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Terms and conditions

Table of contents

TERMS AND CONDITIONS

We respect consumer rights; therefore, if the destination country to which the order is shipped provides more consumer-friendly regulations, we will comply with those regulations.

These Terms and Conditions of the Online Store were prepared by the lawyers of the Pro-Consumer Service.en. Online store www.bushido-sport.pl cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply instead. Therefore, the provisions of these Regulations are not intended to exclude or limit any of the rights of consumers under the mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS


1.1. online store available at www.bushido-sport.pl is operated by BUSHIDO SPORT DUBIEL SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in Żędowice (registered and correspondence address: ul. Dworcowa 24C, 47-120 Żędowice), entered in the Register of Entrepreneurs of the National Court Register under the KRS number: 0000956336; the register court where the company's documentation is kept: District Court in Opole, VIII Economic Division of the National Court Register; share capital of: pLN 50,000 fully paid up; NIP: 7561992592, REGON: 521388251, e-mail address: office@bushido-sport.pl, phone number: +48 77 540 78 34.

1.(2) These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.

1.3. the administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The Privacy Policy primarily contains rules regarding the Administrator's processing of personal data in the Online Store, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4 Definitions:

1.4.1 WORKING DAY - one day from Monday to Friday excluding public holidays.

1.4.2 ACT ON DIGITAL SERVICES, ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19
october 2022. on the single market for digital services and amending Directive 2000/31/EC (Services Act
digital) (OJ.U. L 277, 27.10.2022, s. 1-102).

1.4.3. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.

1.4.4 ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law - who has entered into or intends to enter into a Sales Agreement with the Seller.

1.4.6 CIVIL CODE - the Civil Code Act of April 23, 1964. (OJ.U. 1964 no. 16, pos. 93 as amended.).

1.4.7. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.

1.4.8 ILLEGAL CONTENTS - information that in itself or by reference to the operation, including the sale of Products or
provision of Electronic Services, do not comply with the law of the European Union or with the law of any country
member that is in compliance with the law of the European Union, regardless of the specific subject matter or nature of that
rights.

1.4.9. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Store.

1.4.10. OPINIONS - Electronic Service available at the Online Store allowing the Customer to add opinions, ratings and comments on the Products and concluded Sales Agreements.

1.4.11. AUTHOR'S LAW - Law on Copyright and Related Rights of February 4, 1994. (OJ.U. No. 24, pos. 83 as amended.).

1.4.12. PRODUCT - a movable item available in the Online Store which is the subject of a Sales Contract between the Customer and the Seller.

1.4.13. REGULATIONS - these regulations of the Online Store.

1.4.14. INTERNET SHOP - Provider's online store available at the following web address: www.bushido-sport.en.

1.4.15. SELLER, SERVICE PROVIDER - BUSHIDO SPORT DUBIEL SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in Żędowice (registered office and correspondence address: 24C Dworcowa Street, 47-120 Żędowice), entered in the Register of Entrepreneurs of the National Court Register under the KRS number: 0000956336; the register court where the company's documentation is kept: District Court in Opole, VIII Economic Department of the National Court Register; share capital of: pLN 50,000 fully paid up; NIP: 7561992592, REGON: 521388251, e-mail address: office@bushido-sport.pl, phone number: +48 77 540 78 34.

1.4.16. SALE AGREEMENT - an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.

1.4.17. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Internet Store.

1.4.18. SERVICE USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law - using or intending to use an Electronic Service.

1.4.19 CONSUMER RIGHTS ACT - Act of May 30, 2014. on consumer rights (Dz.U. 2014 pos. 827 as amended.).

1.4.20. ORDER - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.(1) The following Electronic Services are available on the Online Store: Account, Order Form, Newsletter and Opinions.

2.1.1. Account - the use of an Account is possible after a total of two consecutive steps have been performed by the Customer - (1) completing the Registration Form and (2) clicking the "Register an Account" box. In the Registration Form, it is necessary for the Customer to provide the following details of the Service Recipient: first and last name, address (street, house/apartment number, postal code, city), e-mail address, contact telephone number, name (login) and password. In the case of Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.

