Terms and Conditions of the BILARDO.PL Online Store

TRANSACTION PARTIES AND OBJECT OF THE TRANSACTION

1. The online store BILARDO.PL, operating at the address www.bilardo.pl, run by BILARDO.PL Sp. z o.o. with its registered office in Sosnowiec at Hallera 74/61, NIP: 644-302-14-93, REGON: 241712768 (hereinafter also referred to as ‘Seller’), conducts retail sales of goods through the Internet.
2. The Customer can contact the Seller by mail at the address: Hallera 74/61, 41-200 Sosnowiec, by email at sklep@bilardo.pl, or by phone at +48 502-755-574. Complaints can also be submitted by filling out the form available at www.bilardo.pl/sklep/kontakt.
3. To use the BILARDO.PL online store, a computer or mobile device with a processor of at least 200 MHz, 64MB RAM, a graphics card supporting a resolution of 800×600 and 256 colors, and a web browser (Internet Explorer (version > 7.0), Mozilla Firefox, Opera, Chrome) is required, as well as a keyboard or other pointing device allowing correct filling of electronic forms.
4. The prices of all goods visible on the BILARDO.PL online store pages are gross prices (including VAT) and are expressed in Polish zlotys.
5. The prices listed on the BILARDO.PL online store pages, as well as the descriptions of the goods, are for informational purposes only and do not constitute an offer within the meaning of the Civil Code. By placing an order in the BILARDO.PL online store, the Buyer submits an offer to purchase a specific product at the price and with the features listed in its description on the BILARDO.PL online store page. The price and description of the product gain binding force only upon confirmation of the order’s acceptance by the Seller.
6. The price stated for each product is valid until the stock is depleted.
7. The Seller reserves the right to change the prices of the goods presented on the BILARDO.PL online store pages, to post information about new products, to conduct and cancel promotional campaigns on the store’s pages, sales, or make changes to them. This right does not affect orders placed before the price change, promotion conditions, or sales take effect.
8. The Seller declares that the goods sold through the BILARDO.PL online store are brand new, covered by the manufacturer’s warranty, and have all required certifications according to Polish law.
9. The Seller will make every effort to ensure that the goods presented on the BILARDO.PL online store pages correspond to the current stock levels of the Seller. In the case of unavailability of all or part of the goods ordered, the Seller will immediately notify the Buyer and, if payment has been made by the Buyer, refund the full amount received from them.
10. In the case of a promotional sale or clearance, where a limited number of goods are available, the fulfillment of orders will be processed in the order in which confirmed orders for those goods are received until stocks available for these sales are exhausted.

