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Terms and conditions
Hi,
We are glad that you are in the legal documents section of our Store. This means that you are an informed customer who cares about your consumer rights and makes sensible purchases.
We have good news in this regard! At MyBasic, we care not only about the quality of products and friendly service, but also about your rights when shopping online. Our documents are in accordance with current legislation, in particular the latest version of the Consumer Rights Act.
Remember, if you have any questions about our policies or the products offered in our online store, you can contact us. We do not leave any question unanswered:
📞 Call us: +48 534 312 312
📧 Email us: shop@mybasic.eu
The online store is available at: mybasic.eu and mybasic.pl and its extensions.
The online store is operated by: MyBasic Sp. z o.o. based in Izabelin B at Rzędziana 11 Street, 05-080 Izabelin B, Poland, registered in the District Court for the City of Warsaw in Warsaw, XIV Economic Department of the National Court Register under KRS: 0000776465, NIP: 1182190916, REGON: 38280858800000, BDO: 000540511, share capital: PLN 505,000.00 (hereinafter: Seller).
Contact with the Online Store is possible:
at e-mail address: shop@mybasic.eu;
at telephone number: +48 534 312 312 (call center open from 9:00 to 16:00, Monday to Friday, except public holidays);
using the mailing address: MyBasic Sp. z.o.o. 11 Rzędziana St., Izabelin B 05-080, Poland;
by means of chat available in the Online Store.
The above-mentioned means of communication are a point of contact for service recipients within the meaning of the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC.
The Seller shall establish a point of contact for state authorities and the European Union and the Digital Services Council for the application of the Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (hereinafter: DSA) at the email address: dsa@mybasic.eu. The appropriate language for contact is Polish and English.
Acceptance of the Terms and Conditions is voluntary, but necessary in order to use selected features of the Online Store (e.g., creating a Customer Account, making a purchase, or joining the Loyalty Program).
The Terms and Conditions are made available free of charge in the Online Store in a way that allows Users to:
to get acquainted with its content,
recording its content by printing it out themselves or saving it on an external carrier, e.g. downloading it as a PDF,
to get acquainted with its current version, as well as its previous versions.
DEFINITIONS. Whenever the following capitalized phrases are used in the following part of the Terms and Conditions, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:
PROMOTIONAL ACTION – special conditions for the sale of Products or provision of services, offered by the Seller at a certain time, which the Customer may take advantage of under the terms and conditions set forth therein, such as, for example, a reduction in the Price for a Product or Promotional Set, or a reduction or absence of Shipping or Return costs. Details of the Promotional Action are governed by the Terms and Conditions of the Promotional Action, as provided within the Online Store. If the Promotional Action is in effect, the provisions of the Promotional Action Regulations shall take precedence over the provisions of these Terms and Conditions.
CCT – the Customer Care Team of the Online Store, which provides information on the activities of the Online Store, including the Products offered or the execution of Orders.
PRICE – the amount of gross remuneration (including tax) due to the Seller for transferring the ownership of the Product to the Client in accordance with the Sales Agreement, specified in Polish zlotys or in another currency. The price does not include delivery costs, unless the terms and conditions of the Promotional Action in force at a given time in the Online Store state otherwise.
CUSTOMER – (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain the legally effective consent of his/her legal representative to conclude the Service Agreement/Sales Agreement and to present such consent at any request of the Seller.
CONSUMER – a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity, within the meaning of Article 22(1) of the Polish Civil Code of April 23, 1964.
CUSTOMER ACCOUNT – Electronic Service; a set of resources in the Seller's ICT system, marked with an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities of the Online Store. The Customer logs into his Account after registering with the Online Store. The Account allows recording and storing information about the Customer's address data for shipment of Products, access to the history of Orders and other services made available by the Seller.
CART – Electronic Service made available to each Customer who uses the Online Store, consisting of enabling him/her to easily place an Order for one or more Products, occasionally to enter discount codes allowing to reduce the Price on the principles specified in separate Regulations of Promotional Actions, to display a summary of the Price of individual Products and all Products in total (including possible shipping costs). The shopping cart also allows you to establish and modify order data, in particular: the number of Products, delivery address, invoice data, delivery method, form of payment. As part of the Shopping Cart service, the Seller may send the Customer an e-mail message about the products remaining in the Shopping Cart or a failed/rejected transaction by the payment intermediary (transaction e-mail). The shopping cart collects the Customer's offers to conclude a Sales Contract, i.e. more than one offer to conclude a Sales Contract can be made within one Order.
LOGIN – Customer's e-mail address provided within the Online Store when creating a Customer Account.
