Regulations

§ 1 Introductory provisions

BEZZER online store, operating at https://bezzer.shop, is run by BEZZER sp. z o. o., ul. Wyzwolenia 60, 06-445 Strzegowo, NIP: 5691911326, REGON: 529748625. Entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Warsaw, 11th Commercial Division of the National Court Register, under KRS number 0001129596.
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of use and the rules of concluding Sales Agreements with the Customer at a distance via the Store.

§ 2 Definitions

• Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not related to his or her business or professional activity.
• Seller – BEZZER sp. z o. o., ul. Wyzwolenia 60, 06-445 Strzegowo, NIP: 5691911326, REGON: 529748625, KRS: 0001129596.
• Customer – any entity making purchases in the Store.
• Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf and using the Store.
• Shop – online shop run by the Seller at the internet address https://bezzer.shop
• Distance contract – a contract concluded with the Customer as part of an organised distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
• Regulations – these regulations of the Store.
• Order – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
• Account – the customer’s account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
• Registration form – a form available in the Store enabling the creation of an Account.
• Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
• Cart – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
• Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
• Sales Agreement – ​​a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. Sales Agreement is also understood to mean – in relation to the features of the Product – a service agreement and a contract for specific work.

§ 3 Contact with the Store

§ 4 Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

• a terminal device with access to the Internet and a web browser,
• active e-mail account (in case of placing an order),
• cookies enabled.

§ 5 General information

• The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
• Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
• The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
• The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
• In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final (definitive) price is the total price including all payments for the billing period.
• Where the nature of the subject matter of the Contract does not allow, reasonably assessed, for the final (final) price to be calculated in advance, information on the manner in which the price will be calculated, as well as on the transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§ 6 Creating an Account in the Store

• To set up an Account in the Store, you must fill out the Registration Form when placing an order. The following data is required: first name, last name, country, street, postal code, city, phone number, e-mail address.
  Creating an Account in the Store is free.
• Logging in to the Account is done by entering the login and password set in the Registration Form.
• The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses provided in § 3.

§ 7 Rules for placing an Order

To place an Order you must:

• select the Product that is the subject of the Order and then click the "Add to cart" button;
• log in;
• complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, enter the invoice details if different from the details of the Order recipient,
• click the “Order and pay” button,
• pay for your order by bank transfer to the account number provided in the order confirmation.

When placing an order, the customer declares that he or she is an adult user of tobacco products and/or related products.

§ 8. Offered delivery and payment methods

• Delivery of the ordered Goods is carried out via:
  • Courier company
  • Parcel lockers
• The customer can use the following payment methods:
  • online payment in the PayU system
  • traditional transfer
  • cash on delivery
• Detailed information on delivery methods and accepted payment methods can be found on the Store's website.

§ 9 Order processing time

• Orders placed before 1:00 p.m. on weekdays will be shipped the same day.
• Delivery time depends on the logistics operator and is usually up to 4 business days.
• However, we reserve the right to deliver within 14 working days from the date of placing the order in the event of circumstances beyond our control.

§ 10 Execution of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail message by the Seller to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement.
Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
If the Customer chooses payment by bank transfer or electronic payment, the Customer is obliged to make the payment on the day of conclusion of the Sales Agreement - otherwise the order will be canceled.
If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.

In the event of ordering Products with different delivery dates, the delivery date is the longest date given.

In case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.

The beginning of the delivery period of the Product to the Customer is counted from the time of confirmation of the order by the store.

