Terms and conditions

Terms and conditions of use Online Store BIGBOSTORE.COM / BBSONG.PL
TABLE OF CONTENTS:

  1. General Provisions
  2. Types and Scope of Electronic Services
  3. Orders
  4. Payments
  5. Delivery
  6. Right of Withdrawal from the Agreement
  7. Complaints
  8. Provisions Concerning Entrepreneurs
  9. Product Reviews
  10. Privacy Policy and Personal Data Security
  11. Final Provisions
  12. Template Withdrawal Form

§1

GENERAL PROVISIONS

1.1. The Online Store available at the internet address http://www.bigbostore.com is operated by B.B. Song Bohdan Bezuhlyi, 80-463 Gdańsk, ul. Jerzego Bajana 3b/2, NIP (Tax ID) 5842846237, REGON (Business Registry No.) 527365127; email address: kontakt@bbsong.pl.

1.2. The provisions of this Terms and Conditions document do not aim to exclude or limit any consumer rights granted under mandatory legal provisions. In the event of any inconsistency between this document and such legal provisions, the latter shall prevail.

1.3. Definitions:

  • BUSINESS DAY – any day from Monday to Saturday, excluding public holidays.
  • REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.
  • ORDER FORM – an Electronic Service, an interactive form in the Online Store that enables placing an Order, especially by adding Products to a virtual cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
  • CLIENT – (1) a natural person with full legal capacity, and in cases provided by common law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
  • CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
  • ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the User, where data provided by the User and information on Orders placed are stored.
  • NEWSLETTER – an Electronic Service, a distribution service provided by email that allows Users to automatically receive regular editions of a newsletter containing information about Products, news, and promotions.
  • PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Client and the Seller.
  • TERMS AND CONDITIONS – this document governing the Online Store.
  • ONLINE STORE – the Seller’s online store available at http://www.bigbostore.com
  • SELLER / SERVICE PROVIDER – BOHDAN BEZUHLYI, conducting business under the name B.B. Song Bohdan Bezuhlyi, registered in the Central Registration and Information on Business (CEIDG) of the Republic of Poland maintained by the Minister for Economic Affairs, with:
    Business address: ul. Jerzego Bajana 3b/2, 80-463 Gdańsk
    Correspondence address: ul. Jerzego Bajana 3b/2, 80-463 Gdańsk
    NIP: 5842846237, REGON: 527365127
    Email: kontakt@bbsong.pl
  • SALES AGREEMENT – a product sales agreement concluded or to be concluded between the Client and the Seller via the Online Store.
  • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Online Store.
  • USER – (1) a natural person with full legal capacity, and in cases provided by common law, also a person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, granted legal capacity by law – using or intending to use an Electronic Service.
  • CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended).
  • ORDER – a Client’s declaration of will submitted via the Order Form, aimed directly at concluding a Sales Agreement for a Product with the Seller.

§2
TYPES AND SCOPE OF ELECTRONIC SERVICES

2.1. The Online Store offers the following Electronic Services: Account, Order Form.
2.1.1. Account – Using an Account is possible after the User completes the following two steps: (1) filling out the Registration Form, (2) clicking the “Register” button. The Registration Form requires the User to provide the following data: email address and password.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The User may delete their Account (resign from the Account) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular via email to: kontakt@bbsong.pl or in writing to the following address: ul. Jerzego Bajana 3b/2, 80-463 Gdańsk.

2.1.2. Order Form – The use of the Order Form begins when the Customer adds the first Product to the online shopping cart. The Order is placed after the Customer completes two steps: (1) fills out the Order Form and (2) clicks the “Order and Pay” button on the Store’s website – until then, the Customer can modify the data entered (follow on-screen messages and information displayed on the Store’s website). The Order Form requires the following Customer data: full name/company name, address (street, house/apartment number, postal code, city, country), email address, phone number, and Sales Agreement details: product(s), quantity, delivery address and method, payment method.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is one-time in nature, ending when the Order is placed or when the User ceases to use the form without submitting an order.