NEWSLETTER – Electronic Service that allows all enrolled users to receive periodic information about the Online Store, in particular about Products, current activities, marketing actions and Promotional Actions, to the e-mail address provided by the User, with his/her express consent.
PRODUCT – an item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller, against payment of the Price. The Product constitutes goods within the meaning of Article 2 item 4a of the Consumer Rights Act of May 30, 2014.
LOYALTY PROGRAM – a service of the Online Store available after the establishment of a Customer Account, which allows collecting points allowing then to purchase Products at a reduced Price or take advantage of other prizes such as free shipping.
ENTERPRISE-CONSUMER - a Customer who is a natural person concluding a contract directly related to his/her business activity, when from the content of this contract it follows that it does not have a professional character for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
TERMS AND CONDITIONS – this document defining, among other things, the rules of concluding Sales Contracts and the rules of providing and using services made available by the Seller via the Online Store to Users and Customers. The Terms and Conditions define the rights and obligations of the User, including the Customer as well as the Seller. With regard to services provided electronically, these Terms and Conditions are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services.
ONLINE STORE - an online sales service run by the Seller.
PRODUCT PAGE - a page in the Online Store that presents detailed information about a Product.
CONTENT – text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are posted and distributed within the scope of the Online Store by the Seller, the Seller's contractors, the Customer or any other person using the Online Store, respectively.
CONTRACT OF SALE – a contract of sale within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of a Product against payment of the Price plus any additional charges, including shipping costs, the terms of which are defined in particular by these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller with the use of means of remote communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Terms and Conditions. The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant terms and conditions. Each Product is subject to a separate Sales Agreement. The Seller, within the functionality of the Online Store, for objective (materially justified) reasons, may reserve the conclusion of only one Contract for several Products due to the direct relationship between the Products - e.g. a Promotional Set, according to the content of the Regulations of the Promotional Action.
ELECTRONIC SERVICE – provision of services by electronic means within the meaning of the Act of July 18, 2002 on the provision of services by electronic means, by the Seller to the Customer via the Online Store, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions on the rules of use of these services are contained in the regulations on the provision of services by these entities.
USER – a natural person browsing the resources of the Online Store, without setting up a Customer Account and making a purchase.
ORDER – a declaration of will of the Customer expressing a direct will to conclude a Sales Agreement at a distance, made with the use of means of remote communication, specifying the Product for which the Customer makes an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and execution of the Sales Agreement. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). During the course of the Promotional Action, the Seller within the functionality of the Online Store for objective reasons may condition the conclusion of a single Sales Contract for several Products within the Promotional Set, due to the direct relationship between the Products. The Order may be assigned a single number, and all offers will be processed in parallel. Acceptance of the Order implies the conclusion of the Sales Contract.
The minimum technical requirements of the User's device for full and correct use of the Online Store:
device with access to the Internet;
the latest version of the Internet browser;
active e-mail account (e-mail address) in order to set up a Customer Account or make a purchase.
The Seller does not guarantee that the use of the Online Store will be without errors or technical interruptions. The Seller reserves the right to suspend or restrict access to the Online Store at any time, without prior notice to Customers. The Seller will strive to immediately restore the operation of the Online Store. Technical interruptions should not affect the processing of Orders already placed.
The Seller is not responsible for the content and contents of other services and portals to which the Customer may be redirected using links placed in the Online Store (e.g. courier companies or payment operators).
The Seller provides the following Electronic Services to Users, including Customers, through the Online Store, which do not require payment of the Price:
maintaining a Customer Account, in case of its registration;
enabling Customers to place Orders, to conclude Sales Contracts, under these Terms and Conditions;
presenting Customers with advertising content tailored to their interests;
enabling Customers to use Shopping Cart services;
enabling Customers to add opinions about purchased products;
allowing to view Content placed within the Store, including marketing content;
Chat;
Newsletter.
The Seller additionally, for the benefit of Customers who have created a Customer Account, provides the following services via the Online Store:
maintaining the Customer's session after the Customer logs into the Account;
storing and making available to the Customer through the Account the history of Orders and settlements;
enabling changes to the Customer's data within the Customer's Account;
providing information about points collected under the Loyalty Program;
providing information on discount codes granted;
enabling the submission of declarations of withdrawal from the Agreement;
enabling the addition of Products to the favorites list.
The use of the Account is possible after the following steps are taken together by the Customer:
completing the registration form by indicating the e-mail address and assigning a password and agreeing to the processing of personal data, accepting the provisions of these Terms and Conditions and Privacy Policy;
confirming the desire to establish a Customer Account by activating the link in the email received at the indicated email address (double opt-in process);
successful registration, which will be confirmed by a notice on the Online Store website, to which the Customer will be redirected after clicking on the activation link.