Order processing time:
In the case of payment by bank transfer or online payment, each item is sent immediately after the money has been credited to our account, by 1:00 p.m. on the given day.
Shipments are handled by the intermediary company Furgonetka sp. z oo sp. k. which is a partner of:

• DPD Polska Sp. z o. o. (Dynamic Parcel Distribution) (DPD) with its registered office in Warsaw 02-274, ul. Mineralna 5, a company entered into the register of entrepreneurs of the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register, KRS No. 0000028368, NIP: 5260204110, Regon 012026421, providing courier services.
• GLS Sp. z oo (General Logistics Systems Poland Sp. z oo) (GLS) with its registered office in Głuchów, Komorniki commune (62-052), at 10 Tęczowa Street, entered into the National Court Register maintained by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Division of the National Court Register under number 0000005009, Tax Identification Number (NIP) 785-15-61-831, with the share capital of PLN 16,311,638.00, providing courier services.
• InPost Sp. z o. o. (InPost) with its registered office in Kraków at ul. Pana Tadeusza 4, 30-727 Kraków, entered into the register of entrepreneurs maintained by the District Court for Kraków - Śródmieście, 11th Commercial Division of the National Court Register under the KRS number 0000543759, NIP: 6793108059.

Delivery time depends on the carrier, type of shipment and recipient's address.
It usually takes up to 2 business days.

Please note! When paying by online transfer, the time it takes to receive the package is extended by the time it takes to process the transfer.

• In case of ordering via InPost parcel lockers, the parcel will be delivered to the parcel locker of your choice within a few (usually up to 2) business days from the moment of sending the parcel.
• In the event of ordering Products with different dates of readiness for collection, the Customer has the option of collecting the Products in parts (depending on their readiness for collection) or collecting all the Products after the entire order has been completed.
• The beginning of the period of readiness of the Product for collection by the Customer is counted from the date of crediting the Seller's bank account.
• Delivery of the Product takes place only within Poland.

§ 11 Pre-orders

Pre-order products will be shipped after the pre-order phase ends, as indicated on the product page.
The customer will be informed of the expected shipping date at the time of order placement.

The Seller reserves the right to extend the shipping time in exceptional cases, about which the Customer will be immediately informed.
Payment for preorders can be made at the time of ordering.

§ 12 Right of withdrawal

The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person indicated by him other than the carrier.
In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
In the case of an Agreement which involves the regular delivery of Products for a specified period of time, the period indicated in paragraph 1 shall run from the taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the deadline expires.
The declaration may be sent by traditional mail, fax or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on a form, the template of which is an annex to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.

Consequences of withdrawal from the Agreement:

• In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
• In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery.
  offered by the Seller.
• The Seller will refund the payment using the same payment method that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
• The Seller may withhold reimbursement until receiving the Product back or until proof of sending it back is provided, depending on which event occurs first.
• The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
• The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
• The Consumer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.

The right to withdraw from a distance contract does not apply to the Consumer in relation to the Contract:

• where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
• where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
• for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement,
• in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement expires,
• where the subject of the provision are items which after delivery, due to their nature, are inseparably connected with other items,
• for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller informed him of the loss of the right to withdraw from the Contract,

§ 13 Complaints and warranty

The Sales Agreement covers new Products.
In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
Goods returned under the complaints procedure should be sent to the address given in § 3 of these Regulations.
If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.

§ 14 Extrajudicial methods of handling complaints and pursuing claims

Detailed information on the possibility of using out-of-court complaint and claim settlement procedures by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php,
• http://www.uokik.gov.pl/sprawy_zdrowie.php,
• and http://www.uokik.gov.pl/wazne_adresy.php .

The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:

• The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
• The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
• The consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).

§ 15 Personal data in the Online Store

The administrator of Customers' personal data collected via the Online Store is the Seller.
Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement and, if the Customer consents, also for marketing purposes.

The recipients of the personal data of Customers of the Online Store may be:

• In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
• In the case of a Customer who uses electronic payment or payment card payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

The customer has the right to access and correct their data.
Providing personal data is voluntary, however failure to provide the personal data indicated in the Regulations and necessary to conclude the Sales Agreement results in the inability to conclude said agreement.

§ 16 Final provisions

• Agreements concluded via the Online Store are concluded in Polish.
• The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
• In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.
• The customer has the right to use out-of-court complaint and claim settlement methods. To do this, they can file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr