I. General regulations
- These Internet Sales Rules (hereinafter referred to as the “Rules”) apply to agreements entered into via the Seller’s ecommerce channels in Poland: www.betafence.com,between Betafence Sp. z o.o. and Internet shop users (hereinafter referred to as a “Customer” or “Customers”) being Consumers and ordering goods whose description is available on the website of the Shop.
- If goods are purchased by Customers not being Consumers, the sales agreement is governed by the General Sales Terms and Conditions of Betafence sp. z o.o., being in force as at the agreement date, which are available on the website of Betafence Sp. z o.o. www.betafence.pl and this Rules are not applicable if they are contradictory to the General Sales Terms and Conditions of Betafence sp. z o.o.
- Data of the seller: Betafence sp. z o.o. with its registered office in Kotlarnia, entered in the register of companies of the National Court Register kept by the District Court in Opole, 8th Commercial Division of the National Court Register, under the number 0000241242, VAT No (NIP) 7491989655, statistical ID (REGON) 160041472, share capital (fully paid-up): PLN 7,070,000.00 (hereinafter referred to as the “Seller”).
- Contact data of the Seller: tel. +48 32 356 49 10, e-mail email@example.com. Detailed contact data of the shop are given in the Contact tab on the website of the Shop.
- Shop: an Internet shop available on the Seller’s ecommerce channels: www.betafence.com in Poland.
- Customer: a natural person, a legal person or an unincorporated business unit which has legal capacity, who or which buys goods at the Shop under terms and conditions set out herein.
- Consumer: a natural person that buys goods at the Shop for purposes other than those directly connected with that person’s business or professional activity.
- Civil Code: the Polish Civil Code of 3 April 1964.
- Goods: products displayed at the Shop; the description, including price, of Goods is not an offer within the meaning of Art. 543 of the Civil Code, but an invitation to enter into an agreement within the meaning of Art. 71 of the Civil Code.
II. Technical requirements
Technical requirements for the use of the Shop:
- access to the website via any updated Internet browser (recommended: Internet Explorer 11, Edge 17, Firefox 49, Chrome 54, Safari 10, Opera 41 or their higher versions);
- electronic mail (e-mail).
- The Customer can make orders all day round. Orders will be processed on business days from Monday to Friday.
- Goods purchased via the Seller’s Shop in Poland will be delivered to Customers at the designated location in Poland specified in the order confirmation e-mail (sec. III.8).
- Orders can be made at the Shop via an individual customer account opened by the Customer or without customer account.
- To open an individual customer account, the Customer must give the following data:
- first name and surname,
- e-mail address,
The data are given voluntarily. While opening the individual customer account, the Customer also accepts the contents of these “Rules”. The Customer will receive a confirmation that their individual customer account has been opened to the e-mail address given by the Customer. If the Customer needs to log in the individual customer account with a new password, a link sent to the Customer’s e-mail address must be used.
- The Customer makes an order:
- by or without logging in the individual customer account;
- by choosing, configuring and moving Goods to the basket;
- by defining terms of payment;
- by confirming or specifying a delivery address;
- by accepting the terms and conditions of these Rules (or, in the case of Customers not being Consumers, the General Sales Terms and Conditions, as referred to in Art. I.2 above);
- by choosing a payment method and confirming the order.
- The order is deemed to have been made the moment the button which reads ‘PAY’ is clicked and if payment is successful you will be returned to the web shop with the message “Payment has been completed” and “Thank You! You have successfully placed an order”.
- The order is the Customer’s offer made to the Seller to enter into an agreement on the sale of Goods at a price given in the order confirmation under terms and conditions set out herein.
- The Customer will receive the order confirmation to their e-mail address. The e-mail will contain:
- a link to these Rules;
- information on order acceptance or refusal by the Seller;
- data, prices and delivery cost of Goods chosen by the Customer;
- contact data of an entity in charge of the delivery of Goods (fulfilment partner).
- If the data given in the e-mail that forms an order confirmation is incorrect, the Customer should contact the Seller to correct the incorrect data.
- When the Seller receives the order from the Customer it will confirm that the order is accepted by means of an e-mail communication. Then, no changes can be made in the order.
- If the Seller cannot accept and perform the order, it will notify the Customer of order rejection and refund all payments made by the Customer.