2.1.1.1. the Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: office@bushido-sport.pl or also in writing to the address: 24C Dworcowa Street, 47-120 Zędowice.

2.1.2 Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Order and pay" box on the Online Store website after completing the Order Form - up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of non-consumers, it is also necessary to provide the company name and Tax Identification Number.

2.1.2.1. the Electronic Order Form Service is provided free of charge and has a one-time nature and is terminated at the time of placing an Order through it or at the earlier termination of placing an Order through it by the Customer.

2.1.3 Newsletter - use of the Newsletter is made after providing in the "Newsletter" tab visible on the website of the Online Store the name and e-mail address of the Customer, to which subsequent editions of the Newsletter are to be sent, and clicking the field "Save". You can also sign up for the Newsletter by checking the appropriate checkbox when creating an Account or placing an Order - the moment the Account is created or the Order is placed, the Customer is signed up for the Newsletter.

2.1.3.1 The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to: office@bushido-sport.pl or also in writing to the address: 24C Dworcowa Street, 47-120 Zędowice.

2.1.4 Opinions - adding an opinion is possible after a total of three consecutive steps have been performed by the Customer - (1) filling out the form available in the "Opinions" tab after going to the page of the selected Product, (2) clicking the field "Send an opinion" and (3) confirming his/her opinion by clicking on the confirmation link sent automatically to the provided e-mail address. The form for adding opinions requires providing the name (nickname) and e-mail address of the Service Recipient and the content of the opinion, to which the Service Recipient may also attach his photos. The Customer, when using the Electronic Opinions Service, is obliged to provide only accurate and truthful information. The recipient is prohibited from posting opinions of an offensive or factually incorrect nature. Opinions should be added by Service Recipients who have concluded a Sales Agreement in the Online Store and only in relation to the Product they purchased. Opinions posted by Service Recipients are their own and do not represent the opinions of the Service Provider.

2.1.4.1. the Electronic Service of Opinions is provided free of charge and has a one-time nature and is terminated at the time of evaluation through it or at the time of earlier termination of use of the Electronic Service by the Customer. Making an opinion issued by a Client visible requires its approval by the Service Provider.

2.(2) Technical requirements necessary to work with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) inclusion in the web browser of the possibility of saving cookies and Javascript support.

2.3. the Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Customer is obliged to enter data in accordance with the facts. The Customer is prohibited from providing unlawful content.

2.(4) The procedure for complaints relating to Electronic Services is indicated in Section. 6. Regulations.

3. TERMS AND CONDITIONS OF CONTRACT OF SALE

3.(1) The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations.

3.the price of the Product shown on the website of the Internet Shop is given in Polish zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including charges for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

3.3. the procedure for concluding the Sales Agreement in the Online Store by means of the Order Form

3.3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer has placed an Order on the Online Store in accordance with point. 2.1.2 of the Regulations.

3.3.2 Once the Order has been placed, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Contract is concluded between the Customer and the Seller.

3.(4) The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in item. 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the computer system of the Seller's Internet Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:

4.1.1 Payment in cash on delivery at the time of delivery.

4.1.2 Payment in cash upon personal collection.

4.1.3 Payment by bank transfer to the Seller's bank account.

4.1.4. electronic payments and payment card payments through the IdoPay service - the possible current payment methods are specified on the website of the Online Store in the information tab on payment methods and on the website https://www.idosell.com/en/idopay/.

4.1.4.1. Settlement of electronic payment and payment card transactions shall be carried out in accordance with the Customer's choice within the IdoPay service. Electronic and card payment services are provided:

4.1.4.1.1. IdoPay - the company IdoPayments Sp. featuring.o. with its registered seat in Szczecin (address: Piastów Avenue 71-064 Szczecin), entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000859711; registration files kept by the District Court Szczecin - Centrum in Szczecin, XIII Economic Department of the National Court Register, NIP: 8522666251.

