TERMS AND CONDITIONS OF THE ONLINE STORE www.balamonte.com
“Sales through the online store are carried out by GK4 Poland Sp. z o.o., with its registered office in Trzebiatów, address: ul. Wojska Polskiego 13, 72-320 Trzebiatów, a company entered in the Register of Entrepreneurs of the National Court Register (KRS) under number: 0000691633, VAT number (NIP): 8571923630, share capital: PLN 5,000 fully paid, email address: kontakt@balamonte.com.
Table of Contents
§ 1 General Provisions
§ 2 Provision of Services by Electronic Means
§ 3 Conclusion of the Sales Agreement
§ 4 Payment, Delivery, and Collection of Goods
§ 5 Personal Data
§ 6 Complaints
§ 7 Withdrawal from the Agreement
§ 8 Additional Information
§ 1 General Provisions
These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) set forth the rules for using the Online Store available at https://www.balamonte.com (hereinafter referred to as the “Online Store”), and in particular govern:
the terms and conditions for concluding and performing sales contracts;
the terms and conditions for the provision of services by electronic means;
the rules for consumers’ right to withdraw from the contract without giving any reason;
the rules and procedures for handling complaints.
Definitions of Terms Used in the Terms and Conditions
Online Store – the sales platform available at the website address: https://www.balamonte.com;
Service Provider, Seller, Data Controller – GK4 Poland Sp. z o.o., with its registered office in Trzebiatów, address: ul. Wojska Polskiego 13, 72-320 Trzebiatów, entered into the Register of Entrepreneurs of the National Court Register (KRS) under number: 0000691633, VAT ID (NIP): 8571923630, share capital: PLN 5,000 fully paid, email address: kontakt@balamonte.com;
Customer – a person or an organizational unit using the service provided electronically by the Service Provider, or a person or an organizational unit intending to conclude or having concluded a sales contract with the Seller. A person may become a Customer of the Online Store if they meet the conditions specified in § 1.3 of these Terms and Conditions;
Consumer – a natural person who performs a legal transaction with an entrepreneur that is not directly related to their business or professional activity;
Entrepreneur with Consumer Rights – a natural person entering into a contract directly related to their business activity, if the content of the contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity as disclosed in the Central Register and Information on Economic Activity (CEIDG);
Order – the Customer’s declaration of intent to conclude a contract. Properly placed Orders result in an automatic email confirming receipt of the Order, sent to the email address provided when placing the Order;
Service provided electronically – a free service consisting of making an order form available to Customers. In case of doubts, it shall also be understood as all activities undertaken by the Service Provider to properly handle the process described in the preceding sentence;
Price – the price to be paid by the Customer for the selected products in case of concluding a sales contract via the Online Store;
Delivery – the handing over of products intended for the Customer to third parties for delivery. Deliveries are handled exclusively by specialized courier companies professionally engaged in this type of service;
Shopping Cart – an electronic form provided by the Service Provider in the Online Store, used by the Customer to select products for placing an Order;
A Customer of the Online Store may be a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, granted legal capacity under specific provisions. A natural person with limited legal capacity may also be a Customer of the Online Store, provided this does not violate applicable law.
Orders are fulfilled only within the territory of Poland. To place an Order with shipment to another country, the Customer must contact the Seller individually.
Prices in the Online Store are expressed in Polish zloty (PLN) and include VAT (gross prices). Prices do not include shipping costs. The Customer is informed about the Delivery costs during the Order placement process.
Unless expressly stated otherwise in the commercial information, the goods presented in the Online Store are new, and the Seller is responsible for any physical or legal defects of the goods.
The commercial information published in the Online Store does not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to submit offers, even if it contains a unit price of the product.
The Customer may contact the Seller:
by post at the address: Balamonte, ul. Wiejska 11, suite 1, 00-480 Warsaw, Poland;
by phone at: +48 780 712 948 (Warsaw) or Poznań Showroom, ul. Krysiewicza 3A/26, 61-825 Poznań, Poland, phone: +48 690 314 813 (standard call charge according to the Customer’s service provider’s tariff package);
by email: kontakt@balamonte.com.
§ 2 Provision of Services by Electronic Means
As part of operating the Online Store, the Service Provider undertakes to provide Services by electronic means to the extent and under the conditions specified in these Terms and Conditions.
The provision of Services by electronic means by the Service Provider is free of charge.
Terms of concluding a contract for the provision of Services by electronic means:
The contract for the provision of electronic services consisting of making available an interactive form that allows the Customer to place an Order in the Online Store is concluded at the moment the Customer starts using this service (by adding a product to the Shopping Cart).
The contract for the provision of electronic services consisting of making available an interactive form for placing an Order in the Online Store is concluded for a fixed period and terminates upon placing the Order.