The Agreement for the Provision of Services is concluded upon receipt by the Customer of a confirmation of registration of the Customer's Account, sent by the Seller to the email address provided by the Customer. The Account is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Seller (e.g. using the means of communication described in Section 1.3 of the Terms and Conditions).
The Seller may also provide Customers with the possibility of creating a Customer Account and logging into the Online Store using accounts established by the Customer with other providers, such as Facebook, Google, Apple, etc.
The use of the Shopping Cart begins when the User adds the first Product to the Shopping Cart.
The Shopping Cart is a service provided free of charge, for the period during which there are unpurchased Products in the User's Shopping Cart. The moment an order is placed and successfully paid for, the service is terminated.
The Customer has the ability to correct the entered data on his/her own within the “Shopping Cart” panel by adding or removing a given item from the Shopping Cart. Removal of an item may automatically remove another item from the Cart as well, due to the direct relationship between the Products. The Shopping Cart also allows you to set and modify order data, in particular: delivery address, invoice data, delivery method, payment method, add discount codes.
Newsletter service includes:
receiving by Users enrolled in it (Service Recipients), who have made available to the Seller (Service Provider) their e-mail address, electronically, including by means of automatic calling systems, commercial information concerning the products and services of the Seller and the Seller's partners, including in particular information about their current offerings, promotions, discounts and marketing actions (e-mail marketing);
receipt by Service Recipients who have provided the Service Provider with data including their name, surname, street, house number, apartment number, postal code, city, country, including in particular placed an order or created an account in the Online Store by mail commercial information about the products and services of the Seller and Seller's partners, including in particular vouchers or dedicated promotional offers (marketing mailings);
receiving by Service Recipients who have made their telephone number available to the Seller, including by means of automatic calling systems, commercial information concerning the products and services of the Seller and the Seller's partners, including in particular information about their current offerings, promotions, discounts and marketing actions (sms marketing).
Using the Newsletter service is possible after the following steps are performed by the User:
providing at least your e-mail address or telephone number, in the designated field in the Online Store or checking the appropriate checkbox to receive commercial information through the selected communication channel;
accepting the provisions of these Terms and Conditions (including additionally by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer - if such functionality has been made available) and confirming that the Customer has read the Privacy Policy. The Service Provider may also provide other ways to accept the provisions of the Terms and Conditions.
The Newsletter service is provided for an indefinite period of time.
The Customer shall have the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter service (resignation from the service), in particular by sending a request for discontinuation of the Newsletter service to the contact data specified in point. 1.3 of the Terms and Conditions, or by clicking on the deactivation link included in the email message sent to the Customer within the Newsletter service, or by clicking on the appropriate button on the Online Store website, to which the link is included in the first message sent to the phone number provided in connection with the Newsletter service registration. Unsubscribing from one of the channels of the Newsletter service in the manner indicated above, does not mean automatic unsubscription from the other channel of the Newsletter service.
The Seller may at any time terminate the Agreement with one month's notice for important reasons, understood as (closed catalog):
a change in the provisions of law governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the Agreement, or a change in the interpretation of the aforementioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field;
a change in the manner in which services are provided due solely to technical or technological reasons (in particular, updates to the technical requirements indicated in these Terms and Conditions);
a change in the scope or provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Terms and Conditions.
The Service Provider shall send its statement to the extent specified in the above paragraph to the e-mail address or telephone number provided by the Client during registration for the Newsletter service.
The Seller may terminate the Agreement with seven days' notice to the Customer or deny the Customer's further right to use the Newsletter service, as well as may restrict the Customer's access to some or all of the content referred to above for valid reasons, i.e. in the event of a gross violation of these Terms and Conditions by the Customer, i.e. in situations where the Customer (closed catalog): uses the Newsletter in a manner inconsistent with the provisions of applicable law and violating the rights of third parties, contrary to the provisions of these Terms and Conditions, as well as inconsistent with custom and rules of social coexistence, in particular, provides content of an unlawful nature.
Within the framework of our Online Store, we do not make any algorithmic decisions on the provision of electronic services, posting of content or processing of applications, complaints and other requests.
Complaints related to the provision of Electronic Services can be submitted in any form. It is recommended to use the means of communication indicated in Section 1.3.
A sample complaint form is available under the Terms and Conditions.
The Seller shall respond to the complaint immediately, no later than within 14 days from the date of its submission.
Information presented in the Online Store constitutes only an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, directed by the Seller to Users, including Customers, and not an offer within the meaning of the Civil Code.
The main features of the performance, including the subject of the performance and the method of communication with the User, are specified on the Product Page or in another manner appropriate for the Product, within the scope of the Online Store. If the Product does not have certain features, characteristics or functions (e.g., it is an outlet product), the Seller shall clearly inform the User about it before the User places the Order.
