Terms and Conditions of the Account at Bayonet.pl

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right to withdraw from the contract
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – A service recipient who is a natural person who has concluded an agreement to maintain an Account on the basis of the Terms and Conditions or is taking steps to conclude such an agreement, without any direct connection to their business or professional activity.

Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, thanks to which the Service Recipient can use additional functions in the Store.

Privileged entrepreneur – A service recipient who is a natural person concluding an account agreement (or taking steps to conclude such an agreement) on the basis of the Terms and Conditions, directly related to their business activity, but not of a professional nature.

Terms and Conditions – these Terms and Conditions of the Account.

Store – the Bayonet.pl online store operated by the Service Provider at bayonet.pl

Service recipient – any entity that has concluded an agreement for the provision an Account or undertakes activities aimed at its conclusion.

Privileged service recipient – A service recipient who is a Consumer or a Privileged Entrepreneur.

Service Provider – BAYONET COMPANY WITH LIMITED LIABILITY with its registered office at address ul. Puławska 34/2/3, 05-500 Piaseczno, entered in the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIV DEPARTMENT ECONOMIC NATIONAL REGISTER COURT, under no. KRS 0001132398, NIP 1231566713, REGON number 52990743700000, share capital 120,000.00 PLN.

Consumer Rights Act – Polish Act of May 30, 2014 on consumer rights.

§ 2 CONTACTING THE SERVICE PROVIDER

Postal address: ul. Puławska 34/2/3, 05-500 Piaseczno
Email address: sklep@bayonet.pl
Phone: +48501191101

The cost of telephone calls or data transmission performed a7> by the Service Recipient results from the basic tariff of the telecommunications operator or a15> the provider of Internet services, whose services are used by the Service Recipient. The Service Provider draws attention to the fact that the cost of an international connection or a29> or international data transmission may be higher than the a37> the cost of a call or transmission within the country – depending on the tariff adopted by the telecommunications operator or a50> provider of Internet services, from services which the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning and creation of an Account, you need:

• active email account,
• device with Internet access,
• browser web supporting JavaScript and files cookies.

§ 4 ACCOUNT

Creating an Account is entirely voluntary and depends on the will of the Service User.

The account provides the Customer with additional features, such as: viewing the history of orders placed by the Customer in the Store, checking the status of an order, or editing the Customer’s data independently.

In order to create an account, you must fill out the appropriate form in the Store.

Upon opening an Account, an indefinite agreement is concluded between the Service Recipient and the Service Provider for the maintenance of the Account on the terms specified in the Terms and Conditions.

The Service Provider shall commence providing the Account maintenance service in accordance with the Terms and Conditions immediately after the conclusion of the Account maintenance agreement.

The Service User may without incurring any costs at any time cancel their Account.

Deleting your Account results in the termination of the Account agreement. In order for the Service Provider to delete your Account, you must send your resignation from the Account to the Service Provider’s email address provided in § 2 of the Terms and Conditions, which will result in the immediate deletion of your Account and termination of the Account agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

The Service Provider requests that complaints regarding the Account be submitted to the postal or email address specified in § 2 of the Terms and Conditions.

The service provider will respond to the complaint within 14 days of receiving the complaint form.

II PRIVILEGED SERVICE RECIPIENTS

The Service Provider shall be liable to the Privileged Customer for the compliance of the service with the contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.

In the event of improper performance of the Account Agreement by the Service Provider, the privileged Service Recipient may exercise the rights set forth in Chapter 5b of the Consumer Rights Act.

If the Service Provider has not delivered the digital service, the privileged Service Recipient may request that it be delivered. If, despite this, the Service Provider fails to deliver the digital service immediately or within an additional period expressly agreed between the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the Account Agreement.

A privileged service recipient may withdraw from the Account agreement without requesting the provision of a digital service if:

• it is clear from the Service Provider’s statement or circumstances that it will not deliver the digital service or
• The Service Recipient privileged and the Service Provider agreed or from the circumstances of concluding the agreement on maintaining the Account clearly results that a specific deadline for the provision of the service digital had significant importance for the Service Recipient privileged, and the Service Provider did not provide it within that time limit.

The Service Provider shall be liable for any non-compliance with the agreement for the operation of a digital account provided on a continuous basis, which occurred or became apparent during the period in which the service was to be provided in accordance with that agreement.

If a digital service is not in accordance with the account agreement, the privileged service recipient may request that it be brought into compliance with that agreement.

In the event of non-compliance of the digital service with the Account Agreement, the Privileged Service Recipient shall be obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, in order to determine whether the non-compliance of the digital service with the Account Agreement in a timely manner is due to the characteristics of the Privileged Service Recipient’s digital environment.

In addition, if the digital service is inconsistent with the Account agreement, the privileged Service Recipient may submit a statement of withdrawal from this agreement when:

• bringing the digital service into compliance with the Account Agreement is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
• The Service Provider has not brought the digital service into compliance with the Account Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the non-compliance with this agreement, and without undue inconvenience to the privileged Service Recipient, taking into account the nature and purpose of the digital service as it is used;
• lack of compliance of the digital service with the agreement for maintaining the Account still exists , despite the fact that a11> the Service Provider has attempted to bring the digital service into compliance with this a18> agreement;
• the non-compliance of the digital service with the Account Agreement is so significant that it justifies withdrawal from the Account Agreement without first using the remedy specified in Article 43m of the Consumer Rights Act (i.e., requesting that the digital service be brought into compliance with the agreement);
• it is clear from the Service Provider’s statement or circumstances that it will not bring the digital service into compliance with the Account Agreement within a reasonable time or without undue inconvenience to the privileged Service Recipient.

III OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

The Service Provider informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The Consumer may use, among others:

• assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The centers provide information on consumer rights and help resolve disputes in cross-border purchases. The assistance of European Consumer Centers is generally free of charge. A list of Consumer Centers for each country can be found at: https://konsument.gov.pl/eck-w-europie/
• the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr – whereby the possibility to submit complaints via the ODR platform expires on March 20, 2025.

In addition, the following forms of support are available in the Republic of Poland:

• mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
• assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa

The previous provision is for informational purposes only and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution methods.

The use of out-of-court methods for handling complaints and pursuing claims is voluntary both for the Service Provider and the Consumer.

Consumers can also seek free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT TO WITHDRAW FROM THE AGREEMENT

A privileged service user has the right to withdraw from the agreement concluded with the Service Provider for maintaining an Account within 14 days without giving any reason.

The deadline for withdrawing from the Account Agreement expires 14 days after the date of conclusion of the Agreement.

In order for the privileged Service Recipient to exercise their right to withdraw from the contract, they must inform the Service Provider, using the details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or email).

The service recipient may use the template form for withdrawal from contract placed at the end of the Terms and Conditions, however it is not mandatory.

In order to meet the deadline for withdrawal from the contract, it is sufficient for the privileged Service Recipient to send information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawal from the contract expires.

§ 7 PERSONAL DATA

The administrator of personal data provided by the Customer in connection with the conclusion of the Account agreement is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as data recipients – can be found in the privacy policy available in the Store – in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.

The purpose of processing the Service User’s data is to maintain the Account. The basis for the processing of personal data in this case is the agreement to maintain the Account or actions taken at the request of the Service User, aimed at concluding such an agreement (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data for the purpose of establishing, pursuing or defending any claims (Article 6(1)(f) of the GDPR).

The provision of data by the Service Recipient is voluntary, but at the same time necessary to conclude an agreement for the maintenance of an Account and the provision of services covered by it. Failure to provide data means that the agreement for the maintenance of an Account cannot be concluded, and the Service Provider will not be able to provide the services covered by it.

The data of the Service Recipient will be processed until the moment when:

• the agreement for maintaining the Account will cease to be valid;
• the Service Recipient or Service Provider will no longer be able to pursue claims related to the Account;
• the Service User’s objection to the processing of their personal data is accepted – if the basis for data processing was the legitimate interest of the Service Provider

– depending on what applies in each case.

The service recipient has the right to request:

• access to their personal data ,
• their corrections,
• removal,
• processing restrictions,
• transfer of data to another controller

as well as the right:

• to object at any time to the processing of data for reasons related to the specific situation of the Service Recipient – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Service Provider).

In order to exercise their rights, the Service Recipient should contact the Service Provider.

If the Service Recipient believes that their data is being processed unlawfully, they may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE ACCOUNT

The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. As a10> valid reason is understood to be the necessity to amend the Terms and Conditions caused by:

• change in functionality of the Account, requiring modification of the Terms and Conditions or
• a change in legal regulations affecting the performance of the Agreement for the maintenance of the Account by the Service Provider or the adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations or decisions of competent public authorities, or
• change in the Service Provider’s contact or identification details.

Information about the planned change to the Terms and Conditions will be sent to the Service User’s email address assigned to the Account at least 7 days before the changes come into effect.

If the Customer does not object to the planned changes by the time they come into effect, it is assumed that they accept them, which does not constitute any obstacle to terminating the contract in the future.

In the event of non-acceptance of the planned changes, the Service Recipient should send information about this to the email address of the Service Provider a14> provided in § 2 of the Terms and Conditions, which will result in termination of the agreement for maintaining Account upon entry into force of planned changes.

The Service Provider may make changes to the Account that are not necessary to maintain its compliance with the Account Agreement, for the reason specified in section 1(b) or due to a change in the functionality of the Account. The introduction of the change referred to in the previous sentence shall not entail any costs for the Privileged Service Recipient. The provisions of paragraphs 2-4 shall apply accordingly.

If the change referred to in paragraph 5 significantly and negatively affects the privileged Service User’s access to or use of the Account, the Service Provider shall send the Privileged Service User, in advance, on a durable medium, information about the nature and date of the change and the rights of the Privileged Service User in connection with the change.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide illegal content.

The Account Agreement is concluded in Polish.

Any agreement made under these Terms and Conditions is subject to Polish law, except for paragraph 4.

The choice of Polish law for a contract concluded with a Consumer under these Terms and Conditions does not waive or limit the Consumer’s rights under mandatory provisions of law applicable to the Consumer in a situation where no choice of law is made. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.

In the event of a dispute with a Service User who is not a Privileged Service User in connection with the Account Agreement, the competent court shall be the court competent for the Service Provider’s registered office.

Any liability of the Service Provider in connection with the Account Agreement in relation to a Service Recipient who is not a Privileged Service Recipient, within the limits permitted by law, is excluded.