MyBasic Store Terms and Conditions

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Hi there,

we're glad you've found your way to the legal documents section of our Store. This means you are a conscious Customer who cares about their consumer rights and makes sensible purchases.

We have good news for you! At MyBasic, we care not only about product quality and friendly service, but also about your rights when shopping online. Our documents comply with applicable regulations, in particular with the latest version of the Consumer Rights Act.

Remember, if you have any questions related to our policies or the products offered in our online store, you can contact us. No question is left unanswered:

• 📞 Call us: 534 312 312

• 📧 Email us: [email protected]

1. General provisions

1. The Online Shop is available at: mybasic.eu and mybasic.eu, as well as their extensions.

2. The Online Shop is operated by: MyBasic Sp. z o.o. with its registered office in Izabelin B at ul. Rzędziana 11, 05-080 Izabelin B, registered with the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division of the National Court Register under KRS number: 0000776465, NIP: 1182190916, REGON: 38280858800000, BDO: 000540511, share capital: PLN 505,000.00 (hereinafter: Seller).

3. Contact with the Online Shop is possible:

   1. via email at: [email protected];

   2. by phone at: +48 534 312 312 (call centre open from 9:00 to 16:00, Monday to Friday, excluding public holidays);

   3. using the correspondence address: MyBasic Spółka z o.o. ul. Rzędziana 11, Izabelin B 05-080;

   4. via the chat available on the Online Shop.

4. The above communication channels serve as a point of contact for recipients of services within the meaning of the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC.

5. The Seller hereby establishes a point of contact for state authorities as well as the European Union and the Digital Services Board for the purposes of applying Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (hereinafter: DSA) at the following email address: [email protected]. The languages appropriate for contact are Polish and English.

6. Acceptance of the Terms and Conditions is voluntary, but necessary in order to use certain functions of the Online Shop (e.g. creating a Customer Account, making a purchase, or joining the Loyalty Programme).

7. The Terms and Conditions are made available free of charge in the Online Shop in a manner enabling Users to:

   1. read its content,

   2. record its content by printing it out or saving it to an external storage medium, e.g. downloading it as a PDF,

   3. view its current version as well as previous versions.

8. DEFINITIONS. Whenever the following capitalised terms are used in the further part of the Terms and Conditions, they should be understood as defined below, unless the context of their use clearly indicates otherwise:

   1. PROMOTIONAL CAMPAIGN – special terms of sale of Products or provision of services, offered by the Seller for a specified period, which the Customer may take advantage of on the terms specified therein, such as a reduction in the Price of a Product or Promotional Set, or a reduction in or waiver of Delivery or Return costs. The details of a Promotional Campaign are governed by the Promotional Campaign Terms and Conditions, in accordance with the information made available within the Online Shop. If a Promotional Campaign is in effect, the provisions of the Promotional Campaign Terms and Conditions take precedence over the provisions of these Terms and Conditions.

   2. CUSTOMER SERVICE – the Customer Service Office of the Online Shop, which provides information regarding the activities carried out by the Online Shop, including the Products offered and the fulfilment of Orders.

   3. PRICE – the gross amount of remuneration (including tax), specified in Polish zloty or another currency, due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The Price does not include delivery costs, unless the terms of a Promotional Campaign in effect at a given time in the Online Shop state otherwise.

   4. CUSTOMER – (1) a natural person; or acting through an authorised person (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity; possessing full legal capacity to perform legal acts. Where the Customer is a natural person with limited legal capacity, they undertake to obtain the legally effective consent of their statutory representative to conclude the Service Agreement/Sales Agreement and to present such consent at the Seller's request.

   5. CONSUMER – a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity, within the meaning of Article 22(1) of the Act of 23 April 1964, the Civil Code.

   6. CUSTOMER ACCOUNT – an Electronic Service; a collection of resources in the Seller's ICT system, identified by an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities of the Online Shop. The Customer accesses the Account using the Login and Password. The Customer logs into their Account after registering with the Online Shop. The Account allows the Customer to save and store address details for the delivery of Products, access to Order history, and other services made available by the Seller.

   7. BASKET – an Electronic Service made available to every Customer using the Online Shop, allowing them to easily place an Order for one or more Products, occasionally enter discount codes enabling a Price reduction on the terms specified in separate Promotional Campaign Terms and Conditions, and view a summary of the Price of individual Products and all Products combined (including any delivery costs). The Basket also allows the order details to be set and modified, in particular: the quantity of Products, delivery address, invoice details, delivery method, and payment method. As part of the Basket service, the Seller may send the Customer an email regarding products remaining in the Basket or a failed/rejected payment transaction (transactional email). The Basket collects offers submitted by the Customer to conclude a Sales Agreement, i.e. more than one offer to conclude a Sales Agreement may be submitted within a single Order.

   8. LOGIN – the Customer's email address provided within the Shop when creating a Customer Account.

   9. NEWSLETTER – an Electronic Service that enables all subscribed users to receive periodic information about the Online Shop, in particular about Products, current activities, marketing campaigns and Promotional Campaigns, to the email address provided by the User, with their explicit consent.

