Terms and Conditions

TERMS AND CONDITIONS
OF THE ONLINE STORE
and
OF SERVICES PROVIDED BY ELECTRONIC MEANS

These Terms and Conditions set out the general terms, the manner of providing services by electronic means and the sale conducted through the Online Store bemopets.com. The store is operated by ETCORN Sp. z o.o. sp. k., with its registered office in Tarnów, ul. Braci Saków 5e, 33-100 Tarnów, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number: 0000706710, NIP (tax ID): 9930665247, REGON: 368888629, hereinafter referred to as the Seller. These Terms and Conditions apply to customers who are consumers or entrepreneurs with consumer rights.

§ 1
General provisions

These Terms and Conditions are continuously available on the website bemopets.com in a manner that allows them to be obtained, reproduced and recorded at any time by printing or saving them on a data carrier.
The Seller informs that the use of services provided by electronic means may involve risks for every Internet user, consisting in the possibility of malicious software being introduced into the ICT system of the Customer or the Foreign Customer and of their data being obtained and modified by unauthorised persons. To avoid the risk of such threats, the Customer or the Foreign Customer should use appropriate technical measures to minimise them, in particular antivirus software and a firewall, etc.
These Terms and Conditions have been prepared in a way that makes the content accessible in accordance with the WCAG 2.1 standard with regard to contrast, heading structure and alternative language versions, where made available.
The Seller provides the following services through the Bemo online store:
1. maintaining an Account;
2. a contact form;
3. information services consisting in presenting content within the Online Store;
4. a Newsletter.
The contact form service consists in enabling the Customer to contact the Seller by means of a message sent through the form placed in the Online Store.
Agreements for the provision of the services referred to above are concluded when the Customer starts using a given Service and are terminated when the Customer leaves the Online Store or otherwise stops using the individual Services.
Within the Account, the Seller additionally enables Customers, in particular:
1. to access their Order history;
2. to manage the Customer's personal data assigned to the Account using the "Your details" tab, including the possibility of adding and editing delivery address details, etc.;
3. to access the Loyalty Programme.
Furthermore, the Customer acknowledges that:
1. submitting a request to erase the Customer's personal data that are necessary to maintain the Account, combined with a request (even an implied one) to delete the Account (termination of the account agreement), will result in termination of the Account Agreement;
2. termination of the Account Agreement and deletion of the Account also means that the Customer loses the rights resulting from membership in the Loyalty Programme and is equivalent to the end of participation in the Loyalty Programme.
Promptly, but no later than within 30 (thirty) days from the date on which the Seller receives a request to delete the Account or a request to erase data, an e-mail confirming deletion of the Account will be sent to the Customer's e-mail address provided during registration. After the Account has been deleted, the Seller stores information about the deleted Account for 30 (thirty) days in order to allow it to be restored if necessary.

§ 2
Definitions

PRODUCT PRICE – the gross value of the Product expressed in Polish zloty, shown in the Bemo Online Store and including the applicable VAT;
Customer – a natural person with full legal capacity who has reached the age of 18, to whom services may be provided by electronic means or who intends to conclude a Sales Agreement with the Seller as a consumer or an entrepreneur with consumer rights on the terms set out in these Terms and Conditions;
Foreign Customer – an adult natural person who has their place of residence or registered office outside the territory of the Republic of Poland, in one of the Member States of the European Union, and who places an Order with delivery outside Poland in accordance with the conditions set out in these Terms and Conditions;
BASKET – the electronic Order form in the Bemo Online Store that allows Products to be selected and the Order being placed to be previewed and modified;
Entrepreneur with consumer rights – a Customer who is a natural person purchasing Goods from the Seller under a sales agreement directly related to their business activity, where the content of that agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG);
Consumer – a Customer who is a natural person or a flat-rate farmer performing a legal transaction not directly related to their business or professional activity, in particular concluding a Sales Agreement on the terms set out in the Terms and Conditions;
Promotional Partner – an influencer, brand ambassador, online creator or other person or entity cooperating with the Seller on individual terms in promoting the Seller, the Online Store, the brand, or the Seller's products or services, regardless of the form, channel and remuneration of such cooperation, in particular on the basis of an agreement, arrangement, e-mail correspondence or other individual arrangements with the Seller;
Courier: an employee/associate of an external company linked to the Seller, directly or indirectly, by an agreement for the provision of services consisting in the delivery of Products to the Customer;
Privacy Policy: the Privacy Policy available in the Online Store at: https://bemopets.com/content/2-privacy-policy;
Cookie Policy: the policy on the use of cookies available in the Store;
Terms and Conditions – this document;
Civil Code – the Polish Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Customer Account – a free-of-charge part of the Online Store assigned to a given Customer or Foreign Customer, through which the Customer/Foreign Customer may perform certain actions within the Online Store;
TOTAL ORDER COST – the Price of the Goods added by the Customer to the Basket, increased by delivery costs and other costs, if any, of which the Customer has been informed, and reduced by any discounts, which the Customer will be obliged to pay when making purchases in the Bemo Online Store;
Working days – Monday to Friday, excluding public holidays;
Goods – a product presented in the Online Store, the description of which is available with each of the presented products;
Sales Agreement – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer or Foreign Customer;
Bemo Online Store – the online space using the Platform for the purpose of concluding Sales Agreements;
Services – services provided by the Seller to Customers or Foreign Customers by electronic means within the meaning of the Polish Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);
Act on the Provision of Services by Electronic Means – the Polish Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Order – the Customer's declaration of intent expressing the direct will to conclude a Sales Agreement, specifying the type and quantity of Products the Customer wishes to purchase from the Seller in the Bemo Online Store, constituting the Customer's offer within the meaning of the Civil Code and containing the Customer's data necessary to conclude and perform the Sales Agreement;
Seller – ETCORN Sp. z o.o. sp. k., with its registered office in Tarnów, ul. Braci Saków 5e, 33-100 Tarnów, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number: 0000706710, NIP: 9930665247, REGON: 368888629;
Password: a string of characters giving the Customer access to the Account; it should contain from 3 to 72 characters, at least one lower-case and one upper-case letter, at least one digit and at least one special character (!, @, #, etc.). The Customer is obliged to keep the Password secret and not to disclose it to third parties. If the Customer becomes aware of any unauthorised use of the Customer Account or any other breach of security, the Customer is obliged to inform the Seller of this immediately.