The Service Provider has the right to terminate the contract for the provision of services by electronic means with 7 days’ notice if the Customer provides unlawful content.
Termination and expiration of the contract do not affect the rights already acquired by Customers using the Seller’s Online Store.
The Consumer has the right to withdraw from the contract for the provision of services by electronic means within 14 days from the date of its conclusion (under the terms set out in § 7 of these Terms and Conditions).
§ 3 Conclusion of the Sales Agreement
To place an Order, the Customer should add the selected products to the Shopping Cart, choose the method of Delivery or Personal Collection, provide their contact details, and select a payment method.
The actions specified in § 3.1 are performed by the Customer using an interactive form. In case of any problems with placing an Order, the Customer is asked to contact the Seller.
While placing an Order, the Customer is obliged to provide truthful information.
Before submitting the Order, the Customer is required to confirm that they have read and accepted the Terms and Conditions.
The Order is placed at the moment the Customer clicks the “order with obligation to pay” button or another button with an equivalent wording.
Once the Order has been received by the Online Store system, an automatic email confirming receipt of the Order will be sent to the email address provided by the Customer.
An Order, the receipt of which has been confirmed by the Online Store system (§ 3.6 of these Terms and Conditions), constitutes an offer within the meaning of Article 66 § 1 of the Civil Code and forms the basis for concluding a sales contract between the Customer and the Seller.
If the Seller proceeds with fulfilling the Order, they will confirm this by sending a separate confirmation email to the Customer.
If it is impossible to fulfill the Customer’s Order (due to unavailability of the ordered Goods in stock, at the Store’s suppliers, or for other reasons), the Seller will notify the Customer no later than within 30 (thirty) days from the date of conclusion of the contract and will refund any payments made. The notification will be sent to the email address provided by the Customer in the order form.
The sales contract is considered concluded upon receipt by the Customer of an email from the Seller confirming the commencement of Order fulfillment (the message referred to in § 3.8 of these Terms and Conditions).
§ 4 Payment, Delivery, and Collection of Goods
Payment:
Under the sales contract, the Customer is obliged to pay the Price of the goods specified in the Order, as well as any applicable Delivery costs.
Payment is made in the form chosen by the Customer. The available payment options are listed on the Online Store’s website.
Delivery / Personal Collection:
The Customer may choose between Delivery and Personal Collection of the ordered goods.
The Delivery time should not exceed 7 business days from the conclusion of the sales contract, in accordance with § 3.8 of these Terms and Conditions.
Personal Collection is possible after prior notification to the Customer about the availability of the ordered goods at:
Balamonte Showroom, ul. Wiejska 11, suite 1, 00-480 Warsaw
or
Poznań Showroom, ul. Krysiewicza 3a/26, 61-825 Poznań.
Collection of Goods from the Carrier:
The Seller informs that Customers have the right to inspect the condition of the parcel upon its delivery to the address specified in the Order. This inspection may be carried out before accepting the parcel from the carrier.
If, before accepting the parcel, it becomes apparent that it has been damaged or partially lost, the carrier is obligated to immediately record the condition of the parcel and the circumstances of the damage in a formal report. However, in most cases, the carrier prepares such a report upon request of the person entitled to collect the parcel.
Please note that if you notice any damage or shortage that could not be detected from the outside after accepting the parcel, you are entitled to request the carrier to determine the condition of the parcel immediately after discovering the damage, but no later than within 7 days of receiving the parcel.
In case of any problems or doubts, please contact the Seller.
§ 5 Personal Data
Customers’ personal data are processed by the Data Controller for the purpose of fulfilling sales contracts concluded within the activity of the Online Store. Providing personal data is voluntary in each case, but necessary for the performance of a given contract.
The Data Controller requires only the personal data that are necessary for the proper execution of the contract concluded within the Online Store’s operations. Personal data are processed in accordance with applicable data protection laws, following the implemented data protection policy, and are processed to the extent and for the purpose necessary to establish, shape, amend, or terminate the contract, and for the proper performance of services provided electronically.
The Data Controller has implemented technical and organizational measures to protect Customers’ personal data from being disclosed to unauthorized persons or entities.
Customers’ personal data may be shared with:
The carrier or intermediary selected by the Customer, performing shipments on behalf of the Data Controller — in the case of Customers using the Online Store’s Delivery option for their orders.
The payment service provider selected by the Customer — in the case of Customers using electronic payment or credit/debit card payment methods in the Online Store.
The accounting company responsible for handling tax settlements of the Online Store — in the case of Customers who have concluded a sales contract with the Data Controller.