   10. PRODUCT – an item available in the Online Shop that is the subject of a Sales Agreement between the Customer and the Seller, in exchange for payment of the Price. A Product constitutes goods within the meaning of Article 2(4a) of the Act of 30 May 2014 on Consumer Rights.

   11. LOYALTY PROGRAMME – a service of the Online Shop available after creating a Customer Account, which allows points to be collected that can subsequently be used to purchase Products at a reduced Price or to take advantage of other rewards, such as free delivery.

   12. ENTREPRENEUR – CONSUMER - a Customer who is a natural person entering into an agreement directly related to their business activity, where the content of that agreement indicates that it does not have a professional character for that person, resulting in particular from the subject matter of the business activity carried out, as made available on the basis of the provisions on the Central Register and Information on Economic Activity.

   13. TERMS AND CONDITIONS – this document setting out, among other things, the rules for concluding Sales Agreements and the rules for providing and using services made available by the Seller via the Online Shop to Users and Customers. The Terms and Conditions set out the rights and obligations of the User, including the Customer, as well as of the Seller. With respect to services provided electronically, these Terms and Conditions constitute the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services.

   14. ONLINE SHOP - the online sales platform operated by the Seller.

   15. PRODUCT PAGE - a page in the Online Shop presenting detailed information about a Product.

   16. CONTENT – textual, graphic or multimedia elements (e.g. information about Products, Product photos, promotional videos, descriptions, comments), including works within the meaning of the Act on Copyright and Related Rights, as well as images of natural persons, which are posted and disseminated within the Online Shop by the Seller, the Seller's business partners, the Customer, or another person using the Online Shop, as applicable.

   17. SALES AGREEMENT – a sales agreement within the meaning of the provisions of the Civil Code, concerning the sale by the Seller to the Customer of a Product in exchange for payment of the Price plus any additional charges, including delivery costs, the terms of which are set out in particular in these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Order has been accepted by the Seller in accordance with the terms set out in these Terms and Conditions. The Sales Agreement sets out, in particular, the Product, its main features, the Price, delivery costs and other essential terms. Each Product is the subject of a separate Sales Agreement. Within the functionality of the Online Shop, for objective (factually justified) reasons, the Seller may stipulate that only one Agreement may be concluded for several Products due to a direct connection between the Products – e.g. a Promotional Set, in accordance with the content of the Promotional Campaign Terms and Conditions.

   18. ELECTRONIC SERVICE – the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services, by the Seller to the Customer via the Online Shop, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions concerning the terms of use of such services are set out in the terms and conditions relating to the provision of services by those entities.

   19. USER – a natural person browsing the resources of the Online Shop, without the need to create a Customer Account or make a purchase.

   20. ORDER – a declaration of intent by the Customer expressing a direct intention to conclude a Sales Agreement at a distance, submitted using means of distance communication, specifying the Product for which the Customer is submitting an offer to conclude a Sales Agreement, as well as the Customer's details necessary for the potential conclusion and performance of the Sales Agreement. The Order for each Product will be treated as an independent offer by the Customer to conclude a Sales Agreement (technical facilitation). During a Promotional Campaign, the Seller may, within the functionality of the Online Shop, for objective reasons, make the conclusion of a single Sales Agreement for several Products conditional upon them forming part of a Promotional Set, due to a direct connection between the Products. An Order may be assigned a single number, and all offers will be processed in parallel. Acceptance of the Order constitutes conclusion of the Sales Agreement.

2. Rules for using the Online Store

1. Minimum technical requirements for the User's device enabling full and correct use of the Online Store:

   1. a device with access to the Internet;

   2. the latest version of a web browser;

   3. an active email account (email address) in order to set up a Customer Account or make a purchase.

2. The Seller does not guarantee that the use of the Online Store will proceed without errors or technical interruptions. The Seller reserves the right to suspend or restrict access to the Online Store at any time, without the need to inform Customers in advance. The Seller will strive to restore the operation of the Online Store as soon as possible. Technical interruptions should not affect the fulfilment of Orders already placed.

3. The Seller is not responsible for the content of other websites and portals to which the Customer may be redirected using links placed in the Online Store (e.g. courier companies or payment operators).

3. Electronic services in the Online Store

1. The Seller provides the following Electronic Services to Users, including Customers, via the Online Shop, which do not require payment of a Price:

   1. maintaining a Customer Account, in the event of its registration;

   2. enabling Customers to place Orders and conclude Sales Agreements, on the terms set out in these Terms and Conditions;

   3. presenting Customers with advertising content tailored to their interests;

   4. enabling Customers to use the Basket services;

   5. enabling reviews of purchased products to be added;

   6. enabling browsing of Content placed within the Shop, including marketing content;

   7. Chat;

   8. Newsletter.

2. Additionally, for Customers who have created a Customer Account, the Seller provides the following services via the Online Shop:

   1. maintaining the Customer's session after they log in to their Account;

   2. storing and making available to the Customer, via the Account, their order history and settlements;

   3. enabling changes to the Customer's data within the Customer Account;

   4. providing information on points collected under the Loyalty Programme;

   5. providing information on discount codes granted;

   6. enabling declarations of withdrawal from the Agreement to be submitted;

   7. enabling Products to be added to a favourites list.