As part of the development of the Products or services available on the Online Store and due to their specificity, the Seller may introduce restrictions on the ways of placing Orders for certain Products. In the case of placing several Orders at the same time, of which the restriction referred to above applies to at least one, this may affect the availability of the ways of placing Orders for the remaining ones as well.
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
The Seller allows the User to place an Order via the Online Store as follows, in sequence:
The Customer adds the selected Product (or Products) to the Cart, and then proceeds to the Order form (purchase path);
The User who is logged in to his/her Customer Account confirms in the order form the validity of the data necessary to place the Order, if he/she has previously entered it through the Customer Account.
A User who does not have a Customer Account must independently fill in the order form to the extent necessary to place an Order. In the form it is necessary for the Customer to provide the following data: name and surname, address (street, number of the house/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: place and method of delivery of the Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company and Tax Identification Number. In the case of Enterprise-Consumers, the Seller may ask to indicate PKD numbers of the entrepreneur.
In any case, providing outdated or false data when filling out the Order form may prevent the execution of the Order and conclusion of the Sales Agreement.
When filling in the Order form, choose the method of payment of the Price and specify the method of delivery of the Product, if it is subject to shipment.
The Customer sends the Seller the Order (makes an offer). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions and reading the Privacy Policy is required.
Depending on the chosen method of payment for the Order, the Customer may be redirected to the pages of a third-party payment service provider to make payment or provide data for purchase on installments or deferred payment.
The Seller, in response to the Order, shall immediately send an automatic message to the Customer at the e-mail address provided by the Customer for this purpose with confirmation of receipt of the Order or the message referred to in Section 4.7.1.
After verifying the Order, without unreasonable delay, in the case where the Seller did not immediately send the message referred to in Section 4.7.1 under 4.6. in fine, the Seller shall send a message to the Customer at the e-mail address provided with:
confirmation of acceptance of one or more individual offers for the Products, made as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or
information about the impossibility of accepting all offers for Products, made within the Order, e.g. due to lack of payment.
The Sales Agreement shall be concluded upon confirmation of the offers(s) from the Order, i.e. sending to the Customer the email message mentioned above with regard to the Products indicated therein.
By placing an Order, the Customer agrees to receive a bill / invoice, corrective invoice and duplicates of these documents in electronic form, to the indicated e-mail address. With the execution of the Order, the Seller sends a bill / invoice. At the same time, the Customer declares that he will receive the above electronic invoices at the e-mail address provided by him.
If it is not possible to accept all or some of the offers made under the Order, the CCT will contact the Customer in order to:
inform the Customer of the impossibility of accepting all the offers submitted within the Order; or
to confirm the Customer's willingness to implement the Order in the part in which the Seller agreed to accept the offers to conclude the Sales Agreement. The Customer may then cancel the Order in its entirety (to the extent of all offers made), which does not affect its right to withdraw from the contract. The Customer's cancellation of the Order relieves the Seller of the obligation to continue its execution. In the case of cancellation of the Order, the following section shall apply accordingly.
If it is not possible to accept the offers/offers made under the Order, the Sales Agreement in the scope of the Products indicated by CCT is not concluded, and the Seller shall immediately, no later than within 14 days, return to the Customer the payments made by the Customer, to the extent that the Sales Agreement has not been concluded.
Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, SMS or contacting by phone.
The Seller strives to ensure availability of all Products and fulfillment of the Sales Agreement. In case of inability to fulfill the performance in emergency or unforeseen situations and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, in particular concerning the obligation to immediately return the performance to the Consumer, may apply.
The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, during the period selected by it, determine the threshold of the minimum value of the Order, for which shipping of the Products is free. The Customer is informed about the total price including taxes of the Product, as well as delivery costs and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, before placing the Order and before concluding the Sales Agreement.
Promotional actions available in the Online Store cannot be combined unless the Promotion terms expressly state otherwise.
If the same Customer places more than one order at the same time at the Online Store to the same delivery address, the Seller reserves the right to combine the Orders into one and send them to the Customer in a collective package.
The Seller provides the Customer with various methods of payment for the Order through trusted payment intermediaries:
electronic payments (e.g. PayU, BLIK, Przelewy24, Stripe, PayPal);
deferred payments (e.g. PayPo, Twisto);
payment by traditional transfer.
Possible current payment methods are specified in the Online Store and presented before the Customer places an Order and before concluding the Sales Agreement. The available payment methods may depend on the method or address of delivery chosen by the Customer or the characteristics of the Product. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
If the Seller does not receive the Customer's payment, the CCT may contact the Customer to remind him of the payment and the abandoned shopping cart, including by sending an email (transaction email). Failure to make payment within 5 days of the Order, may result in non-acceptance of the offer made by the Customer under the Order. The Customer may also, until receipt of the message about the transfer of the Order for execution, cancel it without any consequences by contacting the Seller via the CCT, which does not affect his right to withdraw from the contract.
Delivery of the Product is made through an external company - a postal operator (e.g., a courier company or a company that performs pick-up at a point), selected by the Customer when placing the Order.
Delivery of the Product to the Customer is charged, unless the Customer has placed an Order with free delivery, after meeting the criteria for free delivery or during a Promotional Action for free delivery. The currently available Product delivery costs are indicated to the Customer prior to placing the Order and concluding the Sales Agreement.
The available delivery methods may depend on the payment method selected by the Customer or the characteristics of the Product. The available delivery methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
Delivery is usually made within 2 business days from the date of confirmation of the Order. The total delivery time of the ordered Product consists of:
time of preparing the Order for shipment by the Seller (up to 2 working days from the date of confirmation of the Order by the Seller). If several Products are ordered, the Order will be forwarded for delivery after the Product with the longest preparation time is prepared;
and the delivery time of the Product by the selected courier company or other postal operator. The delivery time of the courier company or other postal operator is indicated at the stage of placing the Order and depends on the type of ordered Product and the deadlines of the courier company or other postal operator.
In extraordinary situations, the delivery date may be extended, of which the Seller will inform the Customers (e.g. sale period, holiday period, unforeseen circumstances such as pandemic outbreak).
In the event that the Order preparation or Product delivery time is extended, the Seller reserves the right to contact the Customer to inform him of the reason for the delays and the new planned delivery date.
The shipping time of the Order may be extended in the case of Products that will require personalization on the Customer's order. The Customer will be informed of the shipping time on the Product Card or when placing the Order.
When receiving the shipment with the Product from the courier or postal operator, if possible, the Customer should verify with the carrier that the Product was delivered whole, without defects. If the Product is damaged by the carrier, a damage report should be written and the Seller should be informed.
Courier companies, postal operators and companies operating Points of Collection have their own regulations on how the delivery service is carried out (including possible complaints about the delivery, time and manner of reporting possible damage to the shipment and other relevant issues) - detailed information in this regard can be found on the websites of the companies carrying out the delivery. Please familiarize yourself with these terms and conditions before choosing a delivery method.
In the event of failure to deliver the ordered Product via courier, postal operator or a company operating Points of Collection through the fault of the Customer, the Seller will re-deliver the shipment on condition that the Customer covers its costs. If the ordered Product is not collected twice, the Seller reserves the right to withdraw from the contract due to the Customer's failure to perform the contract and to stop providing electronic services to the Customer. In the event of withdrawal from the contract, the Seller will refund to the Customer the payment for the Product less the delivery costs that the Seller had to incur.
The online store recognizes the Large Family Card and offers discounts in connection with it.
In order to take advantage of the aforementioned discounts, the User is obliged to create a Customer Account and then send to the e-mail address indicated in item. 1.3 the number of his/her Large Family Card and other data necessary to verify its validity.
The Online Store, after verification of the submitted data, will grant a permanent discount on the Products.
The discount offered under the Large Family Card does not combine with other discounts and Promotional Actions.
Detailed terms and conditions for granting discounts and their use within the framework of Large Family Cards can be found in the Large Family Card tab on the Online Store website.
It is necessary to have a Customer Account to take advantage of the Loyalty Program.
The program may be used by Customers who are logged in to their Customer Account while adding products to the Cart or those who have logged in to their Customer Account at the latest before placing an Order.
A Customer who fulfills the above-mentioned conditions after concluding a Sales Contract and paying the Price will obtain points thanks to which he/she will be able to purchase Products for a reduced Price when concluding another Sales Contract. The current number of points earned by the Customer may be checked independently in the Customer Panel tab available after logging in to the Customer Account.
In order to use the points, the Customer must log in to the Customer Account and, in the Loyalty Program tab, exchange the collected points for the reward of his/her choice (e.g. discount on Products, free delivery, etc.).
In the event of withdrawal from the Sales Contract, cancellation of the Order or occurrence of other circumstances obliging the Seller to refund the Price paid by the Customer, the points accrued for the conclusion of a given Sales Contract will be deducted from the number of points awarded to the Customer so far.
The awarded points may be used by the Customer within 365 days from the date of their acquisition. After the expiration of this period, the points will expire and the Customer will lose the opportunity to use them.
The detailed terms and conditions of the Loyalty Program, including information on the exact method of calculating points, can be found in the Loyalty Program tab on the Online Store website.
