inability to repair or replace the goods with new ones, a Buyer who is not a Consumer is entitled to submit a statement of withdrawal from the sales contract.
The Seller provides a 24-month warranty for the products sold in the Shop, counted from the date of delivery of the goods to the Buyer. Information about its conditions is available in the Shop.
The warranty period for batteries is 12 months from the date of purchase and covers manufacturing defects and damage resulting from normal use of the product during this period.
The Seller asks that any complaints be submitted by sending an e-mail to the following address: [email protected] or in writing to the following address: 1 Maja St, Unit 23, 42-217 Częstochowa, Poland - with a note RMA.
For the complaint to be examined, the Buyer who is also a Consumer is required, if necessary, to deliver the defective goods at the Seller’s expense to the following address: 1 Maja St, Unit 23, 42-217 Częstochowa, Poland - with a note RMA.
Complaints regarding the functioning of the Shop 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 case where the complaint procedure fails to bring the expected results, the Consumer may use, i.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: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
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;

In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.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: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
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;

§ 11 Personal data

Personal data provided by the Buyer for the purpose of using the Shop are administrated by the Seller. Detailed information regarding 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 by the Seller, provided by the Buyer in connection with purchases in the Shop, is the fulfillment of Orders. The basis for the processing of personal data in this case is:

the sales contract or activities undertaken on the Buyer’s request aiming at its conclusion (Article 6 (1) (b) of the GDPR),
the sales contract or activities undertaken on the Buyer’s request aiming at its conclusion (Article 6 (1) (b) of the GDPR), and
the Seller’s legitimate interest consisting in the processing of data for the purposes of the establishment, exercise or defence of legal claims (Article 6 (1) (f) of the GDPR)

Providing data by the Buyer is voluntary, but at the same time it is necessary if a sales contract is to be concluded. Failure to provide data makes the conclusion of a sales contract with the Shop impossible.
The Buyer's data provided in relation to purchases in the Shop will be processed until:

the Seller ceases to be legally obliged to process the Buyer's data;
the possibility of pursuing claims related to the sales contract concluded via the Shop by the Buyer or the Seller ceases;
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

Furthermore, the Buyer has the right to:

access his/her personal data,
change them,
erase them,
restrict their processing,
demand the transfer of the data to a different controller

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. a legitimate interest pursued by the controller).

In order to exercise his/her rights, the Buyer should contact the Seller using the data from § 2 of the Terms and Conditions.
If the Buyer finds that his/her data is being processed unlawfully, the Buyer may submit a complaint to the supervisory authority.

§ 12 Claims

The Buyer is forbidden to provide content of illegal nature.
Each order placed at the Shop requires the conclusion of a separate contract and separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of Order completion.
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 granted to him/her based on mandatory provisions of law, which would apply if this law was not selected. In such cases the provisions most favourable to the Consumer are applied.
Contracts are concluded via the Shop in English.
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 office.
No regulation of the present Terms and Conditions waives or restricts the Consumer rights imposed by the provisions of law in any way.
In relation to goods purchased from BATNA sp. z o.o., there is an absolute prohibition on further transferring their ownership under any legal title, including further resale, to any natural or legal person, entity, or organization in Iran, Cuba, North Korea, Sudan, Syria, Russia, Belarus, and the regions of Ukraine: Kherson, Donetsk, Luhansk, Zaporizhzhia, and the Autonomous Republic of Crimea.

Annex 1 to the Terms and Conditions

What follows is a model withdrawal form from the contract which a Consumer may use.

TEMPLATE OF STATEMENT OF WITHDRAWAL FROM THE CONTRACT
(this form should be filled in and sent only in the event when one wishes to withdraw from the contract)

Batna Spółka z ograniczoną odpowiedzialnością
ul. Boznańskiej Olgi 3E, 42-202 Częstochowa, Poland
e-mail: [email protected]

I/We(*) hereby inform (*) about my/our withdrawal from the sales contract regarding the following items(*):
................................................................................................................................................................... ...................................................................................................................................................................
...................................................................................................................................................................
................................................................................................................................................................... ...................................................................................................................................................................
Date of receipt: ................................................................................................................................................................
Name and surname of the Consumer(s): ................................................................................................................................................................
................................................................................................................................................................
Address of the Consumer(s): ...................................................................................................................................................................
................................................................................................................................................................... ...................................................................................................................................................................

Signature of the Consumer(s) (only if the declaration is sent in paper form)
...................................................................................................................................................................

Date ...................................................................................................................................................................
(*) Delete as appropriate.