1. DEFINITIONS

Account

A gratuitous function of the Store (service) regulated in these Regulations, thanks to which the Buyer can set up his individual account in the Store, where the data provided by the Buyer and information about the orders placed by him in the Store are collected;

Buyer or Customer

Any entity purchasing from the Store;

Store

Berg’s online store, operated by the Seller at www.bergs.co;

Seller

The Company operating under the name of KENT Spólka z ograniczona odpowiedzialnoscia with its registered office in Gdynia, 81-581 Nowodworcowa Str. 23, NIP: 5862163843, REGON: 220178176, entered in the register of entrepreneurs kept by the District Court Gdansk-Pólnoc in Gdansk, VIII Commercial Department of the National Court Register under KRS number: 0000249763, with a share capital of PLN 50,000.00 (fifty thousand PLN);

Administrator

Company operating under the name of DANTE spólka z ograniczona odpowiedzialnoscia with registered office in Gdynia, 81-581 Nowodworcowa St. 23, NIP: 5931975195, REGON: 191355663, entered in the register of entrepreneurs kept by the District Court Gdansk-Pólnoc in Gdansk, VIII Commercial Department of the National Court Register under the KRS number 0000181222, with the share capital of PLN 200,000.00 (two hundred thousand zlotys);

Working days

Days of the week from Monday to Friday, excluding public holidays in the Republic of Poland;

Delivery

Delivery of the goods specified by the Seller to the Buyer in the order through the Supplier;

Supplier

A courier company cooperating with the Seller;

Goods

Products presented by the Seller through the Store, which can be the subject of a Sales Contract;

Sales contract

A contract concluded at a distance under the terms of these Regulations between the Buyer and the Seller;

Order

A declaration of will of the Buyer submitted via the Order form and aimed directly at concluding a Contract for sale of the Goods or Goods with the Seller;

Registration Form

A form available in the Store that allows you to create an Account;

Shopping Cart

An element of the Store's software, where the Goods selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of Goods;

Regulations

These rules and regulations of the Store.

2. CONTACT TO SELLER

Postal address

Kent Sp. z o.o., 23 Nowodworcowa St., 81-581 Gdynia, Poland

E-mail address

service@bergs.co

3. GENERAL PROVISIONS

1. All rights to the Store, including property copyrights, intellectual property rights, as well as the rights to designs, forms and logos placed in the Store (with the exception of logos and photos presented in the Store for the presentation of goods, the copyrights to which belong to third parties) belong to the Seller. The Online Store will be managed by the Administrator.
2. The Seller will make every effort to make the use of the Store possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types.
3. The Seller and the Administrator use the mechanism of "Cookies" files (cookies), which during the use of the Store's website, are saved on the Buyer's terminal device. The use of "Cookies" files is aimed at the proper operation of the Store. This mechanism does not damage the Buyer's end devices and does not cause configuration changes in these devices. Cookies are used for statistical and marketing purposes, as well as to provide the functions of the website. Using the appropriate function of your browser, you can delete cookies at any time, as well as block their use in the future. To learn how to manage Cookies, please refer to the help file of the respective browser. If cookies are not disabled, it means that the user consents to their use.
4. It is prohibited for the Buyer to provide unlawful content and use the Store in a manner that is unlawful or violates the personal rights of third parties. It is not permissible to use the resources and functions of the Store to conduct activities that violate the interests of the Seller.
5. In order for Customers to properly use the Store, it is necessary for the Customer to have a device with Internet access and a web browser that supports JavaScript and cookies. The Seller indicates the recommended technical parameters of the device for cooperation with the ICT system used by the Administrator: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in your web browser.

4. REGISTRATION

1. In order to create an Account, the Buyer is required to register free of charge. Registration is necessary to place an Order in the Store. Registration is done by completing the Registration Form made available on the Store's website.
2. When registering, the Buyer has the opportunity to read the Regulations and accept its contents. The Buyer may also voluntarily consent to the processing of his/her personal data for marketing purposes. Giving consent to the processing of data for marketing purposes does not condition access to the Account service. Consent may be withdrawn at any time by submitting an appropriate statement to the Seller.
3. After submitting the completed Registration Form, the Buyer will receive by e-mail (to the e-mail address provided in the Form) a confirmation of registration. From that moment, the contract for electronic provision of the Account service is concluded, and the Buyer obtains the ability to access his Account and make changes to the provided data, except for login.

5. ORDER

1. The information contained in the Store does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to the Buyer to make an offer to conclude a sales contract.
2. The Buyer may place Orders in the Store 7 days a week, 24 hours a day.
3. The Buyer places an Order through the Store's website, selecting the Goods he wishes to purchase. After completing the entire order in the Shopping Cart, the Buyer selects the method of Delivery, the form of payment and places the Order by clicking the order button. Each time, the Buyer is informed of the total price of the selected Goods and Delivery, as well as all additional costs he must pay in connection with the conclusion of the Sales Agreement.
4. Placement of the Order constitutes submission by the Buyer to the Seller of an offer of a Sales Contract for the Goods that are the subject of the Order. After submitting the Order, the Buyer receives by e-mail a confirmation of placing a new Order.
5. The Seller sends to the e-mail address provided by the Buyer information about acceptance of the Order for execution. This information is the Seller's statement of acceptance of the offer referred to in Section 5.4 of the Regulations, and upon its receipt by the Buyer the Contract of Sale with the Buyer is concluded.
6. In accordance with the Law on VAT Article 106b paragraph 5-7, a VAT invoice for the order will be issued only if the NIP number is provided in the buyer's data when placing the order. Orders that do not include the VAT number in the buyer's data will be invoiced to individuals.

