General Terms and Conditions of the Promotion: “Original Berg's Logo Cap”

1. ORGANISER AND DEFINITIONS

1. These Terms and Conditions define the rules under which the promotion titled ‘Original Berg's Logo cap’ (hereinafter referred to as the ‘Promotion’), administrated by KENT Spólka z ograniczona odpowiedzialnoscia, with the register seat in Gdynia, Poland (hereinafter referred to as the ‘Administrator’) is held via the website www.bergs.co.
2. The Promotion shall take place only in accordance with the rules set out in these Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions’), which will be available online at the website www.bergs.co.
3. The Administrator of the Promotion shall be KENT Spólka z ograniczona odpowiedzialnoscia with its registered office in Gdynia at ul. Nowodworcowa 23, 81-581 Gdynia, entered into the Register of Entrepreneurs kept by the District Court for the 8th Business Division of the National Court Register under KRS number 0000249763, NIP: 5862163843, REGON: 220178176, share capital of PLN 50,000.00, paid in full in cash, email address: service@bergs.co.
4. Unless otherwise stated in the Terms and Conditions, the following phrases shall have the following meanings:
   1. Terms and Conditions - means these terms and conditions of the Promotion;
   2. Administrator - means the organiser of the Promotion;
   3. Online Shop - the online shop operating at https://bergs.co, owned by the Administrator;
   4. Website T&C - means the regulations of sale and provision of services by electronic means of the Online Shop;
   5. Promotion Item - a navy blue cotton cap with a visor and a metal clasp with a capital letter ‘B’;
   6. Promotional Code - a code received by a person who has subscribed to the free Newsletter service as described in the Website T&C; the Promotional Code is valid for 30 days from its receipt;
   7. Promotion Participant (Participant) - means a person who has fulfilled or aims to fulfil the conditions of the Promotion as described in these Terms and Conditions.

2. TERMS

1. Under the Promotion, upon fulfilment of the terms and conditions of the Promotion, the Promotion Participant shall receive an Item of the Promotion from the Administrator for free, which shall be delivered with the order, to the address specified in the order.
2. The Promotion shall be valid until stocks are exhausted or until the Administrator decides to terminate the Promotion.
3. A Customer may become a Participant in the Promotion once.
4. If the Participant exercises their statutory right to withdraw from the sales agreement in accordance with separate regulations, entered as part of the performance of the conditions of participation in the Promotion, the Participant shall be obliged to return the Promotion Item at their own expense by delivering it to the Administrator intact. If the Participant fails to return the Promotion Item or when the conditions entitling the Participant to receive the Promotion Item have not been finally met, the Administrator may deduct the equivalent of the Promotion Item (item price) from the amount returned to the Participant.
5. The Participant may be any natural person with full legal capacity, who as a consumer within the meaning of Article 22[1] of the Civil Code makes a purchase through the Online Shop (a natural person making a legal act with an entrepreneur which is not directly related to their business or professional activity shall be deemed a consumer).
6. The Promotion is not territorially limited – all people and entities may participate in it. The Promotion shall be subject to Polish law and any shipping of the parcels outside Poland shall not include any possible customs duties or local taxes on the part of the recipient for which the Administrator shall not be responsible.

3. PARTICIPATION RULES

1. Participation in the Promotion shall be voluntary.
2. To participate in the Promotion, the Participant shall be obliged to fulfil all of the following conditions:
   1. subscribe to the Newsletter service (free of charge) in accordance with the process described in the Website T&C, while consenting to the processing of personal data for the purpose of the Newsletter;
   2. add to the shopping cart, in order to conclude the Sales Agreement, goods with a value no less than PLN 1,000.00 (in words: one thousand);
   3. provide a one-time Promotion Code when placing an order, received via the email address provided when signing up for the Newsletter, and accept the Promotion T&C and information about processing of personal data for the purposes of the Promotion;
   4. finalize the purchase of the goods by entering into a contract of sale of goods with a value of no less than PLN 1,000.00 (in words: one thousand) and make payment for the goods, according to the process described in the Website T&C.
3. This Promotion shall not combine with other promotional actions.
4. The Promotion Item and the Promotional Code cannot be exchanged for a cash equivalent or any other equivalent in kind.
5. The Promotional Code belongs exclusively to the person who is a Participant, who signed up for the free Newsletter and is not exchangeable or transferable to other persons or entities. The Administrator may refuse to allow a person to participate in the Promotion if it finds that the Promotional Code used to participate in the Promotion did not belong to the Participant.