4.1.5 PayPo Payments - a service consisting in deferring the date of payment up to 30 days from the date of conclusion of the Sales Agreement or spreading the payment into installments. PayPro payment processing is provided by PayPo Sp. featuring.o. with its registered seat in Warsaw (address: 37 Domaniewska Street, 02-672 Warsaw), entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000575158 by the District Court for the city of Warsaw. st. Warsaw, XIII Economic Department of the National Court Register; with a share capital of PLN 943,500.00, NIP: 5213705997, REGON: 362485126.

4.2 Payment term:

4.2.1 If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.

4.2.2 If the Customer chooses to pay cash on delivery or cash on delivery in person, the Customer shall be obliged to make payment upon receipt of the shipment.

4.2.3 If the Customer chooses to make payment via PayPo, the Customer shall be obliged to make payment to PayPo Sp. featuring.o. within 30 days of the conclusion of the Sales Agreement or, if the Customer chooses to pay by installments, to repay the amount due in accordance with the adopted repayment schedule.

5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. delivery of the Product is available on the territory of the Republic of Poland.

5.2. delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

5.3. personal collection of the Product by the Customer is free of charge.

5.(4) The Seller shall make available to the Customer the following methods of delivery or collection of the Product:

5.4.1 Postal delivery, postal cash on delivery.

5.4.2 Courier delivery, cash on delivery.

5.4.3 Parcel with pick-up at a parcel machine, parcel with pick-up at a postal or partner point of the customer's choice.

5.4.4 Pallet shipment.

5.4.5 Personal collection available at: 24C Dworcowa St., 47-120 Zędowice - on Business Days, from 07:00 to 16:00.

5.(5) The term of delivery of the Product to the Customer is up to 30 Business Days, unless a shorter term is specified in the description of the Product or in the course of placing the Order. In the case of Products with different delivery dates, the delivery date shall be the longest date given, which, however, shall not exceed 30 Business Days. The beginning of the period for delivery of the Product to the Customer is calculated as follows:

5.5.1 In the case of selection by the Customer of a method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller.

5.5.2 If the Customer chooses cash on delivery payment method - from the date of the conclusion of the Sales Agreement.

5.5.3 In the case of selection by the Customer of a method of payment in the installment system or deferred payment - from the date of notification to the Seller by the lender of the conclusion of a credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with funds from the credit granted to the Customer.

5.6 Deadline for readiness of the Product for collection by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 25 Business Days, unless a shorter deadline is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different dates of readiness for acceptance, the date of readiness for acceptance shall be the longest date given, which, however, shall not exceed 25 Business Days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection. The beginning of the period when the Product is ready for collection by the Customer is calculated as follows:

5.6.1 In the case of selection by the Customer of a method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller.

5.6.2 If the Customer chooses to pay by cash on delivery in person - from the date of conclusion of the Sales Agreement.

5.6.3 In the case of selection by the Customer of a method of payment in the installment system or deferred payment - from the date of notification to the Seller by the lender of the conclusion of a credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.

6. COMPLAINT HANDLING PROCEDURE


6.1. this section 6. The Regulations specify the procedure for processing complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.


6.(2) The basis and scope of liability are set out in generally applicable laws, in particular the Civil Code, the Law on Consumer Rights and the Law on Provision of Electronic Services of July 18, 2002. (OJ.U. No. 144, item. 1204 as amended.).


6.2.1 Detailed provisions concerning the complaint of a Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until 31. december 2022. are determined by the provisions of the Civil Code, as in effect until 31. december 2022., in particular art. 556-576 of the Civil Code. In particular, these provisions define the basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with the Product without defects. In accordance with Art. 558 § 1 of the Civil Code, the Seller's liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a consumer is excluded.

6.2.2 Detailed provisions for the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1. january 2023. are defined by the provisions of the Consumer Rights Act, in the wording in effect from 1. january 2023., in particular art. 43a - 43g of the Consumer Rights Act. In particular, these provisions define the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.2.3 Detailed provisions for the complaint of a Product - digital content or service or a movable thing that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1. january 2023. or before that date, if the delivery of such Product was to take place or took place after that date, shall be determined by the provisions of the Consumer Rights Act in the wording in force from 1. january 2023., in particular art. 43h - 43q of the Consumer Rights Act. In particular, these provisions define the basis and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.(3) A complaint may be made, for example:

6.3.1. in writing to the address: 47-120 Zędowice, 24 c Dworcowa St

6.3.2. in electronic form via e-mail to: office@bushido-sport.en

6.(4) The shipment or return of the Product under the complaint may be made to the address: BUSHIDO SPORT DUBIEL S.K.A., Zędowice, 24 c Dworcowa St., 47-120 Zędowice

6.(5) You should immediately stop using the Product in which you have noticed a defect or non-conformity with the description and inform the Seller of this fact.

6.(6) It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of the irregularity or non-conformity with the contract; (2) a request for a method of bringing the complaint into conformity with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact information of the complainant - this will facilitate and expedite the processing of the complaint. The requirements in the preceding sentence are in the form of a recommendation only, and do not affect the effectiveness of complaints made with the omission of the recommended description of the complaint.

6.(7) If the contact details provided by the complainant change during the processing of the complaint, the complainant is required to notify the Seller.

68. Evidence (e.g. photos, documents or Product) related to the subject of the complaint may be attached to the complaint by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and accelerate the processing of the complaint by the Seller.

6.9. the Seller shall respond to the complaint immediately, but no later than within 14 calendar days from the date of its receipt.

7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES


7.(1) Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.en/pozozasadowe_rozwiązanie_sporow_konsumenckich.php.

7.2. there is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: contact.adr@uokik.gov.pl or written address: pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.

7.(3) The consumer has the following examples of out-of-court means of complaint and redress: (1) a request for dispute resolution to a permanent amicable consumer court (for more information see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Commercial Inspection (for more information, visit the website of the inspector in charge of the Seller's place of business); and (3) the assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m. in. Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by email at porady@dlakonsumerow.pl and at the consumer helpline number 801 440 220 (helpline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator's tariff).

7.4. at http://ec.europe.eu/consumers/odr a platform for online dispute resolution between consumers and businesses at the EU level is available (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://uokik.gov.en/spory_consumer_faq_platform_odr.php).

8. RIGHT OF WITHDRAWAL


8.(1) A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs specified in Section. 8.8 Regulations. Sending the statement before the deadline is sufficient to meet the deadline. The declaration of withdrawal can be made, for example:

8.1.1. in writing to the address: BUSHIDO SPORT DUBIEL S.K.A. Zędowice, 24 c Dworcowa St., 47-120 Zędowice
8.1.2. in electronic form via e-mail to: office@bushido-sport.en

8.(2) Return of the Product - movables (including movables with digital elements) within the framework of withdrawal from the contract may be made to the address: BUSHIDO SPORT DUBIEL S.K.A. Zędowice, 24 c Dworcowa St., 47-120 Zędowice

8.(3) A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in section. 13 Regulations. The consumer can use the model form, but it is not mandatory.

8.(4) The period for withdrawal from the contract shall begin:

8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;

8.4.2. for other contracts - from the date of conclusion of the contract.

8.(5) In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.

8.6. products - movable things, including movable things with digital elements:

8.6.1 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The seller shall refund the payment 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 incur any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.6.2 In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before the deadline.

8.6.3 The consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.7. products - digital content or digital services:

8.7.1 In the case of withdrawal from the contract for the provision of a Product - digital content or digital service - the Seller from the date of receipt of the consumer's statement of withdrawal from the contract may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except for content that: (1) are useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be separated from them or can be separated only with the expenditure of disproportionate efforts; (4) have been produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that was provided or created by the consumer during the use of digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer's rights referred to in the preceding sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.

8.7.2 In the case of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer shall be obliged to stop using this digital content or digital service and making it available to third parties.

