Terms of service

REGULATIONS OF THE ONLINE STORE Baltér

1. GENERAL PROVISIONS

  1. The Baltér online store, operating at: balter.com.pl, is run by Balter Sp. z o.o., with its registered office at: al. Jerozolimskie 85/11, 02-001 Warsaw, NIP (Tax ID): 1133046792, REGON: 520629570.

  2. These Regulations define the rules for making purchases in the Baltér online store, in particular the principles and procedures for concluding distance sales agreements via the Store, as well as the complaint procedures and the process of withdrawal from the contract by the Consumer.

  3. In the scope of services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2020, item 344, as amended).

  4. These Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations before making a purchase.

  5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are based on the version of the Regulations valid at the time the order is placed.

  6. Each Customer has the ability to familiarize themselves with the Regulations at any time by clicking on the hyperlink “Store Regulations” on the balter.com.pl website. The Regulations can be downloaded and printed at any time.

  7. All information contained on the balter.com.pl website regarding products (including prices) does not constitute an offer within the meaning of art. 66 of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended), but rather an invitation to conclude a contract, in accordance with art. 71 of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended). When sending the Order Form, the Customer makes a purchase offer for the indicated Product at the price and on the terms specified in the description.

2. DEFINITIONS

  • Regulations – these regulations, organizing the rules of using the Store's services by Customers.
  • Consumer (contracts concluded before January 1, 2021) – a natural person who concludes a civil law contract via the Store, not directly related to their business or professional activity.
  • Consumer (contracts concluded from January 1, 2021) – refers to the following persons: a natural person concluding a civil law contract via the Store, not directly related to their business or professional activity — the so-called “strict sense Consumer,” and a natural person concluding a civil law contract via the Store, directly related to their business activity, if that contract does not have a professional character for that person, especially as resulting from the business activity they perform, and made available under the Central Registration and Information on Business Activity regulations — the so-called “Entrepreneur with Consumer Rights.”
  • Customer – a natural person (including a Consumer) who has completed at least 13 years of age (provided they obtained the consent of a statutory representative), a legal person, or an organizational unit other than a legal person, which is granted legal capacity by specific regulations, and who uses the Services provided by the Store.
  • Order Form – a service available on the Store’s website, through which the Customer can make a purchase, in particular by adding Products to the Basket and determining certain Terms of the Sales Agreement, such as delivery and payment methods.
  • Basket – a part of the Store where the Customer’s selected Products are visible, and where they can set and modify the order data, including the quantity of selected Products.
  • Store – an online service belonging to the Seller, accessible via the domain: balter.com.pl, through which the Customer can purchase Products from the Seller.
  • Seller – Balter Sp. z o.o., with its registered office at: Stefana Okrzei 1a/10p, 03-715 Warsaw, entered into the register of entrepreneurs conducted by the District Court for the Capital City of Warsaw, XIV Commercial Division of the National Court Register, under number KRS: 0000937231, NIP: 1133046792, REGON: 520629570, with a share capital of PLN 5,000, conducting economic or professional activity proposing sales via its website.
  • Product – a movable thing, the subject of transactions between the Store and the Customer, the conditions of sale of which are defined by the Order Form.
  • Sales Contract – a distance sales agreement for the Products concluded by the Customer via the Store, usually through the Order

ACCEPTANCE AND EXECUTION OF ORDERS

  1. Using the Store requires familiarization with these Regulations and acceptance thereof. By placing an order, the Customer accepts the content of the Regulations.

  2. Orders from Customers are accepted via the submitted Order Form, made through the website: balter.com.pl, or by email at kontakt@balter.com.pl, 7 days a week, 24 hours a day.

  3. To place an order, the Customer selects the Products they are interested in, clicks the “ADD TO CART” button next to the product description, then, from the “CART” available in the Store tab, fills out the Order Form, including choosing the delivery and payment method or selecting cash on delivery if available, and then confirms the purchase.

  4. Entrepreneurs considered as so-called “Entrepreneurs with Consumer Rights” (see: definition of “Consumer” in these Regulations), concluding contracts after January 1, 2021, must indicate at the moment of placing the order that the purchase does not have a professional character for them.