6. PAYMENTS

1. The prices of the Goods listed in the Store are gross prices and do not include information on Delivery costs or other additional costs.
2. In each case of information about the reduction of the price of goods, the Seller shall, in addition to the information about the reduced price, also make visible the information about the lowest price of the goods, which was in force in the period of 30 days before the introduction of the reduction. If a commodity is offered for sale for a period of less than 30 days, in addition to information about the reduced price, the Seller shall also make visible information about the lowest price of this commodity that was in effect during the period from the beginning of offering this commodity for sale until the date of introduction of the reduction.
3. The Merchant shall make available to the Customer the option to pay electronically or by credit card through the Shopify Payments tool provided by Shopify International Limited, Companies under Irish law, 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
4. The Buyer shall be informed on the Store's website of the deadline by which he is required to make payment for the Order. In the event of the Customer's failure to make payment, the Seller will send the Buyer an additional reminder by e-mail about to make payment. If the 14-day deadline for payment has expired without success, the Order will be canceled by the Seller.

7. DELIVERY

1. The Seller shall deliver the Goods subject to the Sales Contract without defects.
2. The Seller shall post on the Store's website information about the number of working days required for the processing and delivery of the Order.
3. The ordered Goods are delivered to the Buyer via the Supplier at the delivery address indicated in the Order form.
4. The Buyer should examine the delivered shipment in the presence of the Supplier. If the shipment is found to be defective or damaged, the Buyer has the right to request the Supplier to write a proper protocol.
5. The Seller shall attach to the shipment an invoice covering the delivered Goods.
6. If the Buyer is not present at the address indicated by the Buyer, the Supplier will attempt to contact the Buyer by telephone to arrange another date or leave an advice letter. If the shipment is returned to the Seller, the Seller will contact the Buyer by e-mail or telephone, setting a new date and cost of Delivery.

8. CONFORMITY OF GOODS

1. The Seller shall ensure to the Buyer who is a consumer Delivery of Goods in accordance with the contract, that is, goods whose description, type, quantity, quality, completeness and functionality correspond to the content of the concluded contract.
2. If the Goods are not in conformity with the contract, the Buyer who is a consumer may:

   2.1 Demand its repair or replacement: The Seller may make a replacement when the Buyer who is a consumer demands a repair, or the Seller may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract 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, the Seller may refuse to bring the goods into conformity with the contract. The Seller shall repair or replace the goods within a reasonable time from the moment the Seller is informed by the consumer of the non-conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them.

   2.2 File a statement of price reduction or withdrawal from the contract when: (a) the Seller has refused to bring the goods into conformity with the contract;(b) the Seller has failed to bring the goods into conformity with the contract;(c) the lack of conformity of the goods with the contract continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;(d) the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first resorting to other means of protection;(e) it is clear from the Seller's statement or the circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

3. The Buyer who is a consumer, who exercises his rights under the conformity of the goods with the contract, is obliged to make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the Buyer who is a consumer at his own expense.
4. The Seller shall not be liable for the lack of conformity of the goods in terms of its suitability for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices; as well as other characteristics of the goods, including their durability, quality such as sample and design, which the Seller has made available to the consumer prior to the conclusion of the contract, delivery with packaging, accessories and instructions that the Buyer who is a consumer may expect, if, at the latest at the time of the conclusion of the contract, the consumer has been clearly informed that a specific characteristic of the goods deviates from the requirements of conformity with the contract and has expressly and separately accepted the lack of a specific characteristic of the goods.
5. The Seller shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time.
6. Any complaints relating to the Goods may be addressed by the Buyer in writing to the address of the Seller. The Seller shall respond to the complaint of the Goods within 14 days from the date of the demand containing the complaint. If the Buyer who is a consumer has demanded replacement of the Goods or removal of a defect, or has made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 days, it is considered that the Seller has recognized this demand as justified.