TRANSACTION AND THE RIGHT TO WITHDRAW FROM THE CONTRACT

1. Orders in the BILARDO.PL online store can be placed:
   1. via the BILARDO.PL store website by filling out a form on the store’s pages,
   2. by phone – calling +48 502-755-574 (the cost of the call is charged as per the current telecommunication operator’s tariff), Monday to Friday, between 9 AM and 5 PM (phone order hours may be extended periodically).
2. When placing an order, the Buyer is obliged to provide accurate personal data: name, surname, exact residential address, email address, and contact phone number.
3. After receiving the electronic notification of the order, the order’s acceptance will be confirmed by the Seller either by phone or electronically. Once the Seller confirms the acceptance of the order, the contract is considered concluded.
   1. According to the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827), the Buyer who is a consumer has the right to withdraw from the sale agreement without providing a reason within 14 days from the date the goods were received by the Buyer or by a third party indicated by them, other than the carrier. If the contract involves multiple goods delivered separately, in batches, or in parts, the withdrawal period begins from the date of receipt of the last item, batch, or part. To exercise this right, the Buyer must inform the Seller of their decision to withdraw from the contract by submitting an unambiguous statement, which can be sent by post to: Complaints Department BILARDO.PL, Hallera 74/61, 41-200 Sosnowiec, by email to sklep@bilardo.pl, or by filling out the form available at www.bilardo.pl/sklep/kontakt. The Seller will promptly send a confirmation of receipt of the withdrawal notice to the Buyer on a durable medium (e.g., via email).
4. To meet the withdrawal deadline, the Buyer who is a consumer only needs to send the information about the exercise of their right to withdraw from the contract before the withdrawal period expires.
5. In the case of withdrawal from the contract, the Seller will refund all payments received from the Buyer, including the costs of delivering the goods (except for the additional costs arising from the Buyer’s choice of delivery method other than the least expensive standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day the Seller was informed of the Buyer’s decision to withdraw from the contract. The refund will be made using the same payment method as the one used by the Buyer in the original transaction unless the Buyer explicitly agrees to another method; in any case, the Buyer will not incur any charges for the refund. The Seller has the right to withhold the refund until the goods are received or until proof of their return is provided, whichever comes first.
6. The item returned due to withdrawal from the contract must be sent or delivered to the address: BILARDO.PL, Hallera 74/61, 41-200 Sosnowiec, without delay, and in any case, no later than 14 days from the day the Buyer informed the Seller about the withdrawal from the contract. The deadline is met if the Buyer sends the item before the 14-day period expires.
7. The returned item must be complete (including all equipment and accessories that are an integral part of it). It is recommended to properly secure the returned item to prevent damage during transportation. The Buyer is responsible for any reduction in the value of the item resulting from its use in a way other than what was necessary to determine the nature, characteristics, and functioning of the item. In case of a reduction in value of the returned item or if it is delivered incomplete, BILARDO.PL has the right to seek compensation from the Buyer, within the limits allowed by applicable law.
8. The right to withdraw from the contract does not apply to the consumer in cases listed in Article 38 items 1-13 of the Consumer Rights Act, e.g., in the case of a contract:

   COMPLAINTS AND RETURNS

   1. The Seller is obligated to deliver the purchased item to the Buyer without defects. The regulation of the Seller’s liability for defects is contained in the provisions of Articles 556 and subsequent of the Civil Code.
   2. If, after the transfer of ownership of the goods to the Buyer, it is found that the goods have physical defects, the Buyer may, at their discretion:
      1. initiate a complaint procedure under the Warranty via the Seller (for goods covered by a warranty),
      2. submit a complaint to the Seller under the warranty for defects (legal basis – Civil Code).
   3. In the case of mechanical damage occurring during delivery or submitting a complaint to the Seller, the Buyer may fill out a form available at www.bilardo.pl/sklep/kontakt. If the complaint is made under the warranty for defects, the Buyer should, in particular, indicate what they believe is the defect in the goods, when it was noticed, what the Buyer demands from the Seller, and provide their contact details. Along with the complained goods, the Buyer should send all accessories included with the goods.
   4. The transport of complained goods under warranty via the Seller, or under warranty for defects, is done at the expense and request of BILARDO.PL through the chosen shipping company.
   5. Complaints related to the online service (e.g., incorrectly calculated shipping costs or incorrect items in the cart) can be submitted during the telephone order confirmation by the consultant or via the form available at www.bilardo.pl/sklep/kontakt.
   6. The Seller will inform the Buyer about how their complaint is handled. In case the complaint is not accepted, the Seller will provide a justification for their decision.
   7. It is recommended that the Buyer, upon receiving the goods, acknowledge receipt in the presence of the courier with a note stating whether the shipment was delivered in good condition or if there are signs of damage, with a description of those damages.
   8. The Seller is liable under the warranty for defects only if the defect is found within two years of the goods being delivered to the Buyer (Article 568 § 1 of the Civil Code).
   9. The person responsible for managing the complaint process on behalf of BILARDO.PL is the manager/owner.
   10. If the Buyer disagrees with the Seller’s decision to reject the complaint, they may take the matter to court. If the Buyer is a consumer and wishes to resolve the dispute with the Seller without going to court, they can opt for alternative dispute resolution methods, i.e., request mediation or a dispute resolution from the Permanent Consumer Arbitration Court (hereinafter referred to as the “arbitration court”) operating at the relevant Provincial Inspectorate of the Trade Inspection, by submitting an appropriate request (e.g., a request to initiate and conduct mediation or a request for the case to be reviewed by the arbitration court). The forms for such requests are available at the secretary’s office of each arbitration court and on the websites of the Provincial Inspectorates of the Trade Inspection. The use of alternative dispute resolution methods is only possible if both parties agree to resolve the dispute in this process. The solution to the dispute through mediation is voluntary and is not subject to administrative or judicial enforcement; there is no appeal from it. The use of mediation does not exclude the possibility of bringing a lawsuit to a common court or referring the case to the arbitration court. The ruling of the arbitration court or the settlement reached before it has the same legal force as a judgment of a common court or a settlement reached before a common court after being recognized by the common court or after the common court has confirmed its enforceability. The Buyer, as a consumer, also has the right to submit the case to the municipal or county consumer ombudsman or may seek information from the relevant Consumer Federation.

