Terms and conditions of the XBEST.pl store.

The terms and conditions define the terms and rules for purchases in the online store operating at the address: https://xbest.pl.

The Administrator and owner of the Store is xbest.pl Sp. z o.o. with its registered office in Warsaw (00-807), Al. Jerozolimskie 96, Tax ID (NIP): 642-318-10-41, email: [email protected], phone number: tel.: +48 32 239 6000 and +48 32 239 6001. Branch in Rybnik (44-200), at ul. Św. Józefa 141D. The proper use and benefit from the services of the online store require familiarity, acceptance, and adherence to the TERMS AND CONDITIONS. It should also be noted that the store's website uses cookies, saved on the customer's computer, used for informational, statistical, and functional purposes. The rules for using cookies by the store are described in the Privacy Policy.


I. GENERAL PROVISIONS


1. The provisions of this regulation define the rules for using, placing orders, concluding sales agreements, and making complaints within the "https://xbest.pl" Store, operated by xbest.pl Sp. z o.o. with its registered office in Warsaw (00-807), Al. Jerozolimskie 96, enabling the Buyer to enter into a sales contract for a product available on the Store's website.
2. Contact with the Store is possible via: email address: [email protected] and in writing to the address: Św. Józefa 141D, 44-200 Rybnik.
3. The regulation is freely and continuously available on the website https://xbest.pl in a way that allows every customer to obtain, reproduce, and record its content by printing or saving it on a medium at any time.
4. The condition for using the Store and concluding a sales agreement is the acceptance of the provisions of this Regulation. By accepting the Regulation, the Customer agrees to all provisions, committing to adhere to them.
5. The Buyer cannot make purchases in the Store anonymously or under a pseudonym.
6. The Seller assumes that every Customer, in their own interest, provides all true information and in accordance with the actual state of affairs. The responsibility for the consequences of inaccuracies resulting from incorrect, incomplete, or untrue completion of forms lies solely with the Customer.
7. The Regulation is addressed to both Consumers and Entrepreneurs using the Store, unless a specific provision clearly indicates that it applies only to Customers who are Consumers.
8. All information about the goods offered by the Seller through the Online Store provided on the Online Store's website does not constitute an offer within the meaning of art. 66 of the Civil Code but an invitation to conclude a contract as defined in art. 71 of the Civil Code.
9. Prices of Goods available on the Seller's website are expressed in PLN currency and are given in net and gross amounts.
10. Using the Seller's online store means any action by the Customer that leads to the Customer familiarizing themselves with all content placed on the online store's website.
11. Customers are prohibited from providing unlawful and prohibited content.
12. It is prohibited to use the content posted on the subpages of the Store for purposes other than solely for personal use, in accordance with the granted license, if one has been granted.


II. DEFINITIONS OF TERMS


The words used in these Regulations mean:
1) CUSTOMER – a natural person with full legal capacity, and in cases provided by applicable law, also a natural person with limited legal capacity, requiring the consent of their legal representative. It also refers to a legal person or an organizational unit without legal personality, to whom the law grants legal capacity, placing an order in the Store.
2) CIVIL CODE – the Act of April 23, 1964, the Civil Code (Journal of Laws of 1964, item 15, No. 93).
3) CONSUMER - A Customer who is a natural person, performing a legal act not directly related to their business or professional activity.
4) PAYMENT – a payment to the Seller's account through the available payment methods in the store.
5) CONSUMER LAW - the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287, as amended), hereinafter referred to as the Consumer Rights Act.
6) PRIVACY POLICY AND COOKIE POLICY – a document regulating the rules for the protection and processing of personal data of Store users placed on the subpage of the service: [link to privacy policy].
7) PRODUCT – any product available in the Store.
8) ENTREPRENEUR UNDER CONSUMER RIGHTS – An entrepreneur placing an order for products related to their economic activity, but not having a professional character for the entrepreneur, in accordance with art. 38a of the Consumer Rights Act, as well as art. 385[5], art. 556[4], art. 556[5] of the Civil Code.
9) ENTREPRENEUR - a natural person, legal person, or organizational unit not having legal personality, which the law grants legal capacity, conducting business or professional activity on its own behalf, using the Store.
10) REGULATIONS – these regulations.
11) GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
12) SELLER – xbest.pl Sp. z o.o. with its registered office in Warsaw (00-807), Al. Jerozolimskie 96, NIP: 642-318-10-41, e-mail: [email protected].
13) SALE AGREEMENT – a contract for the sale of a Product concluded or concluded at a distance between the Customer and the Seller through the online store.
14) DISTANCE CONTRACT – a contract concluded between the Seller and the Consumer within the framework of an organized system of concluding contracts at a distance, without the simultaneous physical presence of the parties, exclusively using one or more means of communication at a distance until the conclusion of the contract.
15) ORDER – a declaration of will by the Customer made through the online store aiming to conclude a sales contract, specifying in particular the type and quantity of traditional or electronic products, the method and cost of delivery, the form of payment, and the necessary data of the Customer to fulfill the contract.


III. TECHNICAL REQUIREMENTS


To use the Store, there is no need to meet specific technical requirements. It is sufficient to have:
a) internet access using a computer or other electronic device,
b) a standard operating system,
c) a standard web browser that supports cookies,
d) an active email address.


IV. PLACING AND EXECUTING ORDERS


1. To make a purchase, the customer should follow the steps as indicated on the store's website. The customer should click the "Add to cart" button. Then, the customer can continue shopping or finalize the purchase of the selected product by clicking the "Place order" button.
2. To finalize the order, the customer, by pressing the "Proceed to payment" button, will be redirected to the store's subpage where they will be required to log in and provide personal information, delivery and payment methods by completing a dedicated form.
3. In the order form, the customer must provide:
   a) first and last name
   b) company name (optional)
   c) company's tax identification number (NIP) (optional)
   d) street, building number, possibly apartment number, postal code, and city
   e) email address
   f) any additional comments regarding the order.
4. Before finalizing the order, the customer should accept the previously read terms and conditions by checking the checkbox labeled "I have read and accept the terms and conditions and privacy policy." This acceptance is necessary to complete the order.
5. Subsequently, by clicking the "Buy and pay" button, the customer is aware that entering into the agreement is associated with the obligation to make the required payment.
6. The customer then makes the payment.
7. The completion of the purchase is confirmed by an email sent to the email address provided by the customer during the order placement. The email includes at least a statement about receiving the order, accepting it for processing, and confirming the conclusion of the contract.
8. The condition for order fulfillment is providing a telephone number that allows our employee to verify the reliability of the placed order. After receiving the order, the seller will confirm it by phone or email. The store may refuse to fulfill an order whose reliability could not be confirmed.
9. The moment of telephonic or email confirmation of the order placement by the seller is also an opportunity to potentially correct incorrectly provided personal data or an incorrectly placed order. Making changes to the order later may be difficult, as the order is sent for processing upon confirmation by the seller, and the product may already be on its way to the customer. Nevertheless, the store's customer service will make every effort to allow changes to be made at any time, even after the conclusion of the sales contract, enabling the customer to modify delivery details and the content of the order, along with canceling the purchase (withdrawal from the contract) until the shipment is dispatched.
10. The final price of the product, as well as other elements of the offer such as the contents of the set, delivery cost, and any other conditions, will be confirmed by the store's customer service when the order is accepted for processing.
11. The sales agreement is considered concluded at the moment of telephonic or email confirmation as described in point 8 of section IV of the regulations. The agreement is concluded in Polish, in accordance with the content of the regulations.
12. The content of the agreement will be made available, secured, and provided to the customer by making the regulations available on the store's website in a way that allows for its recording, as well as by sending an email after placing the order, confirming its receipt and acceptance for processing. The content of the agreement is also secured and stored in the store's IT system.
13. In justified cases, the store reserves the right to refuse order fulfillment, limit payment methods, or request a prepayment. The order fulfillment time consists of the period until the product is dispatched and the time needed to deliver the finished shipment to the customer. It depends on the selected method of product delivery and ranges from 1 to 10 business days. It is equal to the total order fulfillment period if the ordered products are available immediately in our warehouse or distributor's warehouses.
14. The store agrees to orders placed by telephone, email, or fax. However, it should be noted that the moment of concluding the sales contract is the moment of personal confirmation of order acceptance for processing by the store's customer service (by phone or email).
15. In the case of placing an order by phone, the moment of concluding the sales contract is the moment when the order is accepted for processing by the store's customer service. It is assumed that the seller accepted the order for processing immediately at the time of placing the order by phone unless the store's customer service reserved the need for later confirmation of order acceptance for processing.
16. The store team makes every effort to ensure that the descriptions and technical data of products placed in the store are consistent with reality. However, we do not take responsibility for incorrectly provided parameters and properties of the goods or their sudden change by the manufacturer.


V. PRICES AND PAYMENT METHODS


1. The prices of products in the store are given in Polish Złoty and are presented as net prices and gross prices, including tax.
2. In each case of informing about a reduction in the product price in the store, the lowest last price of the product available on the store's website in the last 30 days before applying the price reduction is displayed.
3. The Buyer, when purchasing a product, is obliged to pay the final price, which is the sum of the product purchase price plus the cost of shipping.
4. Available methods of delivery for physical products are described on the store's website. The Buyer can familiarize themselves with them in detail when placing an order. The cost of delivery is borne by the Buyer.
5. In the store, there is an option to pay for ordered products by electronic transfer directly to the store's account.
6. An invoice (either personalized or addressed to a business entity, if the relevant data has been provided) is issued for each order and is included in the shipment.
7. In cases provided for by tax law, XBEST.PL sp. z o.o. issues a structured invoice using the National e-Invoice System (KSeF), along with the invoice identification number assigned in that system. The user is required to download the invoice from KSeF independently, and the date of the invoice’s availability is deemed to be the date on which the identification number for that invoice was assigned in KSeF. At the same time, XBEST.PL sp. z o.o. sends an email in a standard template format each time, including a visual representation of the invoice in the attachment. In the event of a KSeF system failure justifying the issuance of an invoice outside of this system, the invoice is issued and made available in electronic form..


VI. DELIVERY OF PRODUCTS


1. In the case of product pre-orders, the delivery date will be provided each time in the product description.
2. The estimated order fulfillment time for various shipping methods is specified on the "Shipping" subpage.
3. Postal delivery (priority mail) is carried out within 1 to 2 business days from the dispatch of the goods, and the courier delivery reaches the recipient on the second business day after dispatch.
4. In the event of a temporary lack of the ordered product in stock, this time may be extended. The customer is informed by email or phone immediately after placing the order. The conditions for fulfilling non-standard orders are individually negotiated with the customer.
5. An order for products is considered fulfilled at the time of product shipment.
6. Detailed costs for each shipping method are provided on the "Shipping" subpage, as well as in the automatically generated electronic order summary and may be subject to change.
7. The choice of the shipping method is the Buyer's decision, but consideration should be given to the connection between the available shipping methods and the dimensions of the ordered goods. In the absence of the Buyer's choice of the shipping method, incorrect selection, or an impossible option, the Store's service selects the most advantageous delivery option for the Buyer.
8. Sales are made within the territory of Poland. The fulfillment of orders with contractors whose registered office and/or delivery address is outside the territory of Poland is individually determined each time.


VII. PRE-ORDER OF PRODUCTS


1. The Seller reserves the right to conduct pre-orders for products.
2. Pre-order allows placing an order for a product at a special price before its official release.
3. The availability date of products subject to pre-order is specified in the product description.


VIII. CUSTOMER'S RIGHT TO WITHDRAW FROM THE AGREEMENT


1. The customer who has concluded a distance contract with the seller may withdraw from the contract without giving any reason within 30 days of receiving the purchased items.
2. As of January 1, 2021, the right to withdraw from the contract is also available to a natural person entering into a contract with the seller related to their economic activity, when it results from the contract that it does not have a professional character for that person, as indicated by the PKD (Polish Classification of Activities) disclosed in the Central Register and Information on Economic Activity.
3. To exercise the right to withdraw from the contract, the customer must inform the seller of their decision to withdraw by sending a statement to the seller in any form, e.g., by email, before the withdrawal period expires.
4. The withdrawal period begins from the day the product is taken into possession by the consumer or a third party other than the carrier indicated by them. In the case of a contract that covers multiple items delivered separately, in batches, or in parts, the period begins from the possession of the last item, batch, or part.
5. The customer may use the withdrawal form template below, but it is not mandatory.
6. The consumer can use the form below as well as the form whose template is Annex 2 to the Consumer Rights Act, but it is not mandatory.
7. The seller will immediately confirm to the consumer by email (provided when the contract is concluded and another if given in the submitted statement) the receipt of the declaration of withdrawal from the contract.
8. The consumer is obliged to return the product or hand it over to a person authorized by the seller to collect it immediately, but no later than 14 days from the day they withdrew from the contract, unless the seller offered to pick up the product themselves. Sending the product before the deadline is sufficient to meet the deadline.
9. The consumer bears the direct cost of returning the goods, meaning they return at their own expense and risk the products that are the subject of the contract from which they withdrew.
10. The consumer is responsible for any diminished value of the goods resulting from using it in a way that goes beyond the necessary characteristics, features, and functioning of the goods.
11. The seller will immediately, no later than 14 days from the day of receiving the customer's declaration of withdrawal from the contract, return to the customer all payments made by them, including the cost of delivering the product. If the consumer chose a delivery method other than the cheapest standard delivery offered by the store, the seller is not obliged to refund the consumer for additional costs incurred by them, in accordance with the provisions of Article 33 of the Consumer Rights Act.
12. If the seller did not offer to pick up the product from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the product back or until the consumer provides proof of its return, depending on which event occurs first.
13. The seller will refund the payment using the same method of payment that the customer used unless the customer wants a refund in a different way that does not involve any costs for them.
14. The product returned in connection with withdrawal from the contract must be complete, must not show signs of use exceeding normal management of the item. The returned traditional product must include the original sales document and a completed and signed product return form.
15. If the delivered goods are incomplete or show signs of use exceeding normal management of the item, the seller reserves the right to refuse to accept the shipment or to reduce the refunded amount by the equivalent of the damaged goods.
16. In the case of withdrawal from the contract, all payments made by the buyer, including delivery costs, will be transferred to the buyer's bank account immediately, but no later than within 14 days from the day the seller receives the buyer's declaration of withdrawal from the contract.


IX. PRODUCT COMPLIANCE WITH THE CONTRACT and HANDLING COMPLAINTS


1. The seller is responsible towards the Consumer for the conformity of the Product with the Agreement based on the principles derived from Consumer Law, while towards Entrepreneurs for defects in the Product based on the principles derived from the Civil Code and other applicable legal provisions, as well as according to this Regulation.
2. The Product is considered compliant with the agreement if, in particular, its:
   a) description, type, quantity, quality, completeness, and functionality, and in the case of goods with digital elements - also compatibility, interoperability, and the availability of updates, remain in accordance with the agreement;
   b) suitability for a specific purpose for which the consumer needs it, of which the consumer notified the entrepreneur no later than at the time of concluding the agreement, and which the entrepreneur accepted.
3. The Product is considered compliant with the agreement if:
   a) it is suitable for the purposes for which goods of this kind are usually used, taking into account the applicable legal provisions, technical standards, or good practices;
   b) it has the quantity and features, including durability and safety, and in the case of goods with digital elements - also functionality and compatibility, which are typical for goods of this kind and which the Consumer can reasonably expect, considering the nature of the goods and public assurances made by the Seller, its legal predecessors, or persons acting on their behalf, especially in advertising or on the label, unless the Seller proves that:
      - they were not aware of a specific public assurance and, reasonably assessing, could not have known about it,
      - before concluding the agreement, the public assurance was corrected in compliance with the conditions and form in which the public assurance was made, or in a comparable manner,
      - the public assurance did not affect the Consumer's decision to conclude the agreement;
   c) it is delivered with packaging, accessories, and instructions, the provision of which the Consumer can reasonably expect;
4. The Seller is not liable for non-compliance of the goods with the agreement in the scope specified in para. 2 or 3 if the Consumer, no later than at the time of concluding the agreement, was clearly informed that a specific feature of the goods deviates from the requirements of conformity with the agreement specified in para. 2 or 3, and they clearly and separately accepted the lack of a specific feature of the goods.
5. The Seller is liable for the lack of conformity of the Product with the Agreement existing at the time of its delivery and revealed within two years from that moment, unless the expiry date of the Product's usability, determined by the Seller, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Product with the Agreement, which manifested itself before the expiration of two years from the delivery of the Product, existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the nature of the Product or the nature of the lack of conformity of the Product with the Agreement.
6. The Seller cannot invoke the expiration of the period for determining the lack of conformity of the Product with the Agreement if this lack was deliberately concealed.
7. If the Product is not in conformity with the Agreement, the Consumer may demand its repair or replacement.
8. The Seller may replace the Product when the Consumer requests repair, or the Seller may repair it when the Consumer requests a replacement if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Product into conformity with the Agreement.
9. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Product with the Agreement, the value of the Product in accordance with the Agreement, and the excessive inconvenience to the Consumer resulting from the change in the way the Product is brought into conformity with the Agreement.
10. The Seller carries out repairs or replacement within a reasonable time from the moment the Seller was informed by the Consumer about the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer acquired it. The costs of repair or replacement, including, in particular, postage, transport, labor, and materials, are borne by the Seller.
11. The Consumer makes the Product subject to repair or replacement available to the Seller. The Seller receives the Product from the Consumer at its expense.
12. If the Product has been installed before the lack of conformity with the Agreement is revealed, the Seller dismantles the Product and installs it again after repair or replacement or commissions these activities at its expense.
13. The Consumer is not obliged to pay for the ordinary use of the Product, which is then replaced.
14. If the Product is not in conformity with the Agreement, the Consumer may submit a declaration of a price reduction or withdrawal from the Agreement when:
   a) the Seller refused to bring the Product into conformity with the Agreement in accordance with Article 43d(2) of the Consumer Rights Act;
   b) the Seller did not bring the Product into conformity with the Agreement in accordance with Article 43d(4-6) of the Consumer Rights Act;
   c) the lack of conformity of the Product with the Agreement still exists, although the Seller tried to bring the Product into conformity with the Agreement;
   d) the lack of conformity of the Product with the Agreement is so significant that it justifies a reduction in the price or withdrawal from the Agreement without prior use of the means of protection specified in Article 43d of the Consumer Rights Act;
   e) it results from the Seller's statement or circumstances that clearly indicate that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience for the Consumer.
15. The reduced price must remain in such proportion to the price resulting from the Agreement in which the value of the non-compliant Product remains to the value of the compliant Product.
16. The Seller refunds the amounts due to the Consumer as a result of using the right to reduce the price immediately, no later than within 14 days from the date of receiving the Consumer's statement of reducing the price.
17. The Consumer cannot withdraw from the Agreement if the lack of conformity of the Product with the Agreement is insignificant. It is presumed that the lack of conformity of the Product with the Agreement is significant.
18. In the event of withdrawal from the Agreement, the Consumer immediately returns the Product to the Seller at its expense. The Seller refunds the price to the Consumer immediately, no later than within 14 days from the date of receiving the Product or proof of its return.
19. The Seller refunds the price using the same payment method that the Consumer used, unless the Consumer has explicitly agreed to a different method of refund that does not involve any costs for them.
20. The Consumer may refrain from paying the price until the Seller fulfills the obligations arising from Article 43d and Article 43e of the Consumer Rights Act.
21. In the event of non-compliance of the Product with the Agreement, the Consumer may submit a complaint, for example, in writing, to the Complaints Address, with the note "Complaint." If the complaint concerns the Product, it is usually advisable to deliver it to the Seller together with


X. OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND ENFORCEMENT OF CONSUMER CLAIMS


1. In the event of the seller not addressing a complaint, the consumer may use out-of-court methods for complaint resolution and claims enforcement, especially by:
   a) contacting the relevant Provincial Inspector of Trade Inspection to initiate a mediation procedure;
   b) turning to the Permanent Consumer Arbitration Court operating at the Provincial Inspectorate of Trade Inspection with a request to settle a dispute arising from the sales agreement;
   c) obtaining free legal assistance from the District Consumer Ombudsman or a social organization whose statutory tasks include consumer protection;
   d) using the online platform for alternative dispute resolution between consumers and businesses available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
2. Detailed information about out-of-court dispute resolution methods, complaint resolution, and access to procedures can be found on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php


XI. PERSONAL DATA PROTECTION AND ADMINISTRATION OF PERSONAL DATA, AS WELL AS COOKIES


1. The data controller, as defined in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, concerning the personal data of customers, is Xbest.pl sp. z o.o. with its registered office in Warsaw (00-807), Al. Jerozolimskie 96, Tax Identification Number (NIP): 642-318-10-41, email: [email protected].
2. Providing data by the customer is voluntary but necessary to conclude and perform the contract, as well as to take actions at the customer's request, such as providing electronic services or handling complaints.
3. The Seller employs technical and organizational measures to ensure the protection of personal data.
4. Detailed information regarding the processing of personal data, applicable principles, and the use of cookies can be found in the Privacy Policy available on the store's website.


XII. FINAL PROVISIONS


1. This regulation constitutes an integral part of the concluded agreement executed based on the provisions of Polish law.
2. Matters not regulated in this regulation are subject to the provisions of the Civil Code, the Act on the Provision of Electronic Services, and other applicable legal regulations.
3. The Seller reserves the right to make changes to this regulation, for example, due to changes in legal provisions or changes in payment and delivery methods. For agreements concluded before the regulation change, the version of the regulation valid on the date of concluding the agreement shall apply.
4. This regulation comes into effect on January 1, 2023.

ATTACHMENT No. 1 – TEMPLATE OF WITHDRAWAL FORM

ATTACHMENT No. 2 – TEMPLATE OF WITHDRAWAL FORM


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