3. Using the Account is possible after the Customer has completed the following steps together:

   1. filling in the registration form by providing an email address and setting a password, and giving consent to the processing of personal data, accepting the provisions of these Terms and Conditions and the Privacy Policy;

   2. confirming the wish to create a Customer Account by activating the link in the email received at the given email address (double opt-in process);

   3. successfully registering, which will be confirmed by a message on the Online Shop's website, to which the Customer will be redirected after clicking the activation link.

4. The Service Agreement is concluded upon the Customer's receipt of confirmation of the Customer Account registration, sent by the Seller to the email address provided by the Customer. The Account service is provided free of charge for an indefinite period. The Customer may, at any time and without giving a reason, delete their Account (cancel the Account) by sending an appropriate request to the Seller (e.g. using the means of communication described in point 1.3 of the Terms and Conditions).

5. The Seller may also enable Customers to create a Customer Account and log in to the Online Shop using accounts set up by the Customer with other providers, such as Facebook, Google, Apple, etc.

6. Use of the Basket begins when the User adds the first Product to the Basket.

7. The Basket is a service provided free of charge for the period during which unpurchased Products remain in the User's Basket. The service ends once an order is placed and successfully paid for.

8. The Customer can independently correct the data entered within the "Basket" panel by adding or removing a given item from the Basket. Removing a given item may automatically result in the removal of another item from the Basket due to a direct link between the Products. The Basket also allows the order data to be set and modified, in particular: delivery address, invoice details, delivery method, payment method, and adding discount codes.

9. The Newsletter service includes:

   1. receipt by Users subscribed to it (Service Recipients), who have provided the Seller (Service Provider) with their email address, by electronic means, including automated calling systems, of commercial information regarding the products and services of the Seller and the Seller's partners, including in particular information about their current offer, promotions, discounts and marketing campaigns (e-mail marketing);

   2. receipt by Service Recipients, who have provided the Service Provider with data including their first name, surname, street, house number, flat number, postcode, town, country, including in particular those who have placed an order or created an account in the Online Shop, of commercial information regarding the products and services of the Seller and the Seller's partners, sent by post, including in particular vouchers or dedicated promotional offers (marketing mailings);

   3. receipt by Service Recipients, who have provided the Seller with their phone number, including via automated calling systems, of commercial information regarding the products and services of the Seller and the Seller's partners, including in particular information about their current offer, promotions, discounts and marketing campaigns (sms marketing).

10. Using the Newsletter service is possible after the User completes the following steps:

    1. providing at least their email address or phone number in the field designated for this purpose in the Online Shop, or ticking the relevant checkbox in order to receive commercial information via the chosen communication channel;

    2. accepting the provisions of these Terms and Conditions (including additionally by clicking on the activation link sent by the Seller to the email address provided by the Service Recipient – provided such functionality has been made available) and confirming that they have read the Privacy Policy. The Service Provider may also make other ways of accepting the Terms and Conditions available.

11. The Newsletter service is provided for an indefinite period.

12. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter service (cancel the service), in particular by sending a request to stop providing the Newsletter Service to the contact details given in point 1.3 of the Terms and Conditions, or by clicking the deactivation link contained in an email sent to the Service Recipient as part of the Newsletter service, or by clicking the relevant button on the Online Shop's website, the link to which is included in the first message sent to the given phone number in connection with registration for the Newsletter service. Unsubscribing from one of the Newsletter service channels in the manner indicated above does not automatically mean unsubscribing from the other Newsletter service channel.

13. The Seller may terminate the Agreement at any time with one month's notice for important reasons, understood as (closed list):

    1. a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the Agreement, or a change in the interpretation of the above laws as a result of court rulings, decisions, recommendations or guidelines of authorities or bodies competent in a given area;

    2. a change in the manner of providing services caused solely by technical or technological reasons (in particular, updates to the technical requirements specified in these Terms and Conditions);

    3. a change in the scope or provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new functionalities or services, or the modification or withdrawal by the Service Provider of existing functionalities or services covered by the Terms and Conditions.

14. The Service Provider sends its declaration under the above paragraph to the email address or phone number provided by the Service Recipient during registration for the Newsletter service.

15. The Seller may terminate the Agreement with the Service Recipient with seven days' notice, or refuse them further right to use the Newsletter service, and may also restrict their access to part or all of the content referred to above, for important reasons, i.e. in the event of a serious breach of these Terms and Conditions by the Service Recipient, i.e. in situations where the Service Recipient (closed list): uses the Newsletter in a manner inconsistent with applicable law and infringing the rights of third parties, in a manner inconsistent with the provisions of the Terms and Conditions, as well as inconsistent with the customs and principles of social conduct adopted in this regard, in particular by providing unlawful content.

16. Within our Online Shop, we do not make any algorithmic decisions regarding the provision of electronic services, the posting of content, or the handling of reports, complaints and other requests.

17. Complaints related to the provision of Electronic Services may be submitted in any form. It is recommended to use the means of communication indicated in point 1.3 of the Terms and Conditions.

18. A sample complaint form is available below the Terms and Conditions.

19. The Seller responds to a complaint promptly, no later than within 14 days of its submission.

4. Terms of placing an Order and concluding a Sales Agreement

1. The information presented in the Online Shop constitutes merely an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by the Seller to Users, including Customers, and not an offer within the meaning of the provisions of the Civil Code.

2. The main characteristics of the service, including the subject of the service and the method of communication with the User, are set out on the Product Page or in another manner appropriate to the given Product, within the Online Shop. If a Product does not have specific features, properties or functions (e.g. it is an outlet product), the Seller will clearly inform the User of this before they place an Order.

3. As part of the development of the Products or services available in the Online Shop and due to their specific nature, the Seller may introduce restrictions on the ways in which Orders for specific Products may be placed. If several Orders are placed at the same time, and at least one of them is subject to the restriction referred to above, this may affect the availability of the ways of placing Orders for the remaining ones as well.

4. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order.

5. The Seller enables the User to place an Order via the Online Shop in the following way, in sequence:

   1. The Customer adds the selected Product (or Products) to the Cart, then proceeds to the order form (purchase path);

   2. A User who is logged into their Customer Account confirms in the order form the currency of the data necessary to place the Order, provided they had previously entered it via the Customer Account.

   3. A User who does not have a Customer Account must complete the order form on their own to the extent necessary to place the Order. The form requires the following Customer data to be provided: first and last name, address (street, house/flat number, postal code, city, country), e-mail address, contact phone number, as well as data relating to 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 name and tax identification number (NIP). In the case of Entrepreneur Customers, the Seller may request the entrepreneur's PKD (business activity) codes.

   4. In every case, providing outdated or untrue data when completing the order form may prevent the fulfilment of the Order and the conclusion of the Sales Agreement.

   5. When completing the Order form, the Customer must select the method of payment of the Price and specify the method of delivery of the Product, if it is subject to shipping.

   6. The Customer sends the Order to the Seller (submits 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 familiarisation with the Privacy Policy are required.

   7. Depending on the chosen method of payment for the Order, the Customer may be redirected to the pages of an external payment service provider in order to make the payment, or may be required to provide data in order to purchase in instalments or as part of deferred payment.

6. In response to the Order, the Seller shall promptly send the Customer an automatic message to the e-mail address provided by the Customer for this purpose, confirming receipt of the Order, or the message referred to in point 4.7.1.

7. After verifying the Order, without undue delay, in a case where the Seller has not immediately sent the message referred to in point 4.7.1 on the basis of point 4.6 in fine, the Seller shall send the Customer a message to the e-mail address provided, containing:

   1. confirmation of acceptance of one or more individual offers for Products submitted 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

   2. information about the inability to accept all offers for Products submitted as part of the Order, e.g. due to lack of payment.

8. The Sales Agreement is concluded at the moment the offer(s) from the Order are confirmed, i.e. when the e-mail message referred to above is sent to the Customer, with respect to the Products indicated therein.

9. Placing an Order constitutes consent to receive a receipt/invoice, a correcting invoice and duplicates of these documents in electronic form, at the e-mail address provided. Together with the fulfilment of the Order, the Seller sends a receipt/invoice. At the same time, the Customer declares that they will receive the above electronic invoices at the e-mail address they have provided.

10. In the event that it is not possible to accept all or some of the offers submitted as part of the Order, the Customer Service Office will contact the Customer in order to:

    1. inform the Customer that it is not possible to accept all of the offers submitted as part of the Order; or

    2. confirm with the Customer their wish to proceed with the Order to the extent that the Seller has agreed to accept the offers to conclude the Sales Agreement. In such a case, the Customer may cancel the entire Order placed (with respect to all offers), which does not infringe their right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to fulfil it further. In the event of cancellation of the Order, the point below shall apply accordingly.

11. If it is not possible to accept the offer(s) submitted as part of the Order, the Sales Agreement with respect to the Products indicated by the Customer Service Office is not concluded, and the Seller shall promptly, no later than within 14 days, refund the Customer any payments made, to the extent that the Sales Agreement has not been concluded.

12. 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, by SMS, or by contacting them by telephone.

13. The Seller strives to ensure the availability of all Products and the fulfilment of the Sales Agreement. In the event of an inability to perform the service in extraordinary or unforeseen situations, and in other situations specified by law, the relevant provisions of the Civil Code may apply, including Articles 493–495 of the Civil Code, in particular those relating to the obligation to promptly return the performance to the Consumer.

14. The total value of the Order includes the Price, delivery costs and any other costs of optional paid services chosen by the Customer. The Seller may, for a period of its choosing, set a minimum Order value threshold above which the shipping of Products is free of charge. The Customer is informed of the total price including taxes of the Product, as well as of the delivery costs and any other costs, or, when the amount of such fees cannot be determined, of the obligation to pay them, before placing the Order and before concluding the Sales Agreement.

15. Promotional Campaigns applicable in the Online Shop cannot be combined, unless the terms of the Promotion clearly state otherwise.

16. If the same Customer places more than one order in the Online Shop within a similar time frame for delivery to the same address, the Seller reserves the right to combine the Orders into one and send them to the Customer in a single package.

5. Methods and deadlines of payment

1. The Seller provides the Customer with various payment methods for the Order through trusted payment intermediaries:

   1. electronic payments (e.g. PayU, BLIK, Przelewy24, Stripe, PayPal);

   2. deferred payments (e.g. PayPo, Twisto);

   3. payment by traditional bank transfer.

2. The currently available payment methods are specified in the Online Shop and presented before the Customer places an Order and before the Sales Agreement is concluded. Available payment methods may depend on the delivery method or address chosen by the Customer, or on the characteristics of the Product. Available payment methods may change if several Orders are placed at the same time, in particular due to the Products covered by them.

3. If the Seller does not receive the Customer's payment, the Customer Service Office may contact the Customer to remind them of the payment and the abandoned basket, including by sending an e-mail (transactional email). Failure to make payment within 5 days of placing the Order may result in the offer submitted by the Customer as part of the Order not being accepted. The Customer may also cancel the Order without incurring any consequences, until they receive a message about the Order being passed on for fulfilment, by contacting the Seller through the Customer Service Office, which does not infringe their right to withdraw from the agreement.

6. Cost, methods and delivery time

1. The Product is delivered via an external company – a postal operator (e.g. a courier company or a company handling pick-up point collection), selected by the Customer when placing the Order.

2. Delivery of the Product to the Customer is chargeable, unless the Customer placed an Order with free delivery, after meeting the free delivery criteria, or during a Promotional Campaign offering free delivery. The currently available Product delivery costs are shown to the Customer before placing the Order and concluding the Sales Agreement.

3. The available delivery methods may depend on the payment method chosen by the Customer or the characteristics of the Product. The available delivery methods may change if several Orders are placed at the same time, in particular due to the Products they cover.

4. We usually deliver within 2 business days from the date the Order is confirmed. The total delivery time for the ordered Product consists of:

   1. the time needed by the Seller to prepare the order for shipment (up to 2 business days from the date the Order is confirmed by the Seller). If several Products are ordered, the Order will be handed over for delivery after the Product with the longest preparation time has been prepared;

   2. and the time for the Product to be delivered by the chosen courier company or other postal operator. The delivery time by the courier company or postal operator is indicated at the stage of placing the Order and depends on the type of Product ordered and on the deadlines of the given courier company or other postal operator.

5. In exceptional situations, the delivery time may be extended, of which the Seller will inform Customers (e.g. sale period, holiday period, unforeseen circumstances such as a pandemic outbreak).

6. If the time needed to prepare the Order or the delivery time of the Product is extended, the Seller reserves the right to contact the Customer to inform them of the reason for the delay and the new planned delivery date.

7. The shipping time of an order may be extended for Products that require personalisation at the Customer's request. The Customer will be informed of the shipping date on the Product Page or when placing the Order.

8. When collecting the parcel with the Product from the courier or postal operator, the Customer should, if possible, verify with the carrier that the Product has been delivered in full and without defects. If the Product is damaged by the carrier, a damage report should be drawn up and the Seller should be informed of this.

9. Courier companies, postal operators and companies operating Pick-up Points have their own regulations regarding the manner of providing the delivery service (including regarding any complaints concerning delivery, the time and manner of reporting any parcel damage and other relevant matters) – detailed information in this regard can be found on the websites of the companies carrying out the delivery. Please familiarise yourself with these terms before choosing a delivery method.

10. In the event of unsuccessful delivery of the ordered Product via a courier, postal operator or company operating Pick-up Points due to the Customer's fault, the Seller will resend the parcel provided that the Customer covers its costs. If the ordered Product is not collected twice, the Seller reserves the right to withdraw from the agreement due to non-performance by the Customer and to cease providing electronic services to them. In the event of withdrawal from the agreement, the Seller will refund the Customer's payment for the Product less the delivery costs the Seller was forced to incur.

7. Large Family Card

1. The online shop honours the Large Family Card and offers discounts in connection with it.

2. To take advantage of the aforementioned discounts, the User is required to create a Customer Account and then send their Large Family Card number, along with any other data necessary to verify its validity, to the email address indicated in point 1.3.

3. After verifying the submitted data, the online shop will grant a permanent discount on Products.

4. The discount offered under the Large Family Card cannot be combined with other discounts or Promotional Campaigns.

5. Detailed conditions for granting discounts and their use under the Large Family Card can be found in the Large Family Card section of the Online Shop's website.

8. Loyalty programme

1. Having a Customer Account is required to take part in the Loyalty Programme.

2. The programme is available to Customers who are logged into their Customer Account while adding products to the Basket, or who logged into their Customer Account at the latest before placing an Order.

3. A Customer who meets the above conditions, after concluding a Sales Agreement and paying the Price, will receive points which can be used to purchase Products at a reduced Price when concluding a subsequent Sales Agreement. The Customer can check the current number of points earned independently in the Customer Panel tab, available after logging into the Customer Account.

4. To use the points, log into your Customer Account and, in the Loyalty Programme tab, exchange the collected points for a chosen reward (e.g. a discount on products, free delivery, etc.).

5. In the event of withdrawal from the Sales Agreement, cancellation of the Order, or the occurrence of other circumstances obliging the Seller to refund the Price paid by the Customer, the points accrued for the given Sales Agreement will be deducted from the total number of points awarded to the Customer so far.

6. The Customer may use the awarded points within 365 days of the date they were earned. After this period, the points expire and the Customer loses the ability to use them.

