1. These Terms and Conditions govern the principles and conditions of rendering online services, including the use of the Shop, and lay down the rights, obligations, and liability of the Seller and the Client. These Terms and Conditions do not apply with respect to consumers.
2. Every Client shall read these Terms and Conditions. The commencement of using the Shop is equivalent to acceptance of these Terms and Conditions.
3. These Terms and Conditions are available on the Shop's website.
4. Only these Terms and Conditions are binding. In relationships with the Seller, the general terms and conditions of contracts (of sale, supply or similar) and the terms and conditions used by the Clients do not apply.
5. Basic definitions:
1) Terms and Conditions: The Shop's terms and conditions;
2) Shop or E-shop: the E-shop operated by the Seller at: www.hurt.modabergamo.pl;
3) Seller: Bergamo by Jolanta K. Jolanta Kowalska, operating as Bergamo by Jolanta K. Jolanta Kowalska, NIP (Tax Identification Number): 7331012472 , Regon (Statistical ID): 471221377,
4) Client: a natural person more than 18 years of age and having full capacity to contract, a legal person or an organisation not vested with legal personality, but allowed by law to acquire rights and incur obligations on its own name, that starts a legal relationship with the Seller within the scope of the Shop's business.
5) Goods - goods sold in the Shop, offered by the Seller;
6) Contract - distance contract on the purchase of Goods, concluded as a result of the Client's Order in the Shop and accepting said Order by the Seller;
7) Order - an order of the purchase of Goods placed by the Client online;
8) Form - a script being a means of online communication, making it possible to place the Order.
1. The Seller offers the following online services - e-shop.
2. The Seller renders online services in accordance with these Terms and Conditions.
3. A technical precondition for using the Shop is having a computer or other devices allowing for browsing the Internet, Internet access and an updated and working e-mail account.
4. There is a ban on the Clients' publishing of any illegal content.
5. Using the Shop may involve risks that are typical for using the Internet, such as spam, viruses, hackers' attacks.
1. The Client's personal data are stored and processed by the Seller in accordance with applicable provisions of law.
2. The legal grounds for processing personal data is the consent of the Clients, as well as statutory authorisation to process personal data under the Act on Personal Data Protection of 29 August 1997 (Polish Journal of Laws: Dz.U. U. 2014.1182 as amended) from the Act of 18 July 2002 on rendering online services (Polish Journal of Laws Dz.U. 2013.1422 as amended).
3. The Seller guarantees that the Clients' personal data will not be disclosed to any unauthorised entities. The Clients' personal data may be disclosed to any entities authorised to receive such data under applicable provisions of law, including competent governmental bodies.
§1. Goods
1. All Products offered in the Shop are new and are free from any defects.
2. The detailed description of the Goods is published on the Shop's website.
3. There may be a guarantee or post-sales service for the Goods. Detailed information in that respect can be found next to the Good's description.
4. The Seller reserves the right to change the form, colour and/or other features of the Goods.
§2. Orders and their realisation
1. An Order may be placed by filling in a Form, available on the Shop's website.
2. A Client is obliged to fill in the Form with care, providing all data in accordance with the facts and selecting a manner of payment and delivery.
3. A Client provides their data in the Form and makes a statement on accepting these Terms and Conditions, processing personal data, sending commercial information, privacy policy and cookie files.
4. The Orders may be placed in the Shop 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or bank holidays are processed on the next working day.
5. By making an Order, the Client declares, in a binding way, his will to purchase Goods. Any additional agreements shall be made in writing under the pain of nullity.
6. The Seller shall send an Order confirmation to the Client at the e-mail address he/she may indicate. An Order shall be deemed as accepted for realisation upon receiving an Order confirmation.
7. The time of realising the order (i.e. until the day of sending the Goods) is a maximum of 14 working days.
8. The Seller has the right to refuse to conclude the agreement or to realise the Order without giving any reason therefor.
§3. Payments
1. All prices of the Goods published in the Shop are net prices in PLN (the prices NOT include VAT). The Price of the Goods does not include costs mentioned in point 2 below. The Price of the Goods provided while placing the Order is binding for both parties.
2. Costs related to the delivery of Goods (e.g. transportation, delivery, postal services) and, if needed, any other costs, shall be borne by the Client. The amount of such costs may depend on the method of delivery of the Goods selected by the Client. The information about such costs is provided at the stage of placing the Order.
3. The Client may select the form of payment:
1) payment before the shipment of Goods (pre-payment). After placing the Order, the Client shall pay/transfer the due amount at the Shop's bank account. The Order is realised after the Client's payment is credited at the Shop's bank account;
2) payment upon delivery of Goods (post-delivery) - a Client makes the payment directly while receiving the Goods. The realisation of the order takes place after the Order is accepted.
1. For every Product sold, the Shop shall issue a purchase certificate and deliver it to the Client together with the Goods.
§4. Shipment
1. The Goods are sent at the address indicated by the Client in the Form unless the Parties agree otherwise.
2. The Product is delivered through a courier or through a post office, as chosen by the Client. The Delivery realised through a post office should be delivered within 1-3 working days from the day of sending the Goods, and the one realised through a courier - within 1 working day from the day of sending the Goods.
3. Together with the Goods, the Seller sends all accessories and instructions of use and maintenance, and all other documents required by generally binding provisions of law.
1. When Goods are handed over to the Client or to the carrier, the benefits and the burdens related to the Goods, as well as the risk of accidental loss or damage of the Goods pass to the Client.
2. The statutory warranty against physical and legal defects of the Goods is excluded.
1. Termination of the Contract by the Seller or by the Client may take place on terms and condition stipulated in the Polish Civil Code (Polish Journal of Laws Dz.U.2014.121 as amended).
1. For matters not regulated in these Terms and Conditions, the relationships with the Clients shall be governed by applicable provisions of generally binding law.
2. A Seller reserves the right to amend these Terms and Conditions with a reservation that for contracts concluded before amending the Terms and Conditions, the version remaining in force while the Order was placed shall apply.
3. Any deviations from these Terms and Conditions shall require a written form under the pain of nullity.
4. The court competent to settle any dispute between the Parties is the court competent as to the Seller's registered office.