All Customer's opinions on the purchased Products in the Online Store are verified. The Online Store obtains opinions only from people who have actually made a purchase.
After receiving the ordered Products, the Customer may be asked to voluntarily add an opinion on the purchased Product.
The Customer may add an opinion on the Products in the Customer Panel in the section with the details of the placed order.
By filling out the opinion form, the Customer agrees to publish the subjective content contained therein about the purchased Product and to provide personal data to the extent necessary to post the opinion. Depending on the adopted feedback mechanism, the Customer may be asked to give a comment, the number of stars (e.g. from 1 to 5), attach a photo or mark the scale of satisfaction or dissatisfaction with the Product.
Opinions posted on the Online Store are not sponsored in any way, and their content does not affect the terms of future contracts with the Seller.
The Online Store posts all opinions, both positive and negative, as long as their content does not violate the provisions of the Terms and Conditions or applicable law.
Opinions posted on the Online Store are subject to verification that they are made by Customers who actually purchased the Product. The aforementioned verification is carried out by comparing the data of Customers who purchased the reviewed products with the data of the persons posting the opinion:
In the case of posting opinions on the Website on the Product Card, the Customer is obliged to provide the order number or other data on the basis of which the Online Store, for verification purposes, will associate his/her opinion with a specific Order.
The Customer, being a Consumer and Enterprise-Consumers is entitled to make a complaint about the purchased Product.
The Seller is responsible for the compliance of the performance with the Agreement, in particular, it is obliged to provide the Customer with the Product without defects and in accordance with the concluded Sales Agreement. The Seller shall not be liable for the lack of conformity of the Product with the Agreement to the extent specified in Article 43b Section 2 or 3 of the Consumer Rights Act, if the Consumer has been expressly informed that a specific feature of the Product deviates from the requirements of conformity with the Agreement and, at the latest at the time of conclusion of the Sales Agreement, has expressly and separately accepted its features.
The Seller shall be liable for the lack of conformity of the Product with the Agreement existing at the moment of its delivery to the Consumer and revealed within 2 years from that moment, unless the Product's shelf life is longer.
A complaint may be submitted by the Customer in any form. You are encouraged to file a complaint using the form available under these Terms and Conditions or using the forms of communication available in Section 1. 3 of the Terms and Conditions.
In the event of non-conformity of the Product with the Contract, the Customer, being a Consumer and Enterprise-Consumers, shall have the rights set forth in Chapter 5A - Consumer Rights Act (hereinafter: non-conformity of the goods with the Contract).
In case of non-conformity of the goods with the contract, the Consumer may demand:
its repair
or replacement.
The Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer:
is impossible
or would require excessive costs for the Seller.
If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into conformity with the contract. The Seller shall repair or replace the goods at its expense within a reasonable time from the moment when the Seller was informed by the Consumer about non-compliance of the goods with the contract. The Consumer is obliged to make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods at his expense.
The Consumer is also entitled to submit a statement of price reduction or withdrawal from the Sales Agreement when:
the Seller refuses to bring the goods into conformity with the contract;
the Seller fails to bring the goods into conformity with the contract;
the lack of conformity of the goods with the contract continues to exist, despite the fact that the Seller has tried to bring the goods into conformity with the contract;
the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first demanding repair or replacement of the goods;
the Seller's statement or circumstances clearly indicate that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
In the case of a declaration of price reduction by the Consumer, the amounts due as a result of exercising this right will be refunded to the Customer no later than 14 days from the date of receipt by the Seller of the Customer's declaration of price reduction. The refund will be made using the same method of payment that the Customer used when paying for the goods, unless the Customer expressly agrees to a different method of refund.
If the Consumer exercises the right to withdraw from the contract in situations referred to in Article 43e, paragraph 1 of the Consumer Rights Act, the Customer will return the goods to the seller immediately. Any costs associated with the return of goods in the circumstances indicated in the preceding sentence shall be borne by the Seller. The Seller will refund the purchase price within 14 days from the date of receipt of the goods or proof of their return.
The Seller shall be liable for non-conformity of the goods with the contract existing at the time of delivery and disclosed within 2 years from that time. Customer's claims for non-conformity of goods with the contract shall be time-barred after 6 years from the date of disclosure of non-conformity of goods with the contract. The end of the limitation period is the last day of the calendar year.
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant (name and surname, mailing address, telephone number, e-mail address) - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
The Seller will respond to the Customer's complaint immediately, but no later than within 14 days of receipt. Otherwise, the complaint is considered to have been accepted by the Seller.
The use of out-of-court means of dealing with complaints and claims is voluntary. The following provisions are for information purposes and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution. The Seller's statement of consent or refusal to participate in the proceedings on out-of-court settlement of consumer disputes is submitted by the Seller on paper or other permanent medium in the event that, following the complaint filed by the Consumer, the dispute has not been resolved.