8.8 Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to pay:

8.8.1 In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him/her.

8.8.2 For Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.

8.8.3 In the case of a Product - service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal. The amount of the payment shall be calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.(9) The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:

8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract, and has accepted it; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a Product - a movable thing (including a movable thing with digital elements) - non-refabricated, produced to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - delivered in sealed packaging which, once opened, cannot be returned for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products - movable things (including movable things with digital elements) - which after delivery, due to their nature, are inseparably combined with other movable things, including movable things with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides in addition other services than those requested by the consumer, or provides Products - movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the consumer, who has been informed before the beginning of the performance that after the performance by the Seller he will lose the right of withdrawal from the contract, and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 mouth. 1 and 2 or Art. 21 mouth. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.10. contained in this section 8. The provisions for the consumer in the Regulations shall apply from January 1, 2021. and for contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS FOR ENTREPRENEURS

9.1. the Seller's liability under the warranty for the Product or for the Product's non-conformity with the Sales Agreement is excluded.
9.(2) The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.

10. PRODUCT REVIEWS


10.1. the Seller allows its Customers to issue and access opinions about the Products and the Online Store under the terms of this section of the Terms and Conditions.

10.(2) Issuing an opinion by the Customer is possible after using the form allowing to add an opinion about the Product or the Online Store. This form can be made available directly on the website of the Online Store (including by means of an external widget) or can be made available by means of an individual link received by the Customer after the purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.

10.(3) The opinion about the Product can be issued only to the actually purchased Products in the Seller's Online Store and by the Customer who purchased the reviewed Product. It is forbidden to conclude fictitious or sham Sales Contracts for the purpose of giving an opinion about the Product. An opinion about the Online Store can be given by a person who is a customer of the Online Store.

10.4. adding opinions by Customers may not be used for illegal activities, in particular for activities constituting an act of unfair competition, or activities that violate personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the customer is obliged to act in accordance with the law, these Regulations and good manners.

10.(5) Opinions may be made available directly on the website of the Online Store (e.g. next to a given Product) or in an external opinion-gathering service with which the Seller cooperates and to which it links on the website of the Online Store (including by means of an external widget placed on the website of the Online Store). By adding an opinion, Customers give Seller the right to translate them to other languages and make avaiable on all of their Online Stores.

10.(6) The Seller shall ensure that the published opinions about the Products come from its Customers who have purchased the Product. To this end, the Vendor takes the following steps to verify that the feedback comes from its Customers:

10.6.1 The publication of an opinion issued using a form available directly on the website of the Online Store requires prior verification by the Service Provider. Verification consists in checking the compliance of the opinion with the Regulations, in particular, checking whether the person giving the opinion is a Customer of the Online Store - in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of an opinion on a Product, it additionally checks whether the person has purchased the reviewed Product. Verification takes place without undue delay.

10.6.2 The Seller sends its Customers (including by means of an external service collecting opinions, with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop.

10.6.3 In case of doubts of the Seller or objections directed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he is in fact a Customer of the Online Store or has purchased the reviewed Product.

10.(7) Any remarks, appeals against the verification of opinions, or objections as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in section 6. Regulations.

10.(8) The Seller shall not post or have another person post false opinions or recommendations of Customers and shall not distort the opinions or recommendations of Customers for the purpose of promoting its Products. Vendor provides feedback both positive and negative. Seller does not provide sponsored reviews.

11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS

11.(1) This section of the Terms and Conditions contains provisions under the Digital Services Act as it relates to the Store
Internet and Service Provider. As a rule, the recipient is not obliged to provide content when using the
Online store, unless the Regulations require specific data (e.g., data for placing an Order).
The customer may be able to add opinions or comments on the Online Store using the tools
made available for this purpose by the Service Provider. In any case of delivery of content by the Service Recipient, he is
obliged to comply with the rules contained in the Regulations.

11.2. CONTACT POINT - The service provider designates the e-mail address of the store@nazwasklepu.pl as a single point
contact. The point of contact allows direct communication of the Service Provider with the authorities of the Member States,
European Commission and the Digital Services Council, and at the same time enables service recipients (including Service Recipients)
direct, fast and friendly communication with the Service Provider by electronic means, for the purpose of applying the Service Act
Digital. The service provider indicates the Polish language and the English language for communication with its point of contact.

