Koszy

TERMS AND CONDITIONS OF THE BRAINYGEARS.PL ONLINE STORE

effective from: [PUBLICATION DATE]

§ 1. General Provisions

  1. The BrainyGears.pl online store is operated by PROFBIT Marcin Kiełb, ul. Reymonta 8, 37-100 Łańcut, Poland, Tax ID (NIP): 8151651840, REGON: 180930423, e-mail: sklep@brainygears.pl, hereinafter referred to as the “Seller”.
  2. These Terms and Conditions set out the rules for using the Store, placing orders, concluding sales agreements, making payments, delivery, withdrawal from the agreement and complaints, as well as the rules applicable to sales to entrepreneurs.
  3. The Store sells physical products, in particular 3D puzzles.
  4. Purchases can be made without creating an account.
  5. These Terms and Conditions are provided free of charge in a manner that allows them to be obtained, saved and reproduced.

§ 2. Definitions

  1. Store – the online store operated at https://brainygears.pl/.
  2. Seller – PROFBIT Marcin Kiełb, with the details specified in § 1.
  3. Customer – a natural person, legal entity or organizational unit with legal capacity making purchases in the Store.
  4. Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity.
  5. Entrepreneur with consumer rights – a natural person entering into an agreement directly related to their business activity, where the content of the agreement indicates that it is not of a professional nature for that person.
  6. Product – a movable item offered in the Store, in particular 3D puzzles.
  7. Order – a declaration of intent made by the Customer to conclude a sales agreement for a Product.

§ 3. Placing Orders

  1. Orders can be placed 24 hours a day, 7 days a week.
  2. The Customer selects the Product, quantity, delivery and payment method, and provides the information necessary to process the Order.
  3. Before placing an Order, the Customer is provided with information about the main features of the Product, the total price including delivery costs, and other essential terms of the transaction.
  4. An Order is placed after the Customer completes the steps indicated in the Store and confirms the obligation to make payment.
  5. The Seller sends confirmation of receipt of the Order to the e-mail address provided by the Customer. The sales agreement is concluded on the terms specified in the Store once the Order has been accepted for processing.
  6. If the Order cannot be fulfilled, the Seller will inform the Customer and refund the funds received for the unfulfilled part of the Order.
  7. The standard processing time for an Order is up to 5 business days, unless a different time is specified for the Product.

§ 4. Products and Prices

  1. Information about the Products, their features, prices and availability is presented in the Store.
  2. Prices include taxes where required by law to be included in the consumer price. Delivery costs are indicated before the Order is placed.
  3. The Seller may offer promotions and price reductions on the terms specified in the Store.
  4. In the case of price reductions, the Seller provides the information required by applicable laws.

§ 5. Payments

  1. Available payment methods are presented during the Order process.
  2. The Store may offer, in particular, Przelewy24, PayPal and Stripe, as well as other payment methods.
  3. For payments made in advance, the Order is processed after the payment has been successfully confirmed.
  4. The Seller issues a sales document in accordance with applicable laws.

§ 6. Delivery

  1. Delivery is made to the address provided by the Customer.
  2. Available delivery methods include, in particular, Poczta Polska and InPost. The Seller may also offer other delivery methods.
  3. The delivery cost and available delivery methods are indicated before the Order is placed.
  4. The delivery time depends on the selected delivery method and is independent of the Order processing time of the Seller.

§ 7. Right of Withdrawal

  1. A Consumer and an entrepreneur with consumer rights who has entered into a distance contract may, as a general rule, withdraw from the contract within 14 days without giving any reason.
  2. The 14-day period begins on the day the Customer or a third party designated by the Customer, other than the carrier, takes possession of the Product.
  3. A withdrawal statement may be sent by e-mail to sklep@brainygears.pl or in writing to the Seller’s address. The withdrawal form provided in the attachment may be used, but it is not mandatory.
  4. The Seller will refund the payments received, including the cost of the cheapest standard delivery method available in the Store, subject to the exceptions provided by law.
  5. The refund will be made using the original payment method, unless the Customer agrees to a different method.
  6. The Seller may withhold the refund until the Product is received or proof of its return is provided, whichever occurs first.
  7. The Customer must return the Product without undue delay and no later than 14 days from the date of withdrawal. The Customer bears the direct cost of returning the Product, unless otherwise provided by law.
  8. The Customer is liable for any reduction in the value of the Product resulting from use beyond what is necessary to establish its nature, characteristics and functioning.
  9. The right of withdrawal does not apply in the cases specified in Article 38 of the Consumer Rights Act, where a particular situation applies to the specific Product.

§ 8. Complaints – Non-Conformity of Goods with the Contract

  1. The Seller is liable to the Consumer and to an entrepreneur with consumer rights for the lack of conformity of the Product with the contract, in accordance with the applicable laws.
  2. A complaint may be submitted to the Seller’s address or by e-mail at: sklep@brainygears.pl.
  3. A complaint should include the Customer’s details, Order number, a description of the problem and the requested resolution. Failure to provide this information does not affect the Customer’s statutory rights.
  4. The Consumer may request repair or replacement of the Product and, in cases provided for by law, a price reduction or withdrawal from the contract.
  5. The Seller bears the costs of repair or replacement in accordance with the law.
  6. The Seller will consider the complaint within the time limit prescribed by applicable law.
  7. These provisions do not limit the Customer’s rights arising from mandatory provisions of law.

§ 9. Sales to Entrepreneurs

  1. A Customer who is an entrepreneur and does not benefit from the protection afforded to an entrepreneur with consumer rights is subject to the rules applicable to B2B sales to the extent permitted by law.
  2. An entrepreneur should, where possible, inspect the shipment and the Product upon delivery and promptly report any identified issues to the Seller. This provision does not exclude rights that cannot be effectively limited.

§ 10. Out-of-Court Dispute Resolution

  1. The Consumer may seek assistance from a municipal or district Consumer Ombudsman and use other available out-of-court methods for handling complaints and pursuing claims.
  2. Information about available procedures is provided by the relevant public authorities.

§ 11. Personal Data

  1. The rules for processing personal data are set out in a separate Privacy Policy available in the Store.
  2. Personal data is processed in particular for the purposes of processing Orders, payments, delivery, and handling complaints and returns, in accordance with the law.

§ 12. Intellectual Property

  1. The rights to photographs, graphics, descriptions, logos and other materials published in the Store belong to the Seller or the respective rights holders.
  2. Without the consent of the rights holder, these materials may not be copied or distributed beyond the scope of permitted use.

§ 13. Amendments to the Terms and Conditions

  1. The Seller may amend these Terms and Conditions for important reasons, in particular due to changes in the law, the operation of the Store, payment methods or delivery methods.
  2. An amendment does not affect the rights acquired by Customers or Orders placed before it comes into effect, unless mandatory provisions of law provide otherwise.
  3. The current version of the Terms and Conditions is available in the Store.

§ 14. Final Provisions

  1. In matters not regulated herein, Polish law shall apply, subject to mandatory provisions protecting Consumers.
  2. No provision of these Terms and Conditions is intended to exclude or limit the rights of a Consumer or an entrepreneur with consumer rights.
  3. These Terms and Conditions shall apply from the date specified in the document.

Appendix No. 1 – Model Withdrawal Form

PROFBIT Marcin Kiełb, ul. Reymonta 8, 37-100 Łańcut, Poland, e-mail: sklep@brainygears.pl

I hereby inform you of my withdrawal from the sales contract for the following Product/Products: ______________________________

Order number / date of conclusion of the contract: ______________________________

Full name: ______________________________

Address: ______________________________

Date: ______________________________

Signature (if the form is submitted on paper): ______________________________