§ 3
CONTACTING THE SELLER

The Seller can be contacted:

by post: ul. Braci Saków 5e, 33-100 Tarnów, Poland
by e-mail: sklep@biurokarmy.pl, biuro@etcorn.pl
by telephone: +48 883 764 999

§ 4
TECHNICAL REQUIREMENTS AND RULES FOR USING THE BEMO ONLINE STORE

The Bemo Online Store can be used if the ICT system used by the Customer or Foreign Customer meets at least the following requirements:
1. a computer or mobile device with Internet access,
2. an active e-mail account,
3. a web browser: Firefox 28.0 or later, Chrome 32 or later, Opera 12.17 or later, or Safari 1.1 or later,
4. cookies and JavaScript enabled in the browser settings.
Use of the Bemo Online Store means any activity of the Customer or Foreign Customer that results in viewing the content made available in the Store.
The Customer, the Foreign Customer and the Entrepreneur with consumer rights undertake in particular:
1. not to post or transmit unlawful content, including content promoting violence, defamatory content or content infringing personal rights or other rights of third parties,
2. to use the Online Store in a manner that does not disrupt its operation, in particular without using software or devices that could adversely affect the functioning of the Store,
3. to refrain from sending or publishing unsolicited commercial information (spam) within the Store,
4. to use the Store in a manner that does not disturb other Customers, Foreign Customers or the Seller,
5. to use the content available in the Store solely for their own personal use,
6. to use the Store in accordance with the law applicable in the territory of the Republic of Poland, the provisions of the Terms and Conditions and the general rules of using the Internet.

§ 5
TYPES OF SERVICES PROVIDED BY ELECTRONIC MEANS

Through the Online Store the Seller provides free-of-charge Services, available 24 hours a day, 7 days a week.
The Account service in the Online Store is available after registration, which consists in completing and accepting the registration form made available on one of the Store's pages. The Account Agreement is concluded for an indefinite period and expires when the Customer or Foreign Customer requests deletion of the Account.
The Customer may also make purchases in the Bemo Online Store without registering, providing only the data necessary to fulfil a single order, such as: the Customer's first name, surname, entity name, delivery address, telephone number and e-mail address.
With their consent, the Customer or Foreign Customer may also receive commercial information from the Seller at the e-mail address provided (Newsletter). To do so, a valid e-mail address must be provided or the relevant consent must be ticked in the registration form or the Order form. Consent to receive commercial information may be withdrawn at any time. The Newsletter agreement is concluded for an indefinite period and is terminated when a request to remove the e-mail address from the subscriber list is sent or when the Customer unsubscribes using the link included in the Newsletter message.
The Seller's Store also allows the Customer or Foreign Customer to post individual, subjective reviews, among others about the Goods or the course of the transaction. By adding a review, the user declares that they hold all rights to the published content, in particular the author's economic rights, related rights and industrial property rights. The agreement concerning the review publication service is temporary and expires when the review is added.
Reviews should be written clearly and comprehensibly and in accordance with the law and the rights of third parties; in particular, they must not be defamatory, infringe personal rights or constitute an act of unfair competition. Published content is disseminated on the pages of the Online Store.
By posting a review, the Customer or Foreign Customer consents to the Seller using that content free of charge, publishing it and creating derivative works within the meaning of the Polish Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).
The Seller verifies reviews for authenticity, allowing them to be posted only by persons who have purchased the given product in the Store. Consequently, reviews come exclusively from verified users.
The Seller may organise occasional competitions and promotions, the rules of which will be published on the Store's pages each time. Promotions cannot be combined unless the rules of a given promotion state otherwise. In the event of any discrepancy between these Terms and Conditions and the relevant separate promotion rules or information and materials on promotions, the provisions of the relevant separate promotion rules or the information and materials on promotions shall prevail.
If the Customer or Foreign Customer breaches the Terms and Conditions, the Seller – after a prior, unsuccessful request to cease the breaches or remedy them within a specified period – may terminate the agreement for the provision of Services with 14 days' notice.
Every account user is obliged to keep the login and password to the Account confidential. The Seller is not liable for the actions of third parties who have gained access to the Account as a result of the Customer's/Foreign Customer's failure to exercise due care.
Using the account requires reading the Terms and Conditions and consenting to the provision of services by electronic means and to the processing of personal data to the necessary extent by ticking the relevant box in the registration form.
After the completed registration form has been submitted, the Seller will promptly send a confirmation of registration to the e-mail address provided by the Customer. After logging in to the Account, the Customer may change the data provided during registration, including changing the Password.
Upon completion of the registration process, the Customer concludes with the Seller an Account Agreement for an indefinite period, which may be terminated in accordance with the rules set out in the Terms and Conditions. The Customer may have only one active Account in the Online Store.

§ 6
Conclusion of the Sales Agreement

Information about the Goods posted on the Store's pages (in particular descriptions, technical and functional parameters and prices) does not constitute an offer within the meaning of the Civil Code, but an invitation to submit offers to conclude a sales agreement within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, free from physical and legal defects and have been lawfully placed on the Polish market. Food and care products for dogs and cats are authorised for sale in Poland and the EU and have all the characteristics required by law.
Prices shown in the Store are gross prices (including VAT). Product prices, including promotional prices, apply to sales with delivery within Poland. For orders with delivery outside Poland, prices may change depending on the VAT rate applicable in the country of delivery.
The Seller states that the total value of the order consists of the price of the Goods and – where applicable – the delivery costs shown in the Store.
The selected Goods should be added to the basket in the Store.
The Buyer then selects the delivery method and payment method from the options available in the Store and provides the data necessary to fulfil the order.
The order is placed when the Buyer confirms that they have read the Terms and Conditions and accepts their content.
Placing an order means that the Buyer submits to the Seller an offer to conclude a sales agreement for the Goods covered by the order and, until the order is paid for, does not constitute a reservation of stock of the selected products.
The sales agreement is concluded after verification that the order has been paid for and can be accepted for fulfilment, and after acceptance of the Buyer's offer, which takes place by sending a separate e-mail confirming acceptance of the order for fulfilment. The sales agreement is concluded when the Buyer receives this message.
The Seller will provide the Buyer with confirmation of the conclusion of the sales agreement no later than at the time of delivery of the Goods. Further information, including about the preparation of the goods for shipment, their dispatch, readiness for collection and collection, may be sent to the Customer's e-mail address.
In the Online Store, the Customer may also place an Order without having an Account. In this case, when placing the Order, the Customer must provide: first name, surname, an active GSM mobile telephone number assigned by a telecommunications operator, an e-mail address, and confirm that they have read the Terms and Conditions by ticking the appropriate box.
To place an Order, the Customer selects the Products to be placed in the basket in accordance with the instructions in the Online Store. When putting the Order together, the Customer is informed of the Price of the Products selected. After selecting the Products, the Customer should choose the "Proceed to checkout" option and provide: the delivery address (postcode, town, street, house number, flat number); the date and time of delivery (from among the days and times indicated in the Online Store); and choose the form of payment.
The Seller conducts only retail sales in the Online Store. Placing an Order does not depend on reaching a minimum Order value, and the Buyer may also purchase a single Product. Unless otherwise expressly indicated for a given Product, the Seller does not set a maximum number of Products in a single Order or a maximum weight of an Order. In the event of an obvious technical, system or calculation error or a mistake regarding the price, discount, promotion conditions or rules for combining promotions, resulting in particular from a failure of the Online Store, incorrect operation of the ICT system or unintended accumulation of discount mechanisms, the Seller reserves the right to appropriately correct the terms of the Order after informing the Buyer in advance.
If payment for the order is not received within 7 days of placing it, the Store is entitled to withdraw from the sales agreement and cancel the order. Payment is deemed to have been made when the funds are credited to the Store's bank account or to a sub-account maintained by the Przelewy24 or InPostPay payment platform. After the payment deadline has expired without effect, the Seller will provide the Buyer, on a durable medium, with a declaration of withdrawal from the agreement pursuant to Article 492 of the Civil Code.
The content and graphic materials posted on the Store's website are the legally protected property of the Seller and may not be used in any way by third parties without the Seller's consent.
The sales agreement is concluded in Polish, and its content complies with the Terms and Conditions.
The Customer is obliged to provide the correct delivery address to which the Products are to be delivered. If the Customer provides an incorrect delivery address, the Seller is not liable for any delay in, or impossibility of, delivering the Goods covered by the Order. If the Customer provides an incorrect delivery address, the Sales Agreement is terminated, without the need to make any additional declaration, for reasons attributable to the Customer.
The Seller, after notifying the Customer in advance, reserves the right to unilaterally cancel an Order placed by the Customer in the following cases:
1. Duplicate Order: if two identical Orders appear in the Customer's Account, the Seller contacts the Customer by telephone to make sure that a mistake has been made. If the Customer confirms this, or if the Seller receives no response from the Customer after 2 (two) attempts to make telephone contact, one of the Orders is cancelled;
2. Circumstances beyond the Seller's control: if circumstances beyond the Seller's control affect the fulfilment of the Order, the Seller contacts the Customer by telephone, informs them of the situation and proposes delivery of the Order at a later date. If the Customer does not agree, the Order is cancelled.
In the cases indicated above, the Seller will inform the Customer that the Order has been cancelled and will refund to the Customer all amounts received in connection with the cancelled Order (the total Price of the Products and the delivery cost, if any).
The Seller may update the Prices of the Goods on an ongoing basis and include them in promotions of its choice. Changes to the Prices of the Goods do not affect Orders already placed. The Price of the Goods may depend on promotional campaigns organised by the Seller. The conditions on which promotional campaigns are organised are set out in separate rules.

§ 7
PAYMENTS

Prices of the Goods are given in Polish zloty and include all price components, including VAT, and other applicable charges precisely specified in the Basket.
Individual Customers from Poland may pay for the order, at their choice:
1. via the Przelewy24 or InPostPay (BLIK payment) payment platform – transfers made through an external payment system immediately after placing the order;
2. by ordinary bank transfer to the Seller's bank account: ETCORN sp. z o.o. sp. k., ul. Braci Saków 5e, 33-100 Tarnów: PL 12 1240 1910 1111 0010 7716 120;
3. cash on delivery, i.e. in cash or by card when the goods are delivered to the Buyer.
The Seller does not guarantee that all forms of payment will be available at the time the Order is placed.
If payment via the Przelewy24 payment platform is selected, the entity providing online payment services is PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, Poland.
The Customer is obliged to make the payment within 15 minutes of receiving confirmation that the Order has been placed (this does not apply to advance payment by traditional bank transfer). If this time elapses without payment, the Order will be cancelled.
If the Buyer chooses advance payment (traditional bank transfer), the order must be paid for within 2 working days of placing the order. The order number indicated in the confirmation sent by e-mail should be entered in the transfer title.
The Seller informs on the Store's pages of the period within which the Customer/Foreign Customer is obliged to pay for the Order. If payment is not made within this period, the Seller, after a prior, unsuccessful request to cease the breaches or remedy them, setting an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
Orders that have not been paid for will not be fulfilled.
The Seller states that for selected payment methods, due to their specific nature, payment is only possible immediately after placing the order.
The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000347935, NIP 7792369887, REGON 301345068.
Confirmation of a purchase made in the Online Store is an electronic invoice sent to the e-mail address provided by the Customer. In order to receive an invoice in connection with their business activity, the Customer provides, when placing the Order, the data necessary to issue an invoice related to such activity. In addition, the Customer can view the invoice issued, and download it, via their account in the online store.
Sales transactions for Products are always documented with VAT invoices.
By purchasing a Product in the Online Store, the Customer expresses the wish to receive a VAT invoice documenting that purchase.
Pursuant to Article 106n(1) of the Polish Act of 11 March 2004 on Goods and Services Tax, the Customer, subject to paragraph 8 below, accepts that invoices (including corrective invoices) are issued and sent in electronic form. The electronic invoice will be sent to the e-mail address provided by the Customer when registering the Account or when placing the Order.
After the Seller receives the Product, in the event of withdrawal from the Sales Agreement by a Consumer or an Entrepreneur with consumer rights, in the event of a refund in connection with an accepted complaint, and in other cases resulting in an obligation to reduce the Price of the Product, a corrective invoice will be sent to the Customer's e-mail address.
The Parties consider the conditions for reducing the taxable amount referred to in Article 29a(13) in conjunction with Article 86(19a) of the Polish Act of 11 March 2004 on Goods and Services Tax to be met on the date on which the Seller issues a correct corrective invoice consistent with the documentation held by the Parties, showing that the Parties have agreed the conditions for reducing the taxable amount specified in the corrective invoice and that these conditions have been met, and that the invoice is consistent with the documentation held by the Parties.

§ 8
ORDER FULFILMENT

The order fulfilment time is 1–2 working days and is counted from the moment payment for the goods is received, unless the order is fulfilled cash on delivery.
- Orders placed by 1:00 p.m. on working days are shipped on the same day.
- Orders placed after 1:00 p.m. on working days are shipped on the following day.
- Orders placed at the weekend or on public holidays are shipped on the next working day.
The Seller reserves the right to cancel an order of the Customer/Foreign Customer only if the order was placed and accepted as a result of a system error or if stock has run out despite the exercise of due diligence – in such a situation the Seller guarantees an immediate refund of the price paid.
The Seller is obliged to deliver goods free from defects.
If the Buyer has chosen advance payment for the order, the Seller will start fulfilling the order once it has been paid for.
If, within a single order, the Buyer has purchased goods with different fulfilment times, the order will be fulfilled within the time applicable to the goods with the longest fulfilment time.
The Seller fulfils orders within the territory of the Republic of Poland, with the possibility of fulfilling foreign orders in the following territories:
- Austria
- Belgium
- Bulgaria
- Cyprus
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Greece
- Spain
- Netherlands
- Ireland
- Lithuania
- Luxembourg
- Latvia
- Malta
- Germany
- Portugal
- Romania
- Slovakia
- Slovenia
- Sweden
- Hungary
- United Kingdom
- Italy
- Croatia
The shipping methods offered within the territory of the Republic of Poland are:
1. FedEx courier.
2. DHL courier.
3. Personal collection at the Seller's premises (ul. Braci Saków 5e) on working days during opening hours. If the Buyer chooses personal collection, the goods will be ready for collection within the stated order fulfilment time or, if the Seller has indicated a date of dispatch of the goods, on that date.
4. InPost Courier Standard.
5. InPost Paczkomat 24/7 parcel locker.
6. DPD Poland – Swip Box.
7. DPD Poland – Pickup.
8. DPD Poland (courier).
For foreign orders, the shipping methods offered are:
1. FedEx courier.
2. DPD courier.
The Foreign Customer is obliged to check whether the country to which the order is to be delivered is on the list of countries served by the Bemo Online Store.
The charge for foreign delivery depends on the weight of the order and the country of delivery. Detailed shipping costs are not displayed. After the order has been placed, an invoice for the transport is sent to the buyer's e-mail address and must be paid by traditional bank transfer before the goods are shipped.
If the Customer does not collect the parcel and it is returned to the Seller, a Customer who is a Consumer may be charged the direct costs of returning the goods to the Seller (return transport costs), unless the failure to collect the parcel resulted from circumstances for which the Customer is not responsible. In such a situation, the Seller will refund to the Customer the price of the Goods and the cost of delivering the goods to the Customer, reserving the right to claim compensation for the costs of the return shipment incurred.
Delivery takes place on working days, except where the terms of service of the above courier companies provide for additional delivery days (weekends).
The risk of accidental loss of or damage to the purchased Products passes to the Customer only when they are handed over to the Customer by the Courier. The Seller is liable to the Customer for non-delivery or delay in delivery of the Product, as well as for loss of or damage to the Product(s) occurring until the Products are handed over to the Customer, unless the law provides otherwise.
At the Courier's request, the Customer is obliged to confirm receipt of the ordered Products.
The Customer should examine the delivered Order containing the ordered Products and check whether the Products are defective. If any loss or damage is identified when the parcel containing the ordered Products is delivered, the Customer has the right to ask the Courier to draw up an appropriate damage report. The Customer acknowledges that if no appropriate report is drawn up with the Courier, handling of the complaint may be more difficult; it is therefore recommended to gather evidence of the condition of the parcel at the time of delivery. If any loss, damage or non-conformity with the Order is found, the Customer should contact the Seller and submit a complaint.
A Customer who is not a Consumer is obliged to check the condition of the Products after the Order has been delivered. If any loss or damage is identified when the parcel containing the ordered Products is delivered, the Customer is obliged to document the condition of the parcel at the time of delivery and contact the Seller to submit a complaint. Failure by a Customer who is not a Consumer to fulfil any of the obligations referred to in this paragraph may result in the complaint being rejected.