The company providing software for operating the Online Store or the hosting provider of the Online Store — within the scope necessary to maintain and ensure the proper functioning of the Online Store.
The entities indicated in § 5.4 receive only the data necessary for the proper performance of their services.
The Data Controller has the right to disclose Customers’ personal data to entities authorized under specific legal provisions (e.g., law enforcement authorities).
Unless otherwise required by law, the Data Controller stores the Customer’s personal data for as long as it is necessary to achieve the purposes for which the data were collected.
A Customer whose personal data are processed by the Data Controller has the right to access their data, rectify them, delete them, limit their processing, object to their processing, transfer the data, and lodge a complaint with a supervisory authority, which in Poland is the Personal Data Protection Office (UODO).
Personal data may be deleted following the withdrawal of consent or upon legally permissible objection to their processing.
The Data Controller reserves the right to process Customers’ personal data after the termination of the contract or withdrawal of consent only to the extent necessary to pursue possible claims before a court or if national, EU, or international laws obligate the Data Controller to retain the data.
Contact with the person supervising personal data processing is possible via email: kontakt@balamonte.com or by post to the address: Warsaw 00-480, ul. Wiejska 11, suite 1.
§ 6 Complaints
If the delivered goods are not in conformity with the sales contract, the Customer who is a Consumer or an Entrepreneur with consumer rights is entitled to the rights specified in the Consumer Rights Act.
The Seller is liable for any lack of conformity of the goods with the sales contract that exists at the time of delivery and becomes apparent within two years from that moment, unless the expiry date of the goods, as specified by the Seller, is longer.
If the Product is not in conformity with the Sales Agreement, the Consumer or the Entrepreneur with consumer rights may demand that the Product be repaired or replaced.
The Seller may replace the Product when the Consumer or Entrepreneur with consumer rights requests a repair, or the Seller may repair the Product when the Consumer or Entrepreneur with consumer rights requests a replacement, if bringing the Product into conformity with the Sales Agreement in the manner chosen by the Consumer or Entrepreneur with consumer rights is impossible or would involve excessive costs for the Seller.
If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the sales contract.
In the cases specified in the Consumer Rights Act, where the goods are not in conformity with the sales contract, the Consumer or Entrepreneur with consumer rights may submit a statement of price reduction or withdrawal from the Sales Agreement. This applies when:
The Seller has refused to bring the goods into conformity with the Sales Agreement due to the impossibility of performing the repair or replacement, or due to excessive costs involved;
The Seller has not brought the goods into conformity with the sales contract within a reasonable time from the moment they were informed by the Consumer of the lack of conformity, and without undue inconvenience to the Consumer or Entrepreneur with consumer rights, taking into account the nature of the goods and the purpose for which the Customer purchased them;
Despite the Seller’s attempts to bring the goods into conformity with the sales contract, the lack of conformity still occurs;
The lack of conformity is significant enough to justify a price reduction or withdrawal from the sales contract without prior use of the protective measures indicated in paragraph 3;
From the Seller’s statement or circumstances, it is clear that the Seller will not bring the goods into conformity with the sales contract within a reasonable time or without undue inconvenience to the Consumer or Entrepreneur with consumer rights.
The Consumer or Entrepreneur with consumer rights may not request withdrawal from the sales contract if the lack of conformity of the goods with the sales contract is insignificant.
It is recommended that when submitting a complaint regarding a purchased product, the Customer:
Provide the Seller with information about the subject of the complaint, in particular, specifying the type and date of the defect;
Specify the requested action related to the complaint (repair of the goods, replacement with new goods);
Provide their contact details.
The Seller informs that for products also covered by a warranty, the rights under that warranty should be exercised in accordance with the terms set out in the warranty card. The warranty for the sold product does not exclude, limit, or suspend the Customer’s rights arising from the Seller’s liability under the Consumer Rights Act.
The Customer may also submit complaints related to the operation of the Online Store website or the use of services provided electronically.
Complaints will be processed without undue delay, but no later than within 14 days.
The response to the complaint will be sent to the email address provided by the Customer or another method indicated by the Customer.
To facilitate the complaint procedure, the Customer may use the complaint form provided by the Seller. (The complaint form template constitutes Annex No. 1 to these Terms and Conditions).
§ 7 Withdrawal from the Agreement
A Customer who is also a consumer within the meaning of Article 22[1] of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), who has concluded a distance contract, may withdraw from it without giving any reason by submitting an appropriate statement within fourteen (14) days. To meet this deadline, it is sufficient to send the statement before the deadline expires. The statement may be sent to the Online Store’s email or postal address.