2.2. Technical Requirements necessary to use the system used by the Service Provider:
(1) a computer, laptop, or other multimedia device with Internet access;
(2) access to email;
(3) a web browser: Mozilla Firefox version 17.0 or newer, Internet Explorer version 10.0 or newer, Opera version 12.0 or newer, Google Chrome version 23.0 or newer, Safari version 5.0 or newer;
(4) recommended minimum screen resolution: 1024×768;
(5) cookies and JavaScript enabled in the web browser.

2.3. The User is obligated to use the Online Store in accordance with the law and good practices, with respect for personal rights, copyright, and the intellectual property of the Service Provider and third parties. The User must enter truthful data. The provision of illegal content is strictly prohibited.

2.4. The complaint procedure for Electronic Services is specified in §7 of the Terms and Conditions.

§3
ORDERS

3.1. The information on the Store’s Website does not constitute an offer by the Seller as defined by the Civil Code but is only an invitation for Customers to place offers to conclude a Sales Agreement.

3.2. Customers may place orders via the Store’s Website 24 hours a day, 7 days a week.

3.3. Customers placing orders via the Website select the Product(s) they are interested in. Adding a Product to the cart is done by clicking the “ADD TO CART” button under the product displayed on the Website. After completing the order and selecting a delivery and payment method in the “CART,” the Customer places the order by submitting the order form by clicking the “Order and Pay” button. Before submitting the order, the Customer is informed of the total price of the selected Product(s) and Delivery, as well as any additional costs related to the Sales Agreement.

3.4. Placing an order constitutes the Customer’s offer to the Seller to conclude a Sales Agreement for the ordered Product(s).

3.5. After placing the order, the Seller sends a confirmation of order placement to the email address provided by the Customer.

3.6. Then, after confirming the order placement, the Seller sends a message to the Customer’s email address indicating the acceptance of the order for processing. This message constitutes the Seller’s acceptance of the offer referred to in §3 point 4, and upon its receipt by the Customer, the Sales Agreement is concluded.

3.7. After concluding the Sales Agreement, the Seller confirms its terms by sending them on a Durable Medium to the Customer’s email address or in writing to the address provided during Registration or order placement.

§4
PAYMENTS

4.1. Prices listed next to each Product on the Store’s Website are gross prices and do not include delivery costs or any other additional fees that the Customer will be obliged to pay in connection with the Sales Agreement. These additional costs will be presented during the delivery method selection and order placement process.

4.2. The Seller provides the following payment methods:
4.2.1. Traditional bank transfer to the Seller’s bank account (please include the order number in the transfer title).
Bank: Bank Millennium S.A.
Account number: 92 1160 2202 0000 0005 9863 8625.

4.2.2. Card payment or online bank transfer via the external payment system Przelewy24, an electronic payment method managed by PayPro S.A. (Alior Bank, T-Mobile Bank, BLIK, BGŻ BNP Paribas, BOŚ, ING, Getin Bank, Inteligo, Idea Bank, Credit Agricole, mTransfer, Noble Bank, Pekao24, Orange, iPKO, PBS, Eurobank, Santander Bank, Citi Handlowy, Deutsche Bank, Millenium).
Przelewy24.pl – PayPro S.A., based in Poznań (headquarters address: ul. Pastelowa 8, 60-198 Poznań), registered in the National Court Register maintained by the District Court for Poznań – Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP: 7792369887, REGON: 301345068.

4.2.3. Payment by credit/debit card or bank transfer via the external PayU payment system – an electronic payment method operated by PayU S.A. (Blik, online transfers – Credit Agricole, mTransfer – mBank, Paylink Idea – IdeaBank, Pekao24Przelew – Bank Pekao, Pay with Alior Bank, Pay with BNP Paribas, Pay with Getin Bank, Pay with Inteligo, Pay with Noble Bank, Pay with Orange, Pay with PBS, Pay with T-mobile Banking Services, Pay with BOŚ, Pay with ING, Pay with iPKO, Transfer from Citi Handlowy, Transfer from Deutsche Bank, Transfer from Millennium).
PayU.pl – PayU S.A., based in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, with fully paid-up share capital of PLN 4,000,000, NIP (Tax ID): 779-23-08-495.

4.2.4. Installment payment system – the payment is made in full or in part using funds from a loan granted by SANTANDER BANK POLSKA SA based in Warsaw (registered office address: Al. Jana Pawła II 17, 00-854 Warsaw), with a fully paid-up share capital of PLN 1,020,883,050.00, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000008723, NIP: 8960005673, REGON: 930041341.

4.2.5. Payment by card via the WooPayments payment system – an electronic payment method operated by WooPayments, a payment platform provided by Automattic Inc., integrated with Stripe.
Stripe is the payment operator that processes card payments (Visa, MasterCard, American Express, etc.), digital wallets (e.g., Apple Pay, Google Pay), and other payment methods available on the platform.
Stripe Inc., headquartered at: 354 Oyster Point Blvd, South San Francisco, CA 94080, USA, processes transactions in accordance with international PCI DSS security standards and other data protection and consumer regulations.

4.2.6. Payment via PayPal – an electronic payment method operated by PayPal Holdings, Inc., a global online payments system. PayPal is the payment operator that processes payments using PayPal accounts, credit and debit cards (Visa, MasterCard, American Express, Discover, etc.), and other funding sources linked to the PayPal platform. PayPal offers a secure way to send and receive payments online. PayPal Holdings, Inc., headquartered at: 2211 N. First Street, San Jose, CA 95131, USA, processes transactions in compliance with international security standards such as PCI DSS, GDPR, and other applicable data protection and consumer protection regulations.

4.3. Payment deadline:

4.3.1. If the Customer selects payment by bank transfer, electronic payments, or card payment, they are required to make the payment within 7 calendar days from the date the Sales Agreement is concluded.

§5
DELIVERY

5.1. Product delivery is available worldwide from the territory of the Republic of Poland.
5.2. Product delivery to the Customer is subject to a fee unless stated otherwise in the Sales Agreement. Delivery costs (including transport, shipping, and postal services) are indicated to the Customer on the Online Store’s website in the delivery cost information section and during the Order process, including the moment the Customer expresses their intent to enter into the Sales Agreement.

5.3. Personal pickup of the Product by the Customer is free of charge.

5.4. The Seller provides the following methods of delivery or product collection:

  • 5.4.1. Postal shipment.
  • 5.4.2. Courier shipment.
  • 5.4.3. Personal pickup at: ul. Jerzego Bajana 3b, 80-463 Gdańsk – from Monday to Friday, between 9:00 and 13:00 (excluding public holidays).

5.5. The delivery time of the Product to the Customer is up to 18 Business Days, unless a shorter time is specified in the Product description or during the Order process. In the case of Products with different delivery times, the longest stated time applies, but it cannot exceed 18 Business Days. The delivery period starts:

  • for payments by bank transfer, electronic payment, or card – from the date the Seller’s bank or settlement account is credited.

5.6. The Seller sends the receipt or VAT invoice for the delivered Goods on a Durable Medium to the Customer’s email address provided when placing the order. To receive a VAT invoice, the Customer must declare at the time of purchase that they are buying as an Entrepreneur. This declaration is made by selecting the appropriate checkbox in the order form before submitting the order.

§6
RIGHT OF WITHDRAWAL FROM THE AGREEMENT

6.1. The Consumer has the right to withdraw from an agreement concluded with the Seller via the Store, subject to §7 of the Terms, within 30 days without providing any reason.

6.2. The withdrawal period expires 30 days after the day:

  • 6.2.1. On which the Consumer received the goods or a third party other than the carrier and indicated by the Consumer received the goods.
  • 6.2.2. On which the Consumer received the last item or a third party other than the carrier and indicated by the Consumer received the last item – in the case of a contract involving multiple goods delivered separately.

6.3. To exercise the right of withdrawal, the Consumer must inform the Seller (using the contact details provided in §1 of the Terms) of their decision to withdraw from the agreement by means of an unequivocal statement (e.g., letter sent by post or email).

6.4. The Consumer may use the withdrawal form template provided at the end of the Terms, but it is not obligatory.

6.5. To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of the right of withdrawal before the withdrawal period expires.