IV. Performance of orders
- The performance of orders includes the period of Goods preparation to delivery and the delivery period.
- Goods will be prepared for delivery within the time-period as specified in order confirmation e-mail (sec. III.8). The Customer shall also receive confirmation of Goods’ shipment.
- The Goods will be delivered by a fulfilment partner specified in the order confirmation (Section III.8.4). Any and all information concerning delivery can be obtained from the Seller or the fulfilment partner specified in the order confirmation. Detailed delivery date and time may be agreed with the fulfilment partner specified in the order confirmation.
- Invoices will be issued if the Customer specifies that the Customer wishes to receive an invoice in a relevant place and gives necessary invoicing data.
- The Goods will be delivered to the designated location suitable for heavy duty vehicle offloading and the fulfilment partner shall offload the Goods next to the vehicle.
- The Customer should inspect the condition of outside packaging of the Goods at time of delivery.. In the event a parcel is damaged, the Customer should contact the Seller with details of the damage via the Seller’s contact form or in other way. The Customer will then be contacted by the Seller to be informed of the next steps.
- If the Goods are ready for delivery, the Customer must take possession of the Goods within 10 business days of the Goods being ready for delivery.
- Prices of Goods are given in Polish zloty with VAT.
- The price displayed on the Seller’s Shop in Poland for the Goods is binding the moment the Customer places an order. Prices, total price and delivery costs, if any, of Goods ordered will be specified in the basket and in the e-mail with order confirmation sent to the Customer’s e-mail address.
- The Seller may change the assortment and prices of Goods available at the Store and hold periodical promotional, including discount. Such changes do not have an impact on the prices of Goods specified in the e-mail with order confirmation sent to the Customer’s e-mail address.
- At the Customer’s discretion, the price should be paid:
- with the Customer’s payment card;
- by use of electronic payments on the Shop website.
- The Customer’s personal data that are necessary to make the payment will be processed by payment card operator or an electronic payment operator specified on the Shop website.
VI. Withdrawal from the sales agreement by the Customer being Consumer
- The Customer being Consumer has the right to withdraw from the agreement without reason within 14 days of the delivery of Goods. To meet the deadline, the Customer only needs to send a withdrawal notice at the latest on the last day of the 14-day period.
- To withdraw from the agreement, the Customer can fill in a statement of withdrawal that is attached to Goods and available on the Seller’s Shop in Poland (https://sklep.betafence.pl/en_GB/page/returns and send the statement to the Seller in the way chosen by the Customer:
- a scan or photo of the statement (provided that it is legible) by e-mail to the Seller’s e-mail address firstname.lastname@example.org;
- an original statement filled and signed by regular mail to the Seller’s address (an envelope with an annotation “Internet shop”).
- To be returned, the Goods must not be changed, unless the change was necessary under ordinary handling principles, in particular to confirm the character, properties and operation of such Goods.
- The Consumer must return the Goods immediately, however no later than within 14 days of the day the statement of withdrawal from the agreement is sent. Detailed return rules will be agreed with the fulfilment partner specified in the e-mail with order confirmation sent to the Customer’s e-mail address.
- Consumers do not have the right to withdraw from the sales agreement executed via the Shop in the following cases:
- an agreement provides for the delivery of nonprefabricated goods made to the Consumer’s specifications or to meet the Consumer’s individual needs;
- an agreement that provides for the delivery of goods that, when delivered, will be, due to their character, inseparably connected with other things;
- in other cases referred to in Art. 38 of the Consumer Rights Act of 30 May 2014 (Journal of Laws No. 2014.827, as amended).
- The Seller will refund the price of Goods in the same way the price was paid by the Consumer, unless the Consumer accepts a different method of refund without any extra costs for the Consumer and the Seller.
- The Seller will refund the price to the Consumer within 14 days of the receipt of the Consumer’s notice of withdrawal. The Seller has the right to postpone the refund of the price to the Customer until the Goods are returned.
- The Consumer should return the Goods to the Seller and the Consumer will pay direct costs of an ordinary return of Goods. The Seller may indicate another place for the return of Goods, provided that this does not generate greater costs of return. The cost of return of Goods will not exceed the cost of delivery indicated during the purchase of Goods.