The fourteen-day period during which the Consumer may withdraw from the contract is counted from:
– the day the product is taken into possession by the Consumer or a third party indicated by the Consumer, other than the carrier — in the case of a sales contract (exceptions to the initial date of the period are indicated in points b) and c));
– the day the last batch or part of the goods is taken into possession by the Consumer or a third party indicated by the Consumer other than the carrier — in the case of a sales contract covering multiple items delivered in batches or parts;
– the day the first item is taken into possession by the Consumer or a third party indicated by the Consumer other than the carrier — in the case of a contract for the regular delivery of goods over a specified period;
– the date of conclusion of the contract — in the case of a contract for the provision of electronic services.
The Seller, upon receiving a statement of withdrawal from the contract, shall immediately confirm its receipt by sending an email to the Consumer.
In the event of withdrawal from the contract, the sales contract or the contract for the provision of electronic services shall be considered void. Everything provided by the parties shall be returned in an unchanged state, unless the change was necessary to determine the nature, characteristics, and functioning of the goods, or § 7.7 of the Terms and Conditions applies. The return should take place without undue delay, no later than within fourteen days.
The Seller will refund the payments received from the Consumer using the same payment method used by the Consumer unless the Consumer expressly agrees to a different refund method that does not involve any costs for them. The Seller may withhold the refund until the item is received back or the Consumer provides proof of having sent it back, whichever occurs first.
The Consumer shall only bear the direct costs of returning the goods to the Seller.
If the Consumer chose a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
The Consumer is responsible for any reduction in the value of the goods resulting from using them in a way that exceeds what is necessary to determine the nature, characteristics, and functioning of the goods.
The right to withdraw from a distance contract does not apply to the Consumer in relation to contracts:
– for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the provision began that after full performance of the service by the Seller, they would lose the right to withdraw from the contract, and acknowledged this;
– in which the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and which may occur before the withdrawal period expires;
– where the subject of the contract is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs;
– where the subject of the contract is goods that, after delivery, due to their nature, are inseparably connected with other items;
– where the Consumer expressly requested the Seller to come to them to perform urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or supplies goods other than spare parts necessary for repair or maintenance, the right of withdrawal applies to such additional services or goods;
– concluded at a public auction;
– for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has started the provision with the express and prior consent of the Consumer, who was informed before the provision began that after full performance of the service by the Seller, they would lose the right to withdraw from the contract, and acknowledged this, and if the Seller provided confirmation thereof;
– for the provision of services for which the Consumer is obliged to pay the price, if they explicitly requested the Seller to come to them to carry out repair, and the service has already been fully performed with the Consumer’s express and prior consent.
The provisions concerning consumers contained in this section shall apply to a natural person entering into an agreement directly related to their business activity, if it results from the content of the contract that it is not of a professional nature for that person, arising in particular from the subject of their business activity made available based on the provisions of the Central Register and Information on Economic Activity.
A model withdrawal form constitutes Annex No. 2 to these Terms and Conditions.
§ 8 Additional Information
To avoid any discrepancies or errors, it is recommended that the device used by the Customer to access the Online Store meets at least the following technical requirements necessary for cooperation with the ICT system used by the Service Provider:
– A computer or mobile device with Internet access.
– An up-to-date web browser.
– Screen resolution of 1280 x 800, 24-bit or 32-bit color.
– The Customer’s active email account.
In matters not regulated by these Terms and Conditions, the provisions of applicable law in force in the territory of the Republic of Poland shall apply, including in particular: the Civil Code, the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended); the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827), and other relevant provisions of Polish law.
Amendments to the Terms and Conditions:
The Service Provider reserves the right to amend these Terms and Conditions. Information about any changes will be clearly communicated by posting them on the website of the Online Store. Additionally, the Customer will be asked to accept the new Terms and Conditions each time before placing an Order.
Amendments to the Terms and Conditions will not infringe upon the acquired rights of Customers using the Online Store prior to the effective date of such changes, in particular, they will not affect Orders placed and/or fulfilled. In such cases, these Orders will be processed under the rules set forth in the previous version of the Terms and Conditions.
The sales agreement for goods is concluded in accordance with Polish law and in the Polish language.
A Customer who is a Consumer, in the event of a dispute with the Seller, has the option to use out-of-court complaint and redress procedures. The Consumer may, among others:
– apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement,
– apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings to resolve amicably the dispute between the Customer and the Seller,
– obtain free assistance in resolving a dispute between the Customer and the Seller by contacting a district (city) consumer ombudsman or a consumer protection organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, Polish Consumers Association),
– submit a complaint via the online dispute resolution platform (ODR) available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL. This is a European online dispute resolution platform for disputes between consumers and businesses. The platform operates in all official languages of the European Union and can be used after completing the Seller’s complaint procedure.
These Terms and Conditions enter into force on January 1, 2023.