  5. After submitting the order, the Customer receives an order confirmation via email sent to the address provided in the Order Form.

  6. After receiving confirmation of acceptance of the offer, the Seller begins the order processing, where:
    a. for orders paid on delivery — the process begins no later than the next working day after confirmation by the Seller.
    b. for orders paid by bank transfer or through the imoje payment gateway — the process begins after the payment is credited to the Store's bank account.

  7. Orders placed in the Store are processed during the Store’s working hours (weekdays from Monday to Friday, from 9:00 to 17:00). Orders placed on weekdays after 5:00 PM, on Saturdays, Sundays, or holidays, will be processed on the next business day.

  8. The Customer will receive a message confirming the acceptance of the order for execution, which is understood as the Seller’s statement of acceptance of the offer. Upon receipt of this message, a sales contract is concluded.

  9. A VAT receipt will be issued for each order. At the Customer’s request, a VAT invoice will also be sent.

  10. The available method of communication between the Customer and the Store is: email – kontakt@balter.com.pl.

  11. The price provided in the order constitutes the total amount payable by the Customer (gross price). It includes the due tax and delivery cost.

  12. The Seller reserves the right to change prices in the Store, introduce new Products, conduct and withdraw promotional campaigns, or make changes to ongoing campaigns, in accordance with applicable law.

  13. If the Consumer is required to pay an amount exceeding the agreed price described in the previous paragraph, the Store will immediately inform the Consumer of this fact, explaining the reason for the price difference. The additional charges will only be imposed after obtaining the Consumer’s explicit consent.

4. DELIVERY AND SHIPPING COSTS

  1. The execution of order shipment in the Store is carried out via parcel lockers and courier services.

  2. Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays, and holidays will be shipped on the next business day.

  3. The expected waiting time for shipment is typically: 3-5 business days. This period includes the time to process the order (assemble the Products) and the estimated delivery time, which is up to 24 hours in Poland.

  4. The Seller is not responsible for delays caused by the carrier.

  5. When receiving the shipment delivered by the courier, the Customer should carefully check the contents and completeness of the shipment, the external packaging condition, and the condition of the ordered Product, in the presence of the courier. In case of damage, the Customer should prepare a damage protocol with the courier, in two identical copies signed by the Customer and the courier.

  6. The Seller covers the delivery costs within the framework of a contract with InPost at the rates from PLN 12.99 to PLN 22.99.

6. COMPLAINTS

  1. The Seller is responsible under warranty for physical and legal defects of the Product, within the scope specified in Articles 556 and subsequent of the Civil Code of April 23, 1964 (Journal of Laws of 2020, item 1740, as amended).

  2. A physical defect of the Product means non-conformity of the sold Product with the contract, which occurs when:

  • the Product lacks properties it should have due to the purpose of the contract, based on the circumstances or intended use;
  • the Product does not have properties that the Seller assured the Customer about;
  • the Product is not suitable for the purpose communicated by the Customer when concluding the contract, and the Seller did not raise an objection regarding this purpose;
  • the Product was delivered to the Customer in incomplete condition.

  1. A legal defect of the Product occurs when the Product belongs to a third party or is encumbered with a third party’s right, or when the restriction in use or disposal results from a decision or ruling of a competent authority.

  2. For Consumers, public assurances of the manufacturer or the entity introducing the Product to the market, within its business activity, or claiming to be the producer, are equally regarded as the Seller’s assurances. However, the Seller is not responsible if they were unaware of these assurances, could not have known about them, or if these assurances could not have influenced the Consumer's decision to conclude the sale, and if the content of these assurances was clarified before concluding the sale.

  3. The Seller is liable under warranty if a physical defect is detected within two years from the date of delivery to the Customer.

  4. For Consumers, if a physical defect is found within one year from the date of delivery, it is presumed that the defect or its cause existed at the time of delivery.

  5. If the Buyer is a Consumer and a physical defect is confirmed within one year from the delivery of the item, it is presumed that the defect or its cause existed at the moment the risk passed to the Buyer.