4. COMPLAINTS

1. In all matters related to the Promotion, the Participant may submit a complaint to the physical address or email address of the Administrator.
2. It is recommended that the Customer provide in the description of the complaint:
   1. information and circumstances regarding the subject of the complaint;
   2. the Customer's expectations;
   3. the contact details of the complainant - this will make it easier and quicker for the Administrator to consider the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
3. The Administrator shall respond to the complaint within 14 days of receiving the complaint.

5. FINAL PROVISIONS

1. The Promotion is a premium sale and does not constitute a game of chance, lottery or betting within the meaning of gambling regulations - fulfilment of the terms and conditions of the Promotion shall guarantee receiving the Item of the Promotion. The Promotion shall not constitute an offer or public promise within the meaning of the Civil Code.
2. The provisions of the Promotion T&C shall apply to sales agreements entered into within the Promotion to the extent not regulated herein. The Participant in the Promotion, being a consumer making a purchase at a distance, shall have the right to withdraw from the sales agreement within 14 days from the receipt of the product, in accordance with the Consumer Rights Act. The Promotion does not limit any statutory rights of the consumer - in particular, the right to return the product (withdraw from the contract) remains in force.
3. The subject of the promotion is a free-of-charge marketing product and is not covered by a separate guarantee, which does not exclude the consumer's rights under the warranty for defects in the product received.
4. If a dispute arises under these Terms and Conditions, the parties will seek to resolve the matter amicably. The governing law for any disputes arising from these Terms and Conditions is Polish law.
5. The Administrator informs Participants who are Consumers about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or websites of entities authorized to handle disputes out of court. They may be consumer ombudsmen or Polish Voivodeship Inspectorate of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
6. The provisions of Polish law, as well as the provisions of the Website T&C, shall apply to matters not regulated by these Regulations.
7. The Terms and Conditions were published on the day the Promotion started.
8. All information related to the Promotion can be obtained by Customers by contacting the Administrator via the email address: service@bergs.co.

Appendix No. 1 to the General Terms and Conditions of the Promotion

The Administrator of the personal data of the Participants in the Promotion shall be KENT Spólka z ograniczona odpowiedzialnoscia with its registered office in Gdynia at ul. Nowodworcowa 23, 81-581 Gdynia, entered into the Register of Entrepreneurs kept by the District Court for the 8th Commercial Division of the National Court Register under KRS number 0000249763, NIP: 5862163843, REGON: 220178176. The Participant's data shall be processed for the purpose of organising and implementing the Promotion, including verification of fulfilment of the terms and conditions and issuing of the Gift, as well as for the purpose of sending the newsletter (commercial information) - respectively, on the basis of Article 6(1)(b) RODO (necessary for the performance of the agreement - the Participant's participation in the Promotion shall be treated as the conclusion of an agreement under the Terms and Conditions) and Article 6(1)(a) RODO (the Participant's consent to receive commercial information). The provision of data is voluntary but necessary to participate in the Promotion. Data may only be shared with third parties in connection with the implementation of the Promotion (e.g. the courier company delivering the prizes or the newsletter service provider) and will not be transferred outside the European Economic Area without a legal basis. Personal data will be stored for the duration of the Promotion and the period necessary to handle any complaints, and data processed on the basis of consent (newsletter) - until consent is withdrawn. The participant has rights of access to the content of his/her data, rectification, erasure, restriction of processing, data portability, as well as the right to object and the right to withdraw consent at any time. Contact for data protection matters: service@bergs.co.