   FINAL PROVISIONS

   1. The photos of goods displayed on the BILARDO.PL online store pages may differ from the actual appearance of the goods due to the individual settings of the computer equipment used by the Buyer when placing the order (this may concern parameters such as, for example, the color of the goods, the proportions of the goods, etc.).
   2. All goods and names presented on the BILARDO.PL online store are used solely for identification purposes and may be registered trademarks of the respective owners.
   3. BILARDO.PL, located at Hallera 74/64, 41-200 Sosnowiec, is the administrator of personal data collected from Buyers in the BILARDO.PL online store. The Seller informs that personal data of Buyers will be processed for the purpose of fulfilling sales contracts, and as such may be transferred to courier companies or other entities intermediating in the delivery of purchased goods to Buyers, payment system operators (if this payment method is selected), and institutions financing the purchase of goods (if the goods are bought on installment). With the explicit consent of the Buyer, their personal data may also be processed for other purposes, particularly for delivering informational materials and marketing offers in the form of a newsletter. The Buyer has the right to access and correct their data processed by BILARDO.PL Sp. z o.o. Personal data is provided voluntarily, but without it, the order cannot be processed nor can other services be used.
   4. The Seller respects the privacy rights of Buyers. The Privacy Policy is available at www.bilardo.pl and indicates what information that enables personal identification the Seller may collect and how such information may be used.
   5. For matters not regulated by these Terms and Conditions, the relevant provisions of generally applicable law shall apply.
   6. To place an order in the BILARDO.PL online store, full acceptance of these Terms and Conditions is required.
   7. According to Article 8(3)(2)(b) of the Act of July 18, 2002, on providing electronic services, the entity using the pages of the BILARDO.PL online store is obligated not to place unlawful content on these pages.
   8. The Seller does not require the Buyer to deposit a deposit or provide other financial guarantees.
   9. These Terms and Conditions are available free of charge at www.bilardo.pl/sklep/regulamin and in written form at the BILARDO.PL headquarters: Hallera 74/61, 41-200 Sosnowiec.
   10. The Seller reserves the right to amend these Terms and Conditions as set forth below. Changes will be published in the form of a unified version of the Terms and Conditions on the BILARDO.PL online store page along with information about the changes made. Any changes to the Terms and Conditions come into force on the date indicated by the Seller, no earlier than 7 days after the amended Terms and Conditions are made available on the BILARDO.PL online store page. Orders placed by Customers before the changes to the Terms and Conditions come into effect will be processed according to the previous provisions of the Terms and Conditions. Each time, to make purchases in the BILARDO.PL online store, it is necessary to read and accept the current version of the Terms and Conditions.
   11. The provisions of these Terms and Conditions apply from July 1, 2015, and concern contracts concluded not earlier than from this date.