  6. If the Product has a defect, the Customer may submit a statement to reduce the price or withdraw from the contract unless the Seller immediately replaces the defective Product with a defect-free one or removes the defect. This restriction does not apply if the Product was already replaced or repaired by the Seller, or if the Seller did not fulfill the obligation to replace the Product or remove the defect.

  7. If the Product has a defect, the Customer may also demand the replacement of the item with a defect-free one or the removal of the defect.

  8. The Consumer may, instead of the Seller's proposed removal of the defect, demand the replacement of the Product with a defect-free one or, instead of replacing the Product, demand removal of the defect, unless restoring the Product to conformity with the contract in the manner chosen by the Consumer is impossible or would incur excessive costs compared to the method proposed by the Seller.

  9. The Customer cannot withdraw from the contract if the defect is insignificant.

  10. Complaints regarding Products can be submitted:
    a. in writing, to the address of the Seller’s registered office;
    b. via email, to the email address provided in the Order confirmation.

  11. The complaint should include:
    a. details of the person submitting the complaint (name and surname, correspondence address, optionally – email address and contact phone number);
    b. the reason for the complaint and the content of the claim;
    c. the order number, appearing in the order confirmation;
    d. the original or a copy of proof of purchase (e.g., receipt or invoice), which may facilitate the complaint process but is not mandatory.

  12. The Customer, exercising warranty rights, will deliver the defective Product at the Seller’s expense to: Stefana Okrzei 1a/10p, 03-715 Warsaw.

  13. The Seller commits to respond to the complaint within fourteen (14) days of receipt.

  14. If the complaint is justified, the Seller will replace the defective Product with a defect-free one or remove the defect within fourteen (14) days from the date the complaint was submitted by the Customer.

  15. In the case of a successful withdrawal from the contract, the Seller will refund the payment within fourteen (14) days of receiving the withdrawal, provided that the refund will not be made until the Product is returned or the Customer provides proof of return.

  16. If the Consumer requested a replacement or defect removal or made a statement to reduce the price and the Seller did not respond within fourteen (14) days, it is deemed that the Consumer's request was justified.

  17. The claim for removal of the defect or replacement of the Product with a defect-free one expires after one (1) year from the detection of the defect. In the case of a Consumer, the statute of limitations

7. RIGHT OF WITHDRAWAL

  1. In accordance with the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2020, item 287, as amended), the Consumer has the right to withdraw from the sales contract for Products purchased in the Store without providing a reason, by submitting a written statement within fourteen (14) days from the day of receipt of the Product (the day of receipt by the Consumer). To meet this deadline, the Consumer only needs to send the statement before it expires.

  2. The Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The template of the declaration is attached as Appendix 1 to these Regulations.

  3. The declaration of withdrawal should be sent to the address: Stefana Okrzei 1a/10p, 03-715 Warsaw.

  4. The Consumer will return the Product to the Seller within fourteen (14) days from the day they withdraw from the contract. Sending the Product before the deadline is sufficient to meet the requirement.

  5. The return of the Product should be made to the Seller’s address: ul. Ruskowy Bród 25D, 03-289 Warsaw.

  6. The Seller will return all payments made by the Consumer within fourteen (14) days of receiving the declaration of withdrawal, including the cost of delivery, with the exception that the refund will only be made after the Seller receives the Product back or the Consumer provides proof of its shipment.

  7. The Seller will make the refund using the same payment method the Consumer used unless the Consumer explicitly agrees to another method.

  8. The Consumer bears the costs of returning the Product to the Seller.

  9. The right of withdrawal from the Sales Contract does not apply to contracts where the subject of the performance is: a non-prefabricated item made according to the Consumer’s specifications or serving to meet their individual needs; a perishable item or one with a short expiry date; items delivered in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging was opened after delivery; items that, due to their nature, are inseparably connected with other items after delivery; digital content not supplied on a tangible medium, if the performance began with the Consumer’s clear consent before the deadline for withdrawal and after the Seller informed them of losing the right to withdraw; newspapers, periodicals, or magazines (except subscription contracts); goods whose price depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the withdrawal deadline.