6.6. Effects of withdrawal from the agreement:

  • 6.6.1. In the event of withdrawal, the Seller shall refund all payments received from the Consumer, including the cost of delivery (except for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery offered by the Seller), without undue delay and in any event no later than 14 days from the day the Seller was informed of the Consumer’s decision to withdraw.
  • 6.6.2. The Seller will make the refund using the same payment method used by the Consumer for the original transaction, unless the Consumer agrees otherwise. In any case, the Consumer shall not incur any fees as a result of the refund.
  • 6.6.3. The Seller may withhold the refund until it has received the goods back or the Consumer has supplied evidence of having returned the goods, whichever comes first.
  • 6.6.4. The Seller asks for the goods to be returned to: ul. Jerzego Bajana 3b/2, 80-463 Gdańsk without undue delay and in any event no later than 14 days from the date the Consumer informed the Seller of the withdrawal. The deadline is met if the Consumer sends back the goods before the 14-day period expires.
  • 6.6.5. The Consumer bears the direct cost of returning the goods.
  • 6.6.6. The Consumer is only liable for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish the nature, characteristics, and functioning of the goods.
  • 6.6.7. If the goods, due to their nature, cannot be returned by ordinary post, the Consumer will also bear the direct costs of returning them. The estimated cost will be communicated by the Seller in the product description or during the order process.

6.7. Exceptions from the right of withdrawal:

The right of withdrawal does not apply to contracts:

  • 6.7.1. For the supply of non-prefabricated items made to the Consumer’s specification or clearly personalized.
  • 6.7.2. For items that are perishable or have a short shelf life.
  • 6.7.3. For sealed items which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • 6.7.4. For goods that are inseparably mixed with other items after delivery.
  • 6.7.5. For audio or video recordings or computer software delivered in sealed packaging if unsealed after delivery.
  • 6.7.6. For the delivery of newspapers, periodicals, or magazines, except for subscription agreements.
  • 6.7.7. Where the price depends on fluctuations in the financial market beyond the entrepreneur’s control, which may occur before the withdrawal period expires.
  • 6.7.8. For the supply of digital content not stored on a tangible medium if the performance has begun with the Consumer’s prior express consent and acknowledgment that they thereby lose their right of withdrawal.

§7
COMPLAINTS

7.1. Description of the complaint procedure:
7.1.1. The Buyer may submit complaints to the Seller via the Electronic complaint form;
7.1.2. In writing to the Seller’s registered office address or via e-mail to kontakt@bbsong.pl

7.2. A properly submitted complaint should include at least:
7.2.1. The Buyer’s first name, last name, address, e-mail address, the date of concluding the Agreement that is the basis of the complaint, the subject of the complaint with an indication of the Buyer’s demand, and all circumstances justifying the complaint.

7.3. If the data or information provided in the complaint require supplementation, before considering the complaint, the Seller shall request the complainant to supplement it accordingly.

7.4. The Seller shall examine the complaint within 14 days from the date of receiving it in a proper form.

7.5. The response to the complaint shall be sent to the e-mail address or postal address provided by the Buyer.

7.6. The Seller declares that it undertakes to deliver the item free of defects, excluding defects indicated in the sales offer.

7.7. Possibility of using out-of-court methods of complaint handling and claim enforcement and access to these procedures:
7.7.1. Detailed information concerning the possibility for the Client who is a consumer to use out-of-court complaint handling and claim enforcement methods as well as the rules of access to these procedures is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.7.2. A contact point also operates at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose tasks include, among others, providing assistance to consumers in matters related to out-of-court consumer dispute resolution.

7.7.3. The consumer has the following example options to use out-of-court complaint handling and claim enforcement methods:
(1) application for dispute resolution to the permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/);
(2) application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information available at the inspector’s office competent for the Seller’s place of business);
(3) assistance from the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumers Federation, Polish Consumers Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (helpline available on Working Days from 8:00 to 18:00, call charges according to operator tariff).

7.7.4. At the address http://ec.europa.eu/consumers/odr there is an online platform for dispute resolution between consumers and entrepreneurs at the EU level (the ODR platform). The ODR platform is an interactive and multilingual website providing a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of disputes arising from contracts concluded online for sale or provision of services (more information on the platform’s website or on the Office of Competition and Consumer Protection’s website: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

§8
PROVISIONS REGARDING ENTREPRENEURS

8.1. This §8 of the Regulations and all provisions contained therein are addressed exclusively to the Client or Service Recipient who is not a consumer, and from January 1, 2021, for contracts concluded from that date onwards, also not a natural person concluding an agreement directly related to their business activity, when it follows from the content of the contract that it does not have a professional character for that person, resulting particularly from the subject of the business activity they perform, made available based on the provisions on the Central Register and Information on Economic Activity.

8.2. 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 take place without giving any reason and does not give rise to any claims by the Client against the Seller.

8.3. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the conclusion of the Sales Agreement.

8.4. The Service Provider may terminate the agreement for the provision of Electronic Service with immediate effect and without giving reasons by sending an appropriate statement to the Service Recipient.

8.5. The liability of the Service Provider/Seller towards the Service Recipient/Client, regardless of its legal basis, is limited—both for a single claim and for all claims in total—to the amount of the paid price and delivery costs under the Sales Agreement, but not more than one thousand Polish zlotys. The monetary limitation mentioned in the previous sentence applies to all claims made by the Service Recipient/Client against the Service Provider/Seller, including cases of failure to conclude the Sales Agreement or claims not related to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Client only for typical damages foreseeable at the time of contract conclusion and is not liable for lost profits. The Seller is also not liable for delays in shipment delivery.

8.6. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient shall be subject to the court competent for the Seller’s/Service Provider’s registered office.

8.7. The Seller’s liability under the warranty for the Product or for non-compliance of the Product with the Sales Agreement is excluded.

8.8. The Seller shall respond to complaints within 30 calendar days from the date of receipt.

§9
PRODUCT REVIEWS

9.1. The store does not allow posting reviews about products.

§10
PRIVACY POLICY AND PERSONAL DATA SECURITY

10.1. The administrator of the personal data databases provided by the store’s Consumers is the Seller.
10.2. The Seller commits to protecting personal data in accordance with the Personal Data Protection Act of August 29, 1997, and the Act on Providing Services by Electronic Means of July 18, 2002. By submitting their personal data when placing an order, the Buyer consents to the Seller processing their data for the purpose of fulfilling the order. The Buyer has the right at any time to access, update, and delete their personal data.
10.3. Detailed principles of collecting, processing, and storing personal data used for order fulfillment by the store are described in the Privacy Policy.

§11
FINAL PROVISIONS

11.1. Contracts concluded through the Online Store are made in the Polish language.
11.2. Changes to the Regulations:
11.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, such as changes in legal regulations; changes in payment and delivery methods—insofar as these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the case of continuous contracts concluded on the basis of these Regulations (e.g., provision of Electronic Services – Account), the amended Regulations shall bind the Service Recipient if the requirements set out in Articles 384 and 384[1] of the Civil Code are met, meaning the Service Recipient has been properly notified of the changes and has not terminated the contract within 15 calendar days from the date of notification. If the change results in any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.
11.2.3. In the case of contracts of a different nature than continuous contracts concluded on the basis of these Regulations (e.g., Sales Agreement), changes to the Regulations shall not affect the acquired rights of Service Recipients/Clients before the date of entry into force of the changes, particularly they shall not affect orders already placed or concluded, executed, or performed Sales Agreements.
11.3. Matters not regulated in these Regulations shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant generally applicable laws.
11.4. These Regulations do not exclude the provisions applicable in the consumer’s habitual residence country, which cannot be excluded by contract, when the consumer concludes an agreement with the Service Provider/Seller. The Service Provider/Seller guarantees the consumer protection granted under such mandatory provisions.

WITHDRAWAL FORM TEMPLATE
(This form should be completed and sent only if you wish to withdraw from the contract)

– Addressee:
B.B. Song Bohdan Bezuhlyi
ul. Jerzego Bajana 3b/2, 80-463 Gdańsk
kontakt@bbsong.pl

– I/We () hereby inform you of my/our withdrawal from the sales contract of the following goods () / the delivery contract of the following goods () / the contract for the work consisting in the execution of the following goods () / the provision of the following service (*)

– Date of contract conclusion () / receipt ()

– Name(s) and surname(s) of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is sent in paper form)

– Date

(*) Delete as appropriate.