§ 9
RIGHT OF WITHDRAWAL

A Buyer who is a Consumer or an Entrepreneur with consumer rights may withdraw from an agreement concluded with the Seller through the Store within 14 days without giving any reason, subject to the provisions of this paragraph.
The withdrawal period expires 14 days from the day:
1. on which the Consumer or the Entrepreneur with consumer rights took possession of the Goods, or on which a third party other than the carrier, indicated by them, took possession of the Goods;
2. on which the Consumer or the Entrepreneur with consumer rights took possession of the last item (or a third party other than the carrier, indicated by them, took possession of the last item) – in the case of an agreement involving the transfer of ownership of multiple items delivered separately.
To exercise the right of withdrawal, the Consumer or the Entrepreneur with consumer rights should inform the Seller of their decision, using the contact details given in § 3 of the Terms and Conditions, by means of an unequivocal statement (e.g. a letter sent by post or by electronic means: e-mail).
The Consumer or the Entrepreneur with consumer rights may use the model withdrawal form attached to the Terms and Conditions.
To meet the withdrawal deadline, it is sufficient to send the statement of withdrawal to the Seller before the withdrawal period has expired.

§ 10
EFFECTS OF WITHDRAWAL

In the event of effective withdrawal from the agreement, the Seller shall refund to the Buyer who is a Consumer or an Entrepreneur with consumer rights all payments received from them, without undue delay and in any event no later than 14 days from the day on which it received the information about the withdrawal. Delivery costs are refunded up to the amount corresponding to the cheapest standard delivery method available in the Store; any additional costs resulting from the choice of a more expensive form of delivery are not refunded.
The refund is made using the same means of payment as used in the original transaction, unless the Buyer has expressly agreed to a different form of refund. In any case, the Buyer will not incur any fees as a result of the refund.
The Seller may withhold the refund until it has received the returned Goods or until the Buyer has supplied proof of having sent them back, whichever is the earlier.
The Buyer should send the Goods back to: Etcorn Sp. z o.o. sp. k., ul. Braci Saków 5e, 33-100 Tarnów, Poland, without undue delay and in any event no later than 14 days from the day on which they informed the Seller of the withdrawal from the agreement. The deadline is met if the Goods are sent before the 14-day period has expired.
The Buyer bears the direct cost of returning the Goods.
The Buyer is liable only for any diminished value of the Goods resulting from handling them beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
If, due to their nature, the Goods cannot be returned by ordinary post, the Buyer also bears the direct cost of sending them back. The Buyer will be informed of the estimated amount of these costs in the description of the Goods in the Store or during the ordering process.
The Seller may refuse to accept the return of Goods bearing clear signs of use or with damaged packaging in a manner indicating use beyond an ordinary inspection of the Goods (in particular Goods that have been opened and used). In such a case, the Seller may refuse to make a refund, and the Buyer is obliged to collect the Goods at their own expense.

§ 11
EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL

The right to withdraw from a distance contract does not apply to the Consumer or to the Entrepreneur with consumer rights with respect to contracts:
1. for goods that are not prefabricated, are made to the Buyer's specifications or are intended to meet the Buyer's individual needs;
2. for goods that are liable to deteriorate quickly or have a short shelf life;
3. for goods supplied in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons – if the packaging was opened after delivery;
4. for goods which, after delivery, by their nature become inseparably mixed with other items;
5. for sound or video recordings or computer software supplied in sealed packaging – if the packaging was opened after delivery;
6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
7. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur within the withdrawal period;
8. for the supply of digital content not supplied on a tangible medium, if performance began with the Buyer's express consent before the end of the withdrawal period and after the Buyer was informed that they would lose the right of withdrawal;
9. for the provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who was informed before the start of performance that they would lose the right of withdrawal once the service had been fully performed.
The right to withdraw from a distance contract does not apply to entities other than a Consumer or an Entrepreneur with consumer rights.

§ 12
COMPLAINTS

The Seller undertakes to deliver Goods free from physical and legal defects. The Seller is liable to Buyers for defects in the item sold (statutory warranty, rękojmia) on the terms set out in Article 556 et seq. of the Civil Code and for non-conformity of the Goods with the contract within the meaning of the Consumer Rights Act.
The Seller is liable under the statutory warranty to a Customer or Foreign Customer who is a Consumer in accordance with Articles 556–576 of the Civil Code. In relations with Customers or Foreign Customers who are Entrepreneurs, the statutory warranty is excluded.
If a defect in the Goods is found, a complaint may be submitted in any form; however, the Seller recommends submitting complaints:
1. by e-mail to: reklamacje@bemokarmy.pl
or
1. in writing to: ul. Braci Saków 5e, 33-100 Tarnów, Poland.
The complaint should include: the order number, a description of the problem (optionally with photographs), the contact details of the person submitting the complaint and an indication of the preferred way of resolving the matter if the complaint is accepted.
To submit a complaint, the Customer may also use the complaint form available in the "Returns and complaints" section or prepare their own statement. Using the complaint form available in the "Returns and complaints" section is not obligatory.
The time limit for responding to the Customer's complaint is:
a. for complaints concerning non-conformity of the goods with the contract / non-conformity of digital content or a digital service with the contract / the statutory warranty – 14 days;
b. for complaints under a guarantee – the detailed time limits and rules are set out in the guarantee card.
The Seller is liable for any non-conformity of the Product with the Sales Agreement that existed at the time of its delivery and became apparent within two years of that time, unless the Product's shelf life specified by the Seller, its legal predecessors or persons acting on their behalf is longer. Any non-conformity of the Product with the Sales Agreement that became apparent within two years of delivery of the Product is presumed to have existed at the time of its delivery, unless proven otherwise or unless this presumption is incompatible with the specific nature of the Product or the nature of the non-conformity.
The Seller may not rely on the expiry of the period for establishing non-conformity of the Product with the Sales Agreement specified in paragraph 2 above if it fraudulently concealed the non-conformity.
If the Product does not conform to the Sales Agreement, the Consumer may demand its repair or replacement.
The Seller may replace the Product when the Customer requests repair, or repair it when the Customer requests replacement, if bringing the Product into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Sales Agreement.
When assessing whether costs are excessive, all circumstances of the case are taken into account, in particular the significance of the non-conformity of the Product with the Sales Agreement, the value of the Product in conformity with the Sales Agreement and the excessive inconvenience to the Consumer resulting from a change in the way the Product is brought into conformity with the Sales Agreement.
The Seller carries out the repair or replacement within a reasonable time from the moment it was informed by the Customer of the non-conformity with the Sales Agreement and without excessive inconvenience to the Customer, taking into account the specific nature of the Product and the purpose for which the Customer purchased it. The costs of repair or replacement, including in particular postage, transport, labour and material costs, are borne by the Seller.
The Consumer makes the Product to be repaired or replaced available to the Seller. The Seller collects the Product from the Consumer at its own expense.
If the Product was installed before the non-conformity with the Sales Agreement became apparent, the Seller dismantles the Product and reinstalls it after the repair or replacement has been carried out, or arranges for these activities to be carried out at its own expense.
The Consumer is not obliged to pay for normal use of a Product that has subsequently been replaced.
If the Product does not conform to the Sales Agreement, the Customer may submit a declaration of price reduction or withdrawal from the Sales Agreement when:
1. the Seller has refused to bring the Product into conformity with the Sales Agreement;
2. the Seller has not brought the Product into conformity with the Sales Agreement;
3. the non-conformity of the Product with the Sales Agreement persists even though the Seller has tried to bring the Product into conformity with the Sales Agreement;
4. the non-conformity of the Product with the Sales Agreement is so significant that it justifies a price reduction or withdrawal from the Sales Agreement without first using the remedies indicated above;
5. it is clear from the Seller's statement or the circumstances that it will not bring the Product into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Customer.
The reduced price must be in the same proportion to the price under the Sales Agreement as the value of the non-conforming Product is to the value of the Product in conformity with the Sales Agreement.
The Seller refunds to the Consumer the amounts due as a result of exercising the right to a price reduction without undue delay, no later than 14 (fourteen) days from the date of receipt of the Consumer's declaration of price reduction.
The Consumer may not withdraw from the Sales Agreement if the non-conformity of the Product with the Sales Agreement is insignificant. The non-conformity of the Product with the Sales Agreement is presumed to be significant.
If the non-conformity with the Sales Agreement concerns only some of the Products delivered under the Sales Agreement, the Consumer may withdraw from the Sales Agreement only with respect to those Products, and also with respect to other Products purchased by the Consumer together with the non-conforming Products, if the Consumer cannot reasonably be expected to agree to keep only the conforming Products.
In the event of withdrawal from the Sales Agreement, the Consumer shall return the Product to the Seller without undue delay at the Seller's expense. The Seller shall refund the price to the Consumer without undue delay, no later than 14 (fourteen) days from the date of receipt of the Product or proof of its return.
The Seller refunds the price using the same means of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund which does not involve any costs for them. The refund takes into account all discounts received at the time of purchase.
Within the scope of liability for non-conformity of the Product with the Sales Agreement, the Seller is not obliged to provide the Customer with replacement goods for the duration of the complaint procedure.
The Seller is not liable for non-conformity of the Product with the Sales Agreement if, no later than at the time of concluding the Sales Agreement, the Consumer was expressly informed that a specific characteristic of the Product deviates from the requirements of conformity with the Sales Agreement and expressly and separately accepted the absence of that specific characteristic of the Product.
The Seller's liability under the statutory warranty applies to Entrepreneurs with consumer rights.
The Seller is liable to Entrepreneurs with consumer rights for defects in goods in accordance with the provisions of the Polish Act of 23 April 1964 – Civil Code, in particular on the basis of Article 556 et seq. of the Civil Code (statutory warranty).
When filing a complaint about substandard/defective goods under the statutory warranty, Customers may demand:
1. repair,
2. replacement,
3. a price reduction (the reduced price should be in the same proportion to the price under the agreement as the value of the defective item is to the value of the item without defects),
4. withdrawal from the agreement, i.e. a cash refund (if the defect is significant).
The Seller is obliged to replace the defective item with one free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer.
Where replacement of the item with one free from defects or removal of the defect is requested, the Seller may refuse to comply with the Customer's request if bringing the defective item into conformity with the agreement in the manner chosen by the Customer is impossible or, compared with the other possible way of bringing it into conformity with the agreement, would involve excessive costs.
The Seller may also refuse to replace the item with one free from defects or to remove the defect if the costs of fulfilling this obligation exceed the price of the item sold.
An Entrepreneur with consumer rights may submit a declaration of price reduction or withdrawal from the agreement, unless the Seller promptly and without excessive inconvenience to the Entrepreneur with consumer rights replaces the defective item with one free from defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or if the seller has failed to fulfil the obligation to replace the item with one free from defects or to remove the defect.
The Seller is liable under the statutory warranty if a physical defect is discovered within two years of the date on which the item was handed over to the Customer.
A claim for removal of a defect or replacement of the item sold with one free from defects becomes time-barred one year from the date on which the defect was discovered.
Within the time limits specified in paragraph 32, an Entrepreneur with consumer rights may submit a declaration of withdrawal from the agreement or price reduction on account of a defect in the item sold. If the Entrepreneur with consumer rights requested replacement of the item with one free from defects or removal of the defect, the time limit for submitting a declaration of withdrawal from the agreement or price reduction begins when the time limit for replacing the item or removing the defect has expired without effect.
To facilitate and speed up the complaint handling process, the Entrepreneur with consumer rights is advised to deliver the defective product to the Seller and to present a document confirming the purchase, e.g. a VAT invoice or card payment confirmation.
If a guarantee has been granted for a given Product offered in the Online Store, the Seller provides the Customer with a guarantee document together with the Product sold. The guarantee document may be an integral part of the instruction manual or a separate document.
Complaints under a guarantee may be submitted to the entity that granted the guarantee (the guarantor) or through the Bemo Online Store, within the time limit and on the terms specified in the guarantee document.
When a defective Product is the subject of a complaint under a guarantee, the guarantor decides how the complaint will be handled.
Complaints concerning the Services may be submitted:
1. electronically to the Seller's e-mail address: reklamacje@bemokarmy.pl,
2. using the contact form made available in the Online Store,
3. by traditional post to: ul. Braci Saków 5e, 33-100 Tarnów, Poland,
4. by telephone: +48 883 764 999.
The complaint should include: information on which Service it concerns, the reasons for the complaint (e.g. a description of the irregularities), and the e-mail address or postal address of the person submitting the complaint. If the complaint does not contain the data necessary to consider it, the Seller will ask for supplementary information.
The Seller will consider the complaint without undue delay, but no later than within 14 (fourteen) days of receiving it. The response will be sent to the e-mail address or postal address given in the complaint.

§ 13
OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

If the complaint procedure does not end with the result expected by the Consumer, the Consumer may use, in particular, the following out-of-court means of pursuing claims:
1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection – for this purpose a request for mediation must be submitted; as a rule, the procedure is free of charge; list of Inspectorates: https://uokik.gov.pl/pomoc-dla-konsumentow#faq595;
2. a permanent amicable consumer court operating at the competent Provincial Inspectorate of Trade Inspection – by submitting a request for the case to be heard by the amicable court; as a rule, the procedure is free of charge; register of courts: https://polubowne.uokik.gov.pl/rejestr,5,pl.html;
3. free assistance from a municipal or district consumer ombudsman.

§ 14
PERSONAL DATA

The controller of the personal data provided by the Buyer when using the Store is ETCORN Sp. z o.o. sp. k., with its registered office in Tarnów, ul. Braci Saków 5e, 33-100 Tarnów, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number: 0000706710, NIP: 9930665247, REGON: 368888629.
The Buyer's personal data are processed on the basis of the agreement and for the purpose of its performance, in accordance with the rules set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information on the processing of data by the Seller is contained in the privacy policy published in the Store.
When placing an order, the Buyer is obliged to consent to the processing of personal data by the courier company and the payment operator PRZELEWY24 (if this payment method is selected) to the extent necessary to fulfil the order.
Consent to the processing of your personal data is voluntary; however, failure to give consent means that further cooperation with the Data Controller is not possible.
Everyone has the right to:
- access their data,
- rectification, erasure or restriction of processing, or to object to processing;
- data portability;
- lodge a complaint with a supervisory authority;
- be forgotten, taking into account overriding provisions concerning the obligation to retain financial and accounting records and complaint claims;
- withdraw consent to the processing of their data at any time.
The Seller processes only the personal data that are necessary for the proper performance of the agreement, in compliance with the data minimisation principle under Article 5(1)(c) GDPR.

§ 15
RESERVATIONS

The Buyer is prohibited from providing content of an unlawful nature.
Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the terms and conditions. The agreement is concluded for the time and purpose of fulfilling the order.
Agreements concluded on the basis of these terms and conditions are concluded in Polish.
In the event of any dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the Seller's registered office.
None of the provisions of these terms and conditions excludes or in any way limits the Consumer's rights under the law.
Agreements concluded between the Buyer and the Seller are governed by the law of the Republic of Poland.
For Foreign Customers, all rights and obligations arising from these terms and conditions comply with European Union law.

§ 16
FINAL PROVISIONS

All rights to the Online Store, including the author's economic rights and intellectual property rights to the name, domain, website, as well as forms and logos, belong to the Seller. These elements may be used only in the manner provided for in, and in accordance with, the Terms and Conditions.
The essential provisions of the Sales Agreement are recorded, secured, made available and confirmed to the Customer by sending a message to the e-mail address provided by the Customer when registering the Account or when placing an Order without an Account.
Any disputes between the Seller and the Customer that are not settled amicably will be resolved by the competent common courts in Poland, unless otherwise provided by mandatory provisions of law.
None of the provisions of these terms and conditions excludes or in any way limits the Consumer's rights under the law.
For the avoidance of doubt, in all cases of e-mail messages being delivered to the Customer in accordance with the Terms and Conditions, the moment the e-mail is received by the Customer shall be deemed to be the moment the message is saved on the server on which the Customer has an e-mail account.
In matters not regulated in the Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on the Provision of Services by Electronic Means and the Consumer Rights Act.
The Seller may amend the Terms and Conditions at any time if there is an important reason, namely:
1. a change in generally applicable law or in its interpretation applied by competent authorities, directly affecting the content of the Terms and Conditions and making it necessary to adapt them to such a change in the law or its interpretation;
2. the issuing of a judgment, decision or other similar act by a court or competent public authority, directly affecting the content of the Terms and Conditions and making it necessary to amend them to comply with such a judgment, decision or other similar act;
3. security, including the prevention of breaches of the Terms and Conditions or counteracting abuse;
4. the removal of ambiguities or doubts concerning the interpretation of the Terms and Conditions;
5. a change in the procedure for placing Orders, the rules for concluding the Sales Agreement or the conditions of its performance;
6. a change in the functionalities available in the Online Store;
7. a change in the rules of operation of the Online Store;
8. a change in the names, addresses or company details given in the Terms and Conditions;
9. the need to correct unclear or doubtful wording or obvious typographical errors that may appear in the Terms and Conditions.
The Seller will notify Customers of an amendment to the Terms and Conditions by making the amended Terms and Conditions available in the Online Store and stating the date on which the amendment enters into force, which will be no earlier than 14 (fourteen) days from the date of their publication. Customers who have concluded an Account Agreement and have an Account in the Store will additionally be informed by the Seller of the amendment by means of information sent to the e-mail address assigned to the Account.
The date on which the amended Terms and Conditions enter into force with respect to the Customers referred to in the previous sentence will be at least 14 (fourteen) days from the date on which the information about the amendment was sent, subject to paragraph 10 below.
If an applicable provision of law, a judgment or another similar act of a competent public authority requires the Seller to amend the Terms and Conditions within a shorter period than that indicated in paragraph 2 above, the notification of the amendment and the message placed in the Store will indicate such shorter period together with the reason.
If the Customer refuses to accept the amended version of the Terms and Conditions, the Customer may, before the date on which the amendment enters into force, submit a request to terminate the Account Agreement.
The amended Terms and Conditions apply to a Customer who does not terminate the Account Agreement before the date on which the amendment enters into force. Sales Agreements concluded in accordance with the Terms and Conditions, or Orders placed, before the date on which the amendments to the Terms and Conditions enter into force are performed on the basis of the Terms and Conditions in force at the time the Order was placed.
The Seller is not liable for non-performance or improper performance of contractual obligations if this is a consequence of force majeure events, in particular such as: natural disasters, acts of war, cyber attacks, power outages, decisions of public administration authorities, strikes or other events beyond the Seller's control.

Information on the processing of your personal data

1.) Controller: ETCORN Sp. z o.o. sp. k., with its registered office in Tarnów, ul. Braci Saków 5e, 33-100 Tarnów, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number: 0000706710, NIP: 9930665247, REGON: 368888629

2.) Data Protection Officer: Małgorzata Sury, tel. +48 661 710 710, e-mail: malgorzata.sury@bemokarmy.pl

3.) Source of the personal data and scope of processing:

We received the personal data from a customer of the Bemo Online Store who provided them as the details of the recipient of the order. These data are used only to fulfil the order placed by the user of the Bemo Online Store (your first name and surname, telephone number, address).

You are returning an order and funds are being refunded (your first name and surname, bank account number).

4.) Purposes of processing:

Delivering the order to you as another recipient: performance of the sales agreement, handling of complaints, communication with you.

Processing the return of the order and the refund: in connection with the return of the order, within the framework of the sales agreement, and handling of complaints.

5.) Legal bases for processing:

Other recipient of the order: performance of the agreement (Article 6(1)(b) GDPR); facilitating and speeding up communication with you – the legitimate interest of the Controller (Article 6(1)(f) GDPR).

Return of the order and refund: performance of the agreement (Article 6(1)(b) GDPR) and provisions of civil and consumer law (Article 6(1)(c) GDPR).

6.) Recipients of the data: service providers acting on behalf of the Controller; authorised state authorities; employees and associates of the Controller.

7.) Your personal data will not be processed outside the EU.

8.) Data retention period:

the limitation period for claims under the sales agreement.

Your personal data as the person returning the order and to whom funds are refunded: the time needed to refund the funds and the data retention period in accordance with accounting regulations.

9.) Your rights regarding the processing of personal data: You have the right to: information about the processing of data; obtain a copy of the data; rectification of data and completion of incomplete data; erasure of data; restriction of processing; data portability; object to processing; lodge a complaint with the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych). To exercise these rights, please contact the Controller or the DPO, whose contact details are given above.

10.) More information on the processing of personal data can be found in the Privacy Policy at: https://bemopets.com/content/2-privacy-policy

MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the contract)

To: ETCORN sp. z o.o. sp. k., with its registered office at ul. Braci Saków 5e, 33-100 Tarnów, Poland, entered in the National Court Register – Register of Entrepreneurs by the District Court for Kraków-Śródmieście, 12th Commercial Division of the KRS, under KRS number: 0000706710, NIP: 9930665247, REGON 368888629, biuro@etcorn.pl

– I/We(*) ....................................................................... hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*) / for the provision of the following service(*) / for the supply of the following digital content(*):

.....................................................................................................................................................

– Date of conclusion of the contract(*) / receipt(*): ..........................................................................

– Name of consumer(s): .....................................................................................................................

– Address of consumer(s): .....................................................................................................................

.....................................................................................................................................................

Signature of consumer(s)
(only if this form is notified on paper)

Date ............................................

(*) Delete as appropriate.

Terms and Conditions