  10. The right of withdrawal does not apply to entities other than Consumers, as defined for the purposes of this Regulations (“Consumer” as per the definition).

8. OUT-OF-COURT DISPUTE RESOLUTION

  1. If the complaint process does not yield the expected result for the Consumer, they can use, among other options: mediation conducted by the regional Trade Inspection Authority (UOKiK) upon request, generally free of charge (list available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595), assistance of the permanent consumer arbitration court operating at the Trade Inspection Authority (list at: https://www.uokik.gov.pl/wazne_adresy.php#faq596), free help of a municipal or district consumer ombudsman, or the online ODR platform at: http://ec.europa.eu/consumers/odr/.

  2. This chapter titled “Out-of-Court Dispute Resolution” does not apply to persons classified as “Entrepreneurs with Consumer Rights” (as defined in this Regulations), for contracts concluded from January 1, 2021. Therefore, for all contracts, this chapter applies only to entities that are strictly Consumers.

9. PERSONAL DATA PROTECTION

  1. When placing an order, the Customer consents to the processing of the personal data provided by them for the purpose of executing and managing the order by the Seller, who is also the data controller within the meaning of Art. 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, pp. 1–88.

  2. The data controller of the personal data provided by the Customer during the use of the Store is the Seller.

  3. Personal data stored in the Seller's database are not shared with entities that are not involved in the implementation of the sales agreement.

  4. The Customer, in accordance with Art. 15 of Regulation (EU) 2016/679, has the right to access their personal data, request correction, or deletion of such data. The Seller ensures that each Customer has the right to control the processing of their personal data.

  5. Providing personal data is voluntary, but the lack of consent to the processing of personal data prevents the Customer from completing the order.

  6. Detailed information on personal data and privacy protection is available in the "Privacy Policy" tab on the Store website.

10. FINAL PROVISIONS

  1. These Regulations define the principles for concluding and performing the sales agreement for the Products available on the Store's website.

  2. The sales agreement is concluded between the Customer and the Seller.

  3. The Regulations are available to all Customers in an electronic version on the website of the Store: balter.com.pl.

  4. To use the Store’s Services, it is necessary to have equipment allowing access to the Internet and an internet browser enabling the display of web pages, as well as to provide an email address for sending information regarding the order execution.

  5. It is prohibited for all persons, including Customers, to post unlawful content on the Store’s website.

  6. For matters not regulated by these Regulations, the applicable provisions of the generally applicable law shall apply.

  7. The Regulations do not exclude or limit any rights of the Customer, being a Consumer, which are granted to them by mandatory law. In case of any discrepancy between the provisions of these Regulations and the mandatory legal provisions granting rights to consumers, the latter shall prevail.

  8. If any of the provisions of these Regulations are or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In such a case, the Parties will replace the invalid or unenforceable provision with another that most faithfully reflects the intended economic purpose. This also applies accordingly to any gaps in the Regulations.

Annex 1:
Consumer’s or Entrepreneur with Consumer Rights’ Withdrawal Form from the binding agreement for the transfer of property

City: ___________, date: __________

Consumer / Entrepreneur with Consumer Rights:
Name and surname: ________________
Address: ________________
Email: ________________
Phone: ________________

Entrepreneur:
Name: Baltér Sp. z o.o.
Address: al. Jerozolimskie 85/11, 02-001 Warsaw

WITHDRAWAL FORM BY THE CONSUMER OR ENTREPRENEUR WITH CONSUMER RIGHTS FROM THE CONTRACT FOR THE TRANSFER OF OWNERSHIP OF THE ITEM

I hereby, acting pursuant to Art. 27 of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2020, item 287, as amended), in the wording of: Art. 27 of the Consumer Rights Act, inform about withdrawal from the contract, concluded on ____________, which involved: ______________________________________________________________________

In connection with the above, I kindly request the refund of the following amount resulting from withdrawal from the contract: ______ PLN (in words: _____________ ____________________), which should be transferred to the following bank account number: _________________________.

With regards,
__________________ (handwritten signature of the Consumer / Entrepreneur with Consumer Rights)