- If the Customer returns Goods which the Customer is not authorised to return or which condition does not comply with Section VI.3 or otherwise fails to meet the requirements for efficient withdrawal, the Seller has the right to reject the return and refuse to refund the price.
- Consumer regulations set out in Sections VI.1 – VI.9 also apply to a natural person entering into an agreement directly connected with that person’s business activity provided that the sale is not professional in nature for that person, given the professional character of activity resulting, in particular, from that person’s business activity
VII. Complaints concerning Goods bought by Consumers
- The Customer being Consumer has the right to file a complaint in connection with the statutory warranty for physical defects in Goods which existed the moment the Goods were delivered to the Customer and were found during the 2-year period following the date of delivery.
- The complaint form is attached to the Goods and is also available on the Seller’s Shop. There is no obligation to use the complaint form.
- The complaint may be sent as follows:
- to the Shop’s e-mail address email@example.com (legible scan or photo);
- to the Seller’s address by regular mail (with an annotation: maintenance, complaint, etc.)
- via a contact form available on the Seller’s Shop.
- If the Customer cannot deliver the Goods to enable the assessment whether the complaint is legitimate, the Customer should notify the Seller thereof in the notice referred to in Section VII.3 above.
- The Customer will be immediately informed about the receipt of the complaint and data of a person that will handle the complaint, including in particular data of a person that will verify the Goods in the case referred to in Section VII.4.
- The complaint will be reviewed within 14 calendar days, of the delivery of the defective Goods with the notice and purchase document or on the day the complaint is made in the case referred to in Section VII.4.
- In the case of defective Goods the Consumer may request price reduction or withdraw from the agreement, unless the Seller immediately and without excessive inconvenience to the Consumer replaces the Goods with non-defective ones or repairs the defect, provided that this does not apply if the Goods have been already replaced or repaired or if the Seller has neither replaced the Goods with non-defective ones nor repaired the defect. In addition, instead of the repair of the defect, as suggested by the Seller, the Consumer may request that the Goods are replaced with non-defective ones or instead of the replacement the Consumer may request that the defect is repaired, unless it is not possible to make the Goods complaint with the agreement in the way chosen by the Consumer or this would be connected with excessive costs in comparison with the solution suggested by the Seller. The assessment of costs takes into account the value of non-defective Goods, the type and significance of the defect, as well as inconveniences the Consumer could be exposed to if the complaint has been resolved otherwise.
- Differences arising from individual computer settings (e.g. colour, hue, proportions, etc.) must not constitute the basis for a complaint connected with Goods defects. Also differences within following manufacturing tolerances will not constitute the basis for a complaint connected with Goods defects:
- the diameter (thickness) of the material the Goods are made of: +/- 0,1mm,
- mesh size: +/- 3mm,
- outer height and width of the Goods: +/- 5mm.
- Consumer regulations set out in Sections VII.1 – VII.8 also apply to a natural person entering into an agreement directly connected with that person’s business activity provided that the sale is not professional in nature for that person, given the professional character of activity resulting, in particular, from that person’s business activity.
VIII. Complaints concerning Goods bought by Customers not being Consumers
Terms and conditions for guarantees and complaints, rights attributable to the Customer not being Consumer are set out in the General Sales Terms and Conditions of Betafence sp. z o.o., which are available below.
IX. Quality guarantee
- The Seller guarantees that the Goods shall be in accordance with the product specification. All Goods bought at the Shop, except for sales, are sold with the guarantee of the Seller as their producer. The Seller may grant quality guarantee for extended periods by issuing the quality certificate in accordance with Guarantee terms and conditions being in force at the date of the certificate.
- Guarantee terms and conditions are available at the Seller’s Shop.
- The guarantee for Goods bought by Consumers is without prejudice to Consumers’ claims under the statutory defect warranty.
X. Personal data protection
The personal data protection policy is available on the Seller’s Shop.
- All matters not provided for in these “Rules” are governed by Polish law.
- The Seller’s withdrawal and complaint forms are examples and the Customer may withdraw from the sales agreement or file a complaint by use of their own documents.
- The Seller may amend these “Rules”, provided that all amendments will only come into force after publication on the Seller’s Shop (or later). The amendments do not apply to orders made before the “Rules” are amended and such orders will be met in accordance with the terms and conditions applicable on the order date.
- All disputes arising from the performance of sales agreements will be resolved by Polish common courts.