7. Detailed terms of the Loyalty Programme, including information on the exact method of calculating points, can be found in the Loyalty Programme tab on the Online Shop website.

9. Reviews posted in the Online Shop

1. All Customer reviews about Products purchased in the Online Shop are verified. The Online Shop obtains reviews only from persons who actually made a purchase.

2. After receiving the ordered Products, the Customer may be asked to voluntarily add a review of the purchased Product.

3. The Customer may add a review of Products in the Customer Panel, in the section with the details of the placed order.

4. By filling in the review form, the Customer agrees to the publication of the subjective content contained therein regarding the purchased Product, and to the disclosure of personal data to the extent necessary to publish the review. Depending on the review mechanism adopted, the Customer may be asked to leave a comment, a number of stars (e.g. from 1 to 5), attach a photo, or indicate the level of satisfaction or dissatisfaction with the Product.

5. Reviews published in the Online Shop are not sponsored in any way, and their content has no effect on the terms of future agreements concluded with the Seller.

6. The Online Shop publishes all reviews, both positive and negative, provided their content does not violate the provisions of the Terms and Conditions or applicable law.

7. Reviews published in the Online Shop are verified to confirm that they were written by Customers who actually purchased the Product. The above verification is carried out by comparing the data of Customers who purchased the reviewed products with the data of the persons publishing the review:

   1. When publishing a review 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 Shop will link their review to a specific Order for verification purposes.

10. Complaints

1. The Client, being a Consumer or an Entrepreneur-Consumer, is entitled to file a complaint regarding a purchased Product.

2. The Seller is responsible for the conformity of the performance with the contract, in particular is obliged to deliver to the Client a Product free from defects and in accordance with the concluded Sales Agreement. The Seller is not liable for the lack of conformity of the Product with the Agreement within the scope specified in Article 43b(2) or (3) of the Consumer Rights Act, if the Consumer was clearly informed that a specific feature of the Product deviates from the conformity requirements of the Agreement and clearly and separately accepted its features at the latest at the time of concluding the Sales Agreement.

3. The Seller is liable for a lack of conformity of the Product with the Agreement existing at the time of its delivery to the Consumer and disclosed within 2 years from that time, unless the shelf life of the Product is longer.

4. A complaint may be submitted by the Client in any form. We encourage submitting a complaint using the form available under this Terms and Conditions or by means of communication available in point 1.3 of the Terms and Conditions.

5. In the event of a lack of conformity of the Product with the Agreement, the Client, being a Consumer or an Entrepreneur-Consumer, is entitled to the rights specified in Chapter 5A of the Consumer Rights Act (hereinafter: lack of conformity of goods with the contract).

6. In the case of a lack of conformity of goods with the contract, the Consumer may demand:

   1. repair of the goods

   2. or replacement.

7. The Seller may carry out a replacement when the Consumer demands repair, or the Seller may carry out a repair when the Consumer demands replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer is:

   1. impossible

   2. or would require excessive costs for the Seller.

8. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract. The Seller shall carry out the repair or replacement of the goods at its own expense within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity 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 its own expense.

9. The Consumer is also entitled to submit a statement on price reduction or withdrawal from the Sales Agreement when:

   1. the Seller refuses to bring the goods into conformity with the contract;

   2. the Seller fails to bring the goods into conformity with the contract;

   3. the lack of conformity of the goods with the contract persists despite the Seller's attempt to bring the goods into conformity with the contract;

   4. the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without a prior request for repair or replacement of the goods;

   5. it is clear from the Seller's statement or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.

10. If the Consumer submits a statement on price reduction, the amounts due as a result of exercising this right will be refunded to the Client no later than within 14 days from the date the Seller received the Client's statement on the price reduction. The refund will be made using the same payment method as used by the Client when paying for the goods, unless the Client expressly agrees to a different refund method.

11. If the Consumer exercises the right to withdraw from the contract in the situations referred to in Article 43e(1) of the Consumer Rights Act, the Client shall return the goods to the Seller without delay. All costs related to the return of the goods in the circumstances indicated in the preceding sentence shall be borne by the Seller. The Seller shall refund the purchase price within 14 days from the date of receiving the goods or proof of their return shipment.

12. The Seller is liable for a lack of conformity of the goods with the contract existing at the time of its delivery and disclosed within 2 years from that time. The Client's claims for lack of conformity of goods with the contract shall become time-barred after 6 years from the date the lack of conformity of the goods with the contract was disclosed. The end of the limitation period falls on the last day of the calendar year.

13. It is recommended that the Client include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the manner of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint (name and surname, correspondence address, telephone number, e-mail address) – this will facilitate and speed up the processing of the complaint by the Seller. The requirements set out in the preceding sentence are merely a recommendation and do not affect the validity of complaints submitted without following the recommended description.

14. The Seller shall respond to the Client's complaint promptly, no later than within 14 days from the date of its receipt. Otherwise, the complaint is deemed to have been accepted by the Seller.

11. Out-of-court methods of handling complaints and pursuing claims, and rules of access to these procedures

1. The use of out-of-court methods for handling complaints and pursuing claims is voluntary in nature. The following provisions are for informational purposes only and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution methods. The Seller's declaration of consent or refusal to take part in out-of-court consumer dispute resolution proceedings is submitted by the Seller on paper or another durable medium in the event that, as a result of a complaint filed by the Consumer, the dispute has not been resolved.

2. The rules for conducting out-of-court consumer dispute resolution proceedings and the obligations of businesses in this regard are set out separately in legal provisions (including, in particular, the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities responsible for resolving consumer disputes. Detailed information regarding the possibility for a Customer who is a Consumer to use out-of-court methods for handling complaints and pursuing claims, as well as the rules for accessing these procedures, may be available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspectorates, and in particular also at the following website 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 maintains a public register of entities authorised to conduct out-of-court consumer dispute resolution proceedings.

3. A Customer who is a Consumer has, for example, the following options for using out-of-court methods for handling complaints and pursuing claims:

   1. The Customer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection, with a request to resolve a dispute arising from the concluded Sales Agreement.

   2. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also by using the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).

   3. At http://ec.europa.eu/consumers/odr, the European Commission provides a platform for online consumer dispute resolution. The Seller does not currently participate in this voluntary alternative dispute resolution procedure.

12. Right of withdrawal from the contract (Returns)

1. A Customer who is a Consumer and has concluded a distance contract or a contract outside the business premises may withdraw from it without giving any reason and without incurring any costs, other than those provided for by law, within 30 days of the date on which the purchased Product was taken into possession. The provisions of this section of the Terms and Conditions also apply to an Entrepreneur - Consumer who declares that they are exercising their right to withdraw from the contract under the Act of 30 May 2014 on Consumer Rights, as they concluded a contract directly related to their business activity, but the contract does not have a professional character for them.

2. To meet the deadline, it is sufficient for the Consumer or the Entrepreneur - Consumer to submit a statement to the Seller before its expiry. The Consumer or Entrepreneur - Consumer may submit any unambiguous statement informing of their withdrawal from the Sales Agreement.

3. The statement of withdrawal from the Sales Agreement may be submitted using the Returns functionality in the Customer Panel or the withdrawal form, a template of which can be found below the Terms and Conditions. The statement of withdrawal from the Agreement may also be submitted in any other form to the details indicated in point 1.3 of the Terms and Conditions or to the dedicated email address: [email protected], however using the functionality within the Customer Panel will help us process your case faster.

4. The Consumer and Entrepreneur - Consumer independently bear the cost of returning the Product (the cost of return shipping from the Consumer to the Seller).

5. The period for withdrawal from the Sales Agreement begins on the day the products are taken into possession by the Consumer, the Entrepreneur - Consumer, or a third party other than the carrier indicated by them (an authorised person), and in the case of a Sales Agreement covering multiple products delivered separately, in batches or in parts – from the day the last product, batch or part is taken into possession.

6. The Consumer and Entrepreneur - Consumer are obliged to return the product to the Seller promptly, no later than within 14 days from the day on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the product back before its expiry. The Consumer may return the product to the address:

   1. Omnipack Sp. z o.o. Al. Katowicka 66 Bud. DC04 rampa 40 05-830 Nadarzyn, with the note MYBASIC-ZWROT.

7. The Consumer and Entrepreneur - Consumer may also send the product back via the SzybkieZwroty.pl website

8. The Consumer and Entrepreneur - Consumer should secure the returned product in such a way that it is not damaged during transport.

9. In the case of an effective withdrawal from a distance contract, the contract is considered not to have been concluded.

10. The Seller is obliged to promptly, but no later than within 14 days from the day of receiving the Consumer's or Entrepreneur - Consumer's statement of withdrawal from the contract, refund all payments made by them, including the cost of product delivery (except for additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method available in the Online Shop). The Seller may withhold the refund until the returned goods are received or until the Seller receives confirmation of the shipment being sent, whichever occurs first.

11. If the Consumer or Entrepreneur - Consumer exercises the statutory right of withdrawal, the Seller shall refund the payment using the same payment method as used by the Consumer, unless they explicitly agreed to another refund method that does not involve any costs for them.

12. If the Consumer or Entrepreneur - Consumer exercises the statutory right of withdrawal, the Consumer or Entrepreneur - Consumer is liable for any diminished value of the product resulting from using it in a way that goes beyond what is necessary to establish 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 Entrepreneur - Consumer may include, in particular, the inability to sell the product as a fully valuable product, the costs of reattaching tags and security elements to the product, as well as the costs of restoring the Product to a condition allowing it to be reintroduced for sale within the Online Shop, including the costs of examining the product by a specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the Consumer using the product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).

13. The statutory right of withdrawal does not apply to the Consumer and Entrepreneur - Consumer in the following circumstances:

    1. if the 30-day period for informing the Seller of the intention to withdraw from the sales agreement has been exceeded;

    2. in situations referred to in Article 38 of the Act on Consumer Rights.

13. Intellectual property rights

1. All rights to the Online Store, in particular the economic copyright and intellectual property rights to its name, internet domain, as well as to forms, legal documents, logos, trademarks, text, graphics, photographs and other content posted by the Seller, belong to the Seller, and their use may only take place in accordance with the Terms and Conditions.

2. It is prohibited to copy, reproduce, modify, duplicate or distribute any part of the Online Store, the Service or its elements without the Seller's prior written consent, except in cases expressly permitted by applicable law and these Terms and Conditions. The Seller may take steps, including legal proceedings, to protect its own interests and those of the Online Store's Customers.

3. The logo of the Online Store is subject to special legal protection as a trademark within the meaning of the Copyright and Related Rights Act, registered with the Patent Office of the Republic of Poland under number R.311255.

4. The rights to use, copy and distribute the data available on the site are governed by the provisions of the Copyright and Related Rights Act.

5. The use of Online Store data for commercial purposes may take place after prior notification to the Seller and obtaining their written consent.

14. Personal data protection

1. The rules for the protection of personal data are set out in the document "Privacy Policy".

2. The rules for the use of cookies on the Website are set out in the document "Cookies Policy".

15. Provisions concerning customers who are not consumers

1. This point of the Terms and Conditions and the provisions contained herein apply exclusively to Customers who are not Consumers and to Entrepreneurs on Consumer Rights.

2. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk 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, shortage or damage to the Product arising from its acceptance for carriage until its delivery to the Customer, nor for delay in the carriage of the shipment.

3. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards a Customer who is not a Consumer is excluded.

4. Neither the Seller nor its employees, authorised representatives and agents shall be liable to the Customer, its subcontractors, employees, authorised representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.

5. In every case where the liability of the Seller, its employees, authorised representatives and/or agents is established, such liability towards a Customer who is not a Consumer, regardless of its legal basis, is limited - both in respect of a single claim and for all claims in total - to the amount of the Price paid and the delivery costs under the last Sales Agreement, and covers only the actually incurred damage.

6. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.

7. With respect to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time in accordance with generally applicable laws.

16. Restriction and moderation of content posted by Customers

1. Content posted on our website must not violate the law or the provisions of the Terms and Conditions.

2. The following is also prohibited via our website:

   1. Advertising activities competing with the Seller;

   2. Informing about activities, promotions, promoting products or fundraisers without first obtaining the Seller's consent;

   3. Publishing content containing words considered vulgar, inciting hatred or any form of violence;

   4. Publishing content that violates the personal rights of natural or legal persons, including the Seller;

   5. Publishing content contrary to the principles of netiquette;

   6. Publishing content that duplicates content posted by the Seller, Customers or Users;

   7. Publishing content containing links, references to other websites or computer programs;

   8. Publishing content aimed at altering the website's code or attempting to gain unauthorised access to its elements.

3. In the event of a breach of the above content-publishing rules, the Seller reserves the right to moderate them, including removal.

4. The Seller's assessment of content is carried out in an objective and proportionate manner, in compliance with the law. Any content moderation is carried out with respect for the fundamental values set out in the Charter of Fundamental Rights, in particular freedom of expression and freedom and pluralism of the media.

5. The assessment and moderation of content is not carried out in an automated manner. A designated Seller employee is responsible for each instance of content moderation.

6. In the event of content moderation, the Seller will notify the person who posted it, provided the Seller has contact details enabling this (e.g. an email address).

7. Every author of moderated content has the right to appeal against the Seller's decision regarding the moderation carried out. To do so, the author should reply to the message informing them of the content moderation or send their appeal to the contact details indicated in point 1.3 of the Terms and Conditions.

17. Mechanisms for reporting illegal content and the procedure for handling such reports

1. If you find content on our website that a User or Customer considers illegal, they may report it via the contact form.

2. In the report, we suggest indicating:

   1. why you believe the content is illegal;

   2. the location of the illegal content by describing its location on the site or providing the relevant URL or web address where the illegal content is located;

   3. the first name and surname or name and email address of the person making the report, except for reports concerning the sexual abuse of children, sexual exploitation of children, child pornography, solicitation of children for sexual purposes, or offences related to any of the above;

   4. a statement confirming that the report is made in good faith and that the information contained in it is complete and accurate.

3. If the report contains electronic contact details, the Seller will send confirmation of receipt of the report without undue delay.

4. If the report contains electronic contact details, after reviewing it the Seller will inform the reporting party of the outcome and indicate any possible route of appeal.

18. Final provisions

1. Terms and Conditions version 3.0 come into force on 07.10.2024.

2. The Terms and Conditions are available in Polish.

3. In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply.

4. Unless mandatory provisions of law provide otherwise, Polish law shall be the governing law for resolving any disputes arising under these Terms and Conditions.

5. If the mandatory provisions of the law of the Customer's country of habitual residence provide more favourable conditions than the provisions of Polish law and the provisions of these Terms and Conditions, the provisions of the law of the Customer's country of habitual residence shall apply.

6. The content of these Terms and Conditions may change if the Owner modifies the manner or scope of the business activity conducted, or as a result of legal changes requiring the Terms and Conditions to be adapted to generally applicable law. The Online Shop will inform about any changes by posting information on the Online Shop's website, and for Users subscribed to the Newsletter or holding an active Customer Account – in the form of an email message. Each person who receives the above message will be able to submit a statement terminating agreements for the provision of electronic services (within no more than 14 days from the date of receipt of the message) performed under these Terms and Conditions. Orders (completed transactions) placed before the changes to the Terms and Conditions came into force shall be subject to the provisions of the Terms and Conditions in force at the time the Order was placed.