The rules for conducting procedures for out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law (including, in particular, the Act of September 23, 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, may be available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, in particular also at the following web address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings on out-of-court settlement of consumer disputes.
The Customer, who is a Consumer, has the following examples of out-of-court means of handling complaints and pursuing claims:
The Customer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection, with a request to resolve a dispute arising from the concluded Sales Agreement.
The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers).
At http://ec.europa.eu/consumers/odr, the European Commission provides a platform̨ for resolving consumer disputes online. The seller does not currently participate in this voluntary alternative dispute resolution procedure.
A Customer, being a Consumer, who has concluded a contract at a distance or off-premises, may withdraw from the contract without giving any reason and without incurring any costs, except those provided by law, within 30 days from the date of taking possession of the purchased Product. The regulations of this section of the Terms and Conditions also apply to the Enterprise-Consumer, who declares that he exercises his right to withdraw from the contract under the Act of May 30, 2014 on Consumer Rights, as he has entered into a contract directly related to his business activity, and the contract itself is not of a professional nature for him.
To meet the deadline, it is sufficient for the Consumer or Enterprise-Consumer to submit a statement to the Seller before its expiration. The Consumer or Enterprise-Consumer may make any unambiguous statement in which he informs about his withdrawal from the Sales Agreement.
The declaration of withdrawal from the Sales Agreement may be submitted using the Returns functionality within the Customer Panel or the withdrawal form, the specimen of which can be found under the Terms and Conditions. The declaration of withdrawal from the Contract may also be submitted in any other form to the data indicated in section 1.3 of the Terms and Conditions or to the dedicated email address: returns@mybasic.eu, but using the functionality within the Customer Panel will help us to process your case faster.
Consumer and Enterprise-Consumer alone bears the cost of returning the Product (the cost of return shipping from the Consumer to the Seller).
The period for withdrawal from the Sales Agreement begins from the date of taking possession of the products by the Consumer, Enterprise-Consumer or a third party other than a carrier (proxy) designated by the Consumer, and in the case of a Sales Agreement that includes multiple products that are delivered separately, in batches or in parts - from taking possession of the last product, batch or part.
Consumer and Enterprise-Consumer is obliged to return the product to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline it is sufficient to return the product before its expiration. The Consumer may return the product to the address:
Omnipack Sp. z o.o. Al. Katowicka 66 Bud. DC04 ramp 40 05-830 Nadarzyn, POLAND, with a note MYBASIC-RETURN.
The Consumer and Enterprise-Consumers can also send back the product through the website SzybkieZwroty.pl (subject to availability in given country).
Consumer and Enterprise-Consumer should secure the returned product in such a way that it is not damaged during transport.
In the case of effective withdrawal from a contract concluded at a distance, the contract is considered not concluded.
The Seller is obliged to immediately, but no later than within 14 days from the date of receipt of the statement of the Consumer or Enterprise-Consumer on withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available in the Online Store). The Seller may withhold sending the refund until it has received the returned goods or sent us confirmation of shipment of the package, whichever comes first.
If the Consumer or Enterprise-Consumer exercises the Statutory Right of Revocation, the Seller shall refund the payment using the same method of payment used by the Consumer, unless he or she has expressly agreed to a different method of refund that does not incur any costs for him or her.
If the Consumer or Enterprise-Consumer exercises the Statutory Right of Revocation, the Consumer or Enterprise-Consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product or in connection with improper care of the Product or improper packaging of the Product when sending it back to the Seller. The liability of the Consumer or the Enterprise-Consumer may include, in particular, the inability to introduce the product for sale as a full-value product, the cost of reattaching tags and security elements to the product, as well as the cost of restoring the Product to a condition that allows it to be reintroduced for sale through the Online Shop, including the cost of examination of the product by a specialist and the cost of removal of defects found as a result of such examination (to the extent that these defects result from the Consumer's use of the product in a manner beyond what is necessary to ascertain its nature, characteristics and functioning).
The statutory right of withdrawal does not apply to the Consumer and the Enterprise-Consumer in the following circumstances:
in case of exceeding the deadline of 30 days to inform the Seller about the will to withdraw from the sales contract;
in situations referred to in Article 38 of the Law on Consumer Rights.
All rights to the Online Store, and in particular, property copyrights, intellectual property rights to its name, Internet domain, as well as to the forms, legal documents, logos, trademarks, text, graphics, photos and other content posted by the Seller belong to the Seller, and their use may be made only in accordance with the Terms and Conditions.
It is forbidden to copy, duplicate, modify, reproduce or distribute any part of the Online Store, the Service or its elements without the prior written consent of the Seller, except as expressly permitted by the provisions of applicable law and these Terms and Conditions. The Seller may take steps, including through legal proceedings, to protect its own interests and those of the Online Store's Customers.
The logo of the Online Store, which is a trademark within the meaning of the Law on Copyright and Related Rights, registered with the Patent Office of the Republic of Poland under number R.311255, enjoys special legal protection.
The rights to use, copy and distribute the data available on the site are subject to the provisions of the Copyright and Related Rights Act.
The use of the data of the Online Store for commercial purposes may be carried out after notifying the Seller and obtaining his written consent.
The principles of personal data protection are defined in the document “Privacy Policy”.
The principles of using cookies on the Website are defined in the document “Cookies Policy”.
This section of the Terms and Conditions and the provisions contained therein apply only to Customers who are not Consumers and Enterprise-Consumers.
At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transporting the shipment.
Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product against the Customer who is not a Consumer is excluded.
Neither the Seller nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
Whenever the liability of the Seller, its employees, authorized representatives and/or agents is established, such liability to the Customer who is not a Consumer, regardless of its legal basis, shall be limited - both as part of a single claim and for all claims in the aggregate - to the amount of the Price paid and delivery costs under the last Sales Contract, and shall cover only the real damage suffered.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
With regard to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable laws.
Content posted on our site must not violate the law and the provisions of the Terms and Conditions.
Through our site, it is also prohibited to:
Advertising activities competitive to the Seller;
Informing about activities, promotions, promoting products or collections, without prior permission of the Seller;
Publishing content containing words considered vulgar, inciting hatred or any form of violence;
Publishing content that violates the personal rights of individuals or legal entities, including the Seller;
Publishing content in a manner contrary to the rules of netiquette;
Publishing content that duplicates content posted by the Seller, Customers or Users;
Publishing content containing links, references to other sites or computer programs;
Publishing content aimed at changing the code of the site or seeking to gain unauthorized access to its elements.
In case of violation of the aforementioned rules of publishing content on the site, the Seller reserves the right to moderate it, including removal.
Seller's evaluation of the content takes place in an objective and proportionate manner, respecting the law. Moderation of content, if any, takes place with respect for the fundamental values included in the Charter of Fundamental Rights, in particular freedom of expression, liberty and pluralism.
The evaluation and moderation of content does not take place in an automated manner. Each content moderation is the responsibility of a designated employee of the Seller.
In the case of content moderation, the Seller will notify the person posting the content of the moderation, as long as the Seller has contact information that allows it to do so (e.g., email address).
Each author of the moderated content has the right to appeal the Vendor's decision regarding the moderation made. For this purpose, the author should reply to the message informing him about the moderation of the content or direct his appeal to the contact information indicated in Section 1.3 of the Terms and Conditions.
If you find content on our site that you or a customer considers illegal, you may report it via the contact form.
In the report, we suggest indicating:
why you think the content is illegal;
indicating the location of the illegal content by describing its location on the site or indicating the relevant URL code or page address where the illegal content is located;
the name and surname or name and email address of the person making the report except for reports of child sexual abuse, child sexual exploitation, child pornography, solicitation of children for sexual purposes, or related to one of the aforementioned crimes;
a statement that the report is made in good faith and that the information contained therein is complete and correct.
If the report contains electronic contact information, the Seller will send an acknowledgement of receipt of the report without undue delay.
If the report contains electronic contact information, the Seller, after processing the report, will inform the reporting entity of the result and indicate a possible avenue of appeal.
The Terms and Conditions shall come into force on 07.10.2024.
The Terms and Conditions are available in English.
In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply.
Unless mandatory provisions of law provide otherwise, the applicable law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.
If the mandatory provisions of the law of the country of the Client's habitual residence provide for more favorable conditions for the Client than the provisions of Polish law and the provisions of these Terms and Conditions, the provisions of the law of the country of the Client's habitual residence shall apply.
The content of these Terms and Conditions may be subject to change in a situation in which the Owner modifies the manner or scope of its business activities or as a result of legal changes resulting in the need to adapt the Terms and Conditions to generally applicable law. The Online Store will inform about any changes by posting information on the Online Store website, in the case of Users subscribed to the Newsletter or having an active Customer Account - in the form of an email message. Each person who receives the aforementioned message will be able to submit a statement of termination of contracts for the provision of electronic services (within no more than 14 days from the date of receipt of the message) implemented on the basis of these Terms and Conditions. The provisions of the Terms and Conditions in effect at the time of placing the Order shall apply to Orders / completed transactions/, placed before the effective date of the amendments to the Terms and Conditions.
Forms: