Sales Regulations

I. GENERAL PROVISIONS

1. REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES (SHOP REGULATIONS BASTIONSMAKU.COM)

These regulations for the provision of electronic services have been prepared on the basis of art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) and constitutes an integral part of the contract of sale of goods offered by the Store. The Regulations are available free of charge through the Store, the above provides the opportunity to read its contents before concluding the contract.

The bastionsmaku.com online store, operating at https://www.bastionsmaku.com, is run by Bastion Smaku Limited Liability Company with its registered office in Ruś 2, 10-687 Olsztyn, entered into the Register of Entrepreneurs kept by the District Court in Olsztyn, VIII Commercial Department of the National Court Register under the KRS number: 0000632922, NIP 739-388-80-02, REGON 365190510.

Contact with the Store is possible via:

a) email: shop@bastionsmaku.com;

b) by phone +48 601428149

c) in writing: “Bastion Smaku Sp. z o.o. – bastionsmaku.com online store”, to the address: Ruś 2, 10-687 Olsztyn, Poland.

The store makes the utmost effort so that the terms and conditions of sale through the website www.bastionsmaku.com shape the rights and obligations of the consumer in a manner consistent with decency and taking into account his interests.

GLOSSARY

Shop – run by Bastion Smaku Sp. z o.o. online store operating at: https://www.bastionsmaku.com (hereinafter collectively as the “bastionsmaku.com website”), through which the company Bastion Smaku Sp. z o.o. sells products and provides services via the Internet;

Working days – all days of the week from Monday to Friday, excluding public holidays;

Order processing time – the time during which the Store will complete the order and forward it to the carrier performing the delivery;

Client – a natural person with full or limited legal capacity, a legal person or an organizational unit without legal personality, to whom the law grants legal capacity, making purchases in the Store and having a Customer Account, hereinafter also referred to as “Bastion Smaku Club Member””.

Bastion Smaku Club – an informal association of all customers who have an account in the Store bastionsmaku.com

Consumer – a Customer who is a natural person within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws 2019.0.1145) and Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain aspects legal information society services, in particular electronic commerce in the internal market – (Directive on electronic commerce), i.e. a natural person making a legal transaction with an entrepreneur not directly related to his business or professional activity;

Consultant – a person servicing the Customer in the Customer Service Office (BOK), communicating with the Customer by phone, email or in writing;

Customer Account (My Account) – a database containing customer data used, among others, for the execution of placed orders, order history, customer preferences regarding selected Store functionalities, payment details;

Welcome Package – tasting samples of Bastion Smaku products with a total weight of 2 kg. The welcome package includes samples of dried, smoked cured meats, sausages, smoked meats and specialties, prepared only at the Customer’s request).

Traditional transfer – payment made by the customer at the bank via an online or fixed account or at the post office. Payment made before the order is processed (prepayment);

Electronic transfer – payment made by the customer from an online bank account, via online payment systems. Payment made before the order is processed (prepayment);

Payment by credit card – payment made by the customer using a credit card via online payment systems. Payment made before the order is processed (prepayment);

Content – all content posted by the Customer in bastionsmaku.com in accordance with the available functionalities, including in particular photos, descriptions of products in the Store’s assortment;

PDF – a recording format that can be read after downloading to any electronic device equipped with a PDF reader;

DRM (Digital Rights Management) – digital rights management. Security system to prevent the illegal use of the data against the right holder;

Civil Code – Act of 23 April 1964 (Journal of Laws of 2014, item 121 as amended);

Consumer Rights Act – Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827);

Act on the provision of electronic services – the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2013, item 1422, as amended);

Regulations – these regulations for the provision of electronic services (Store regulations).

Order – Customer’s declaration of intent covering the offer to conclude a Sales Agreement with the Store, specifying in particular the type and number of products and / or services;

Sales contract or Contract – a contract of sale of products within the meaning of the Civil Code concluded between the Store and the Customer using the functionality of the Store, in accordance with the provisions of these Regulations.

II. ORDERS AND COMPLETION OF ORDERS

1. The Store sells products via the Internet. The store publishes product information on bastionsmaku.com. The offer is subject to ongoing update.

2. Orders from customers are accepted via the bastionsmaku.com website, 7 days a week and 24 hours a day.

3. To make purchases in the Store, you must have an active e-mail account.

4. The Store – as part of bastionsmaku.com – does not sell wholesale. The store is entitled to enter the maximum number of pieces of a specific product or product category covered by one order.

5. Registration of the Customer Account, as well as the use of the functionality of the bastionsmaku.com website is free.

6. In order to delete a Customer Account, the Store should be informed in writing or via e-mail about the will to delete it.

7. Products information constitutes an invitation to conclude a Contract within the meaning of Art. 71 of the Civil Code. The Customer, by sending an order to the Store, makes an offer to conclude a Contract of Sale of ordered products with the Store, which binds the Customer for a period of 30 (thirty) days from the date of its submission. Each payment made by the Customer constitutes – until the Store sends confirmation of acceptance of the order – an advance payment for the order.

8. As a result of the order placed by the Customer, the Store immediately, but no later than within 7 days of receiving the Order, sends to the Customer the specification of the order placed to the e-mail address provided by the Customer. The specification referred to in the previous sentence does not constitute confirmation of the acceptance of the order for implementation (the Sales Agreement is not concluded). Within 7 (seven) days from the date of receipt of the Order, the Store will send to the email address provided by the Customer:

a) confirmation of the order being accepted – if the order can be processed. Sending by the Store the confirmation indicated in the previous sentence is tantamount to submitting by the Store a declaration of acceptance of the Customer’s offer referred to above. At this time, the Sales Agreement is considered concluded;

b) confirmation of the order being canceled – if the order cannot be completed.

9. Concluding the Sale Agreement with the Store and accepting the provisions of the Regulations, the Customer agrees to the issue and disclosure of a sales document (receipt / invoice) by the Store in electronic form, in accordance with art. 106n paragraph 1 of the Act of 11 March 2004 on tax on goods and services (Journal of Laws of 2004 No. 54 item 535 as amended).

10. The consent to make invoices available in electronic form is tantamount to resignation from receiving invoices in paper form. However, the Customer’s consent to issue and send invoices in electronic form does not exclude the Store’s right to issue and send invoices in paper form. In the event of the Customer’s objection expressed in writing or via e-mail, the Store will provide the Customer with an invoice in paper version, separately providing the address to which the invoice is to be issued.

11. The store will issue a sales document (receipt / invoice) at the time of sending the order from the manufacturing plant. The store issues and provides invoices in electronic form in a way that guarantees the authenticity of their origin and the integrity of their content. Each invoice in electronic form will be made available to the Customer via e-mail to the e-mail address provided by the Customer when placing the order.

12. If it is not possible to complete all or part of the order after the conclusion of the Sales Agreement, the Store shall immediately notify the Customer of this fact. The notification will be sent to the e-mail address provided by the Customer in the order form.

13. If it is not possible to carry out part of the order referred to in paragraph 11 above, the Customer is informed about the status of the order and decides how to implement it. The store is waiting for the customer’s decision 24 hours from the moment of sending an e-mail requesting a decision. In the absence of a decision by the Customer, the Store will cancel the unavailable order from the order and send the product or products that are reserved for him.

14. If it is not possible to process the order, the Store will cancel it and the Customer will receive information in accordance with paragraph 11 above.

15. In the event that the order has been paid for by the customer and it has been canceled in whole or in part, the Store will refund the amount of the products canceled or if the entire order is canceled, in the amount of the entire order, in accordance with the rules described in Chapter VIII. Customer refund.

16. In the absence of payment for the product covered by the order within 3 days from the date of receipt by the customer of the specification of the order, as referred to in paragraph.

7 above, the Store cancels the order placed, about which the Customer will be informed by sending a message to the e-mail address provided by the Customer.

17. The email address provided by the Customer when placing the order or during the registration of the Customer Account will be used by the Store for the purposes of communication with the Customer regarding the implementation of Orders and services provided electronically via bastionsmaku.com.

18. Sklep The Store reserves the right to refuse an order if:

a) there are difficulties in contact with the Customer (member of Bastion Smaku Club);

b) there are arrears in payments between the Customer and the Store;

c) the customer has been removed from the Bastion of Taste Club;

d) The Customer does not comply with the rules of these Regulations.

III. CHANGES IN ORDERS

1. The Customer may make changes to the order, provided that such change is confirmed in the Customer Service Office or may cancel it until the order is ready for shipment.

2. Modifications regarding: Customer address, delivery address and containing refund orders will be accepted only via the contact form, after logging into the Customer Account (My Account).

IV. PRODUCTS PRICES

1. All product prices posted on the bastionsmaku.com:

a) aare given in Euro;

b) they include VAT;

c) they do not include costs related to possible customs duties;

d) they do not include delivery costs;

e) they relate to one piece of the product.

2. The Store reserves the right to carry out promotional campaigns, sales and changes in accordance with the regulations in force in this respect, as well as to change the price of products. The above permission does not affect the prices of products in orders placed before the date of entry into force of the price change, conditions of promotional campaigns or sales.

3. Promotions in the Store cannot be combined, unless the regulations of the promotion provide otherwise.

V. ORDER PROCESSING TIME

1. The order fulfillment time is the time that elapses from the acceptance of the order for execution until the order is transferred from the Store to the carrier performing the delivery – only Business Days are included. The order is sent after producing all available order products. The deadline to complete the WELCOME PACKAGE is 14 days.

2. Checking the condition of the shipment and determining the nature of the violation or destruction of the packaging made in the presence of the courier, including the preparation of a damage report, will help the Store consider complaints.

VI. FORMS OF PAYMENT, FORMS OF DELIVERY AND STARTING ORDERS

1. The form of payment for ordered products with delivery within the EU is advance payment (prepayment) in one of the payment systems accepted by the Store – the execution of the order begins after the Store receives confirmation of the correct execution of the operation from the operators payments, in the case of a bank transfer – after receipt of payment to the Store’s bank account.

2. The delivery of goods is carried out in a manner chosen by the Customer and specified in the order.

3. Information on delivery costs, payment methods and approximate delivery date is available on the website https://bastionsmaku.com/

4. Electronic transfer and Card Payments are made on behalf of the Przelewy24.pl Store (PayPro SA, Poland, 60-327 Poznań, ul. Kanclerska 15). The recipient’s details, title and amount of the payment are provided to Przelewy24.pl by the Store to make the payment. Przelewy24.pl does not charge a service fee from the customer. The administrator of the Customer’s personal data necessary for the payment is Przelewy24.pl PayPro SA 60-327 Poznań, ul. Kanclerska 15 Poland. The Customer’s personal data will be processed in order to complete the payment transaction. Przelewy24.pl will notify the Customer of the status of the payment, the complaint being considered, as well as to comply with legal obligations incumbent on Przelewy24.pl. The Customer choosing Electronic Payment or Card Payment acknowledges and accepts the above provisions, allowing the Store to order payment via Przelewt24.pl.

VII. COMPLAINTS

1. The store is obliged to release the product without defects.

2. In the event of a product defect and the Consumer exercising the rights arising from the warranty, the Consumer shall in particular have the right to lodge a complaint within 30 (thirty) days from the date of delivery of the product.

Under the terms of the Civil Code, the Consumer may request:

a) exchange the product for one free of defects,

b) lowering the price of the product,

c) or may withdraw from the sale contract.

3. In the event of product defects, the Customer should immediately notify the Customer Service Office of this fact.

4. The Store shall immediately, but no later than within 14 days from the date of receipt of information about the advertised product, respond to the complaint and inform the Customer about further proceedings.

VIII. RIGHT TO WITHDRAW FROM AN AGREEMENT

1. Pursuant to the Act on consumer rights, the Customer being a Consumer may withdraw from the contract without giving a reason within 14 (fourteen) days from the date of receipt of the parcel.

2. The consumer may withdraw from the contract by submitting a statement of withdrawal from the contract. The statement may be submitted in an electronic version (mail) to the address: shop@bastionsmaku.com.

3. The Consumer’s right to withdraw from the contract shall not apply in the case of:

a) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;

b) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

4. The Store refunds the returned product within 14 (fourteen) days from the date of receipt from the Consumer a statement of withdrawal from the contract, in accordance with the rules described in point VII of the Regulations.

IX. RETURN OF RECEIVABLES

1. In the event of circumstances obliging the Store to return the amounts paid by the Customer to the Store, this refund shall take place within the following periods:

a) in the case of a complaint within 14 days from the day it is accepted by the Store;

b) in the event of withdrawal of the Consumer from the contract within the period specified in the chapter VII point 4 of the Regulations;

c) if the order is canceled within 14 days of its cancellation.

2. The payment will be returned using the same payment method that the Consumer used to make the payment for the order.

3. The Store is not responsible for failure to refund or delay receivables, if this was due to the Customer’s providing incorrect personal data (name, surname, address) or incorrect account number.

4. If a corrective invoice is issued, the invoice will be issued by the Store at the time of the refund to the customer’s account. The invoice will be sent to the Customer by e-mail to the e-mail address provided when placing the order.

X. PERSONAL DATA

1. When using the Store (consisting of registering an account, placing orders), the Customer provides his personal data. Providing personal data by the Customer is voluntary, however, necessary for making purchases and using those services provided by the Store that require providing personal data.

2. The administrator of personal data referred to in point 1 is Bastion Smaku sp.z o.o. with its registered office in Poland at Ruś 2 (10-687 Olsztyn), entered into the Register of Entrepreneurs kept by the District Court in Olsztyn, VIII Commercial Department of the National Court Register under the number KRS: 0000632922, NIP 739-388-80-02, REGON 365190510

3. In matters related to personal data, you can contact us in writing, by traditional mail, writing to the address: Ruś 2 (10-687 Olsztyn, Poland) or by e-mail to the address: rodo@bastionsmaku.pl.

4. The administrator has appointed a Personal Data Protection Inspector who can be contacted in writing, by traditional mail, writing to: Ruś 2 (10-687 Olsztyn) or by e-mail to: rodo@bastionsmaku.pl. The inspector will help in all matters related to the protection of personal data, in particular, answer questions regarding the processing of your personal data.

5. By providing data, the Customer declares that the personal data provided by him are his data.

6. Detailed information on the scope of personal data obtained, the purpose as well as the way they are processed and the rights of the Customer are available in the privacy policy.

XI. NEWSLETTER

1. If the Customer gives additional consent, his personal data will be processed by the Store in order to send the Newsletter containing commercial information about new dates of production, promotions and services available in the Store.

2. The newsletter will be sent to:

a) email address or/and

b) telephone number provided by the Customer during the registration process in the Store.

3. The Customer may at any time unsubscribe from receiving the Newsletter by himself, by clicking the appropriate “Unsubscribe” field attached to the newsletter message or through the Customer Service Office.

XII. FINAL PROVISIONS

1. The sales contract is concluded between the Customer and Bastion Smaku Sp. z o.o.

2. The Store is not responsible for the blocking by mail server administrators of sending messages to the e-mail address provided by the Customer and for removing and blocking e-mail messages by software installed on the computer used by the customer.

3. The Store shall not be liable for errors in handling the order or other instructions of the Customer, resulting from the Customer providing incorrect data.

4. The Store uses cookies to observe the ways of using the bastionsmaku.com website. The types of cookies used by the Store are:

a) Session cookies – they work only when browsing bastionsmaku.com, thus enabling their proper functioning;

b) Persistent cookies – they remain on your computer after visiting bastionsmaku.com;

c) Third party cookies – they allow you to customize the displayed page to customer preferences;

d) creating statistics of website subpage viewing bastionsmaku.com.

5. The customer has the option of using the bastionsmaku.com website without using cookies, but it may mean that some of the Store’s functions or services will not work properly. If the Customer does not agree to the use of cookies, he should, at any time, select in the browser settings the option of rejecting cookies or signaling their sending.

6. Any disputes between the Customer and the Store will be subject to the settlement of a court having jurisdiction pursuant to the Act of November 17, 1964, Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).

7. The customer has the option of using out-of-court alternative dispute resolution (so-called ADR) to request mediation or dispute resolution to the Permanent Consumer Arbitration Court. The customer may submit an application to the competent Provincial Inspectorate of Trade Inspection. Detailed information, contact details and a list of consumer courts of arbitration can be found on the Office of Competition and Consumer Protection website. The customer may submit his complaint, e.g. via the EU ODR (online dispute resolution) online platform, available at: http://ec.europa.eu/consumers/odr/

8. In matters not covered in the Regulations, the provisions of Polish law shall apply, in particular the Civil Code, the Act on consumer rights and the Act on the provision of electronic services.

9. The Regulations have been in force since February 1, 2020.

10. Changes to these Regulations may occur for important reasons, which include:

a) changing the technical conditions for the provision of electronic services by the Store, including the introduction of new services, expansion or change in functionality of bastionsmaku.com;

b) changing the terms or the process of concluding a sales contract or contract for the provision of electronic services by the Store;

c) improving customer service, including the prevention of fraud;

d) changing the Store’s data, in particular names, identification numbers, electronic addresses or links posted or contact details indicated in these Regulations;

e) the need to remove any errors, typographical errors or ambiguities from the content of these Regulations;

f) the need to adapt the provisions of these Regulations to the law having a direct impact on the provision of services and sales by the Store.

The Store will post information about the change of the Regulations directly in bastionsmaku.com and inform the Customers directly about its change by sending a message to the Customer’s email address or by posting information directly in the Customer Account panel.

The amendment to these Regulations becomes effective on the date indicated by the Store, which may not be less than 7 days from the moment its content is made available, in accordance with the provisions of this point. The amended Regulations are binding for the Customer who has an Account, unless he terminates the contract for the provision of services before the date of entry into force of the amended Regulations (in accordance with the procedure for deleting the Customer Account).

Orders placed before the date of entry into force of amendments to the Regulations are implemented on the basis of the provisions in force on the date of the order.

11. We invite you to use the website: www. bastionsmaku.com/faq, where we presented answers to frequently asked questions by clients.