9. WITHDRAWAL

1. A Buyer who has entered into a Contract of Sale may withdraw from it within 14 days without giving any reason. The time limit for withdrawal from the Contract begins at the moment of taking possession of the Goods by the Buyer. The Customer may withdraw from the Contract of Sale by submitting a statement of withdrawal to the Seller. The form with the statement of withdrawal from the Contract can be found on the Store's website under Return | Replacement | Complaint. To meet the deadline, it is sufficient to send the statement before its expiration.
2. In the event of withdrawal from the Sales Contract, it is considered not concluded.
3. If the Buyer made a statement of withdrawal from the Sales Contract before the Seller accepted the offer, the offer shall cease to be binding.
4. The Seller shall, no later than 14 days from the date of receipt from the Buyer of the statement of withdrawal from the Sales Contract, return to him all payments made by him. The Seller may withhold reimbursement of payments until it receives the Goods back from the Buyer. The Seller shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for him.
5. If the Buyer has chosen a method of delivery of the Goods other than the method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for any additional costs incurred by the Buyer.
6. The Buyer is obliged to return the Goods immediately, no later than within 14 days from the date of submission of the withdrawal from the Contract to the Seller.
7. In the event of withdrawal from the Contract of Sale, the Buyer shall bear the costs of returning the Goods to the Seller. The Buyer shall bear only the direct costs of returning the goods, unless the Seller has agreed to bear them.
8. The buyer shall be liable for any diminution in the value of the goods resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the goods.
9. The Seller shall refund the payment using the same method of payment used by the Buyer.
10. Perfumes and protective masks are not returnable if opened after delivery. Perfumes and masks are hygienic articles, which, according to Article 38 para. 5 of the Law on Consumer Rights, are not refundable if they are delivered in a sealed package that has been opened after delivery of the Goods.

10. FREE SERVICES

1. The Seller and the Administrator provides a free Newsletter service through the Store.
2. The Seller provides through the Store free of charge the service of maintaining an Account.
3. The above services are provided 7 days a week, 24 hours a day.
4. The Seller and the Administrator reserve the right to change the type, forms, time, and manner of granting access to the above-mentioned services.
5. The Newsletter service, provided by the Administrator, may be used by any Customer who enters his/her personal data in the form of name, date of birth, gender, and e-mail address using the Registration Form available on the Store's website. After submitting the completed form, the Customer will receive an electronic confirmation of the service. With this moment, the Newsletter service contract is concluded. The Newsletter service consists of sending e-mails by the Administrator containing information about new services or products in the Store's offer. The Newsletter is sent to all Customers who have subscribed. The Customer may resign from the Newsletter service at any time by unsubscribing via a link included in each e-mail sent as part of the service, or by activating the appropriate field in the Account.
6. The Account service is available after registration under the rules described in the Rules and Regulations and consists in providing the Customer with a dedicated panel in the Store, allowing him/her to modify his/her personal data, as well as to track the execution of Orders and the history of Orders completed in the past. A Customer who has registered may request the deletion of the Account, and if such a request is made, the Account may be deleted within 14 days from the date of the request.
7. The Seller is entitled to block access to the Account and free services in the case of the Client's actions to the detriment of the Seller or other Clients, violation of the law or the provisions of the Regulations by the Client, as well as when blocking access is justified by security reasons - in particular, the Client's breaking the security of the Store's website or other hacking activities. The blocking of access for the aforementioned reasons lasts for the period necessary to resolve the issues forming the basis for the blocking. The Seller shall notify the Customer of the blocking of access to selected services electronically.

11. DATA PROTECTION

1. All provisions relating to the processing and protection of personal data are contained in the Privacy Policy, which is a separate document.

12. TERMINATION

1. Both the Buyer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
2. A customer who has registered shall terminate the contract for the provision of electronic services by sending the Vendor an appropriate statement of intent, using any means of remote communication.
3. The Seller shall terminate the contract for the provision of electronic services by sending the Buyer an appropriate statement of intent to the e-mail address provided during registration.

13. ENTREPRENEURS

1. This section of the Regulations and all the provisions contained herein are addressed to and thus binding only on the non-consumer Customer.
2. With respect to the Customer who is not a consumer, the Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
3. With respect to a Customer who is not a consumer, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
4. With respect to a Customer who is not a consumer, the Seller may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer an appropriate statement.
5. With respect to the Customer who is not a consumer, the Seller's liability to the Customer, regardless of its legal basis, is limited - both under a single claim and for all claims in total - to the amount of the price paid under the Sales Agreement, and if this has not been specified, no more than 100 (one hundred) zlotys.
6. With respect to the Customer who is not a consumer, all disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the seat of the Seller.

14. FINAL PROVISIONS

1. The content of these Regulations may be recorded by printing, saving to a carrier, or downloading from the Store's website.
2. If a dispute arises on the basis of the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to the settlement of disputes is Polish law. Each Customer may use out-of-court ways to resolve complaints and assert claims. For this purpose, the Customer may use: Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa; Help from the appropriate area-based permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale-sady-polubowne;
3. The Seller reserves the right to amend these Regulations. All Orders accepted for execution are carried out on the basis of the Regulations, that were in effect on the day the Customer placed the Order. The Seller shall inform the Client about the change of the Regulations by e-mail. If the Customer does not accept the new content of the Regulations, he/she is obliged to notify the Seller, which results in termination of the contract.
4. Subject to the mandatory provisions in the relations between businesses and consumers, the generally applicable provisions of Polish law shall apply to matters not covered by these Regulations.
5. The Regulations shall come into force on April 01, 2025.