11.3. the procedure for reporting Illegal Content and acting in accordance with Art. 16 Digital Services Act:

11.3.1 To the email address contact@bushido-sport.en any person or any entity may report to the Service Provider
the presence of specific information that a person or entity considers to be Illegal Content.

11.3.2 The notification shall be sufficiently precise and adequately justified. To this end, the Service Provider shall allow and facilitate submissions to the email address provided above containing all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, if applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report concerning information deemed to be related to one of the offenses referred to in Article. 3-7 of Directive 2011/93/EU; and (4) a statement attesting to the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.

11.3.3 The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of art. 6 of the Digital Services Act with respect to the information to which it relates, if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.

11.3.4 If the request contains electronic contact details of the person or entity that made the request, the Service Provider shall without undue delay send such person or entity an acknowledgement of receipt of the request. The service provider shall also notify without undue delay such person or entity of its decision with respect to the information to which the notification relates, providing information on how to appeal the decision made.

11.3.5.The Service Provider shall consider all requests it receives under the mechanism referred to above and make decisions with respect to the information to which the requests relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it shall include information on this in the notification referred to in the preceding paragraph.

11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, with regard to the information provided by the Service Recipients:

11.4.1 The following rules apply to the delivery of any content on the Online Store:

11.4.1.1. the obligation to use the Online Store, including to post content (e.g., as part of opinions or comments), in accordance with its purpose, these Regulations and in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties;

11.4.1.2. the obligation to enter content that is factually correct and not misleading;

11.4.1.3. the prohibition of the delivery of unlawful content, including the prohibition of the delivery of Illegal Content;

11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Store;

11.4.1.5. prohibition to provide content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;

11.4.1.6. the obligation to have, where necessary, all required rights and permissions to provide such content on the pages of the Online Store, in particular copyright or required licenses, permissions and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.

11.4.1.7. the obligation to use the Internet Shop in a manner that does not pose a security risk to the Service Provider's data communications system, the Internet Shop or third parties.

11.4.2 The Service Provider reserves the right to moderate the content provided by Service Recipients to the Online Store website. Moderation shall be carried out in good faith and with due diligence and on the Service Provider's own initiative or upon notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms of Service or to prevent access to it or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms of Service.

11.4.3 The moderation process may be done manually by a human or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms of Service. Once such content is identified, the Service Provider shall decide whether to remove or disable access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g., contact the Client to clarify objections and change the content). The Service Provider will inform the Service Recipient who provided the content in a clear and easily understandable manner (if it has his contact information) of its decision, the reasons for its decision and the available options for appealing the decision.

11.4.4 In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate Page 5 of 5 interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

11.(5) Any comments, complaints, grievances, appeals or objections regarding decisions or other actions or lack of action taken by the Service Provider on the basis of an application received or a decision of the Service Provider made in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in Section 6. Regulations. Use of this procedure is free of charge and allows complaints to be submitted electronically to the email address provided. The use of the complaint procedure is without prejudice to the right of the person or entity concerned to institute proceedings before a court and does not affect his other rights.

11.(6) The Service Provider shall deal with any comments, complaints, complaints, appeals or objections to decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to believe that its decision not to take action in response to the report is unjustified or that the information complained of is not illegal and in violation of the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, reverse or modify its decision as to whether to remove or prevent access to the content or otherwise limit its visibility, or take such other action as it deems necessary.

11.(7) Service Recipients, persons or entities who have made a report of Illegal Content to whom the Service Provider's decisions regarding Illegal Content or content that does not comply with the Terms and Conditions are directed, shall have the right to choose any out-of-court dispute resolution body certified by the Service Provider's Dispute Resolution Coordinator. digital services of the Member State to resolve disputes over these decisions, including with respect to complaints that have not been resolved through the Service Provider's internal complaint handling system.

12. FINAL PROVISIONS

12.1 Contracts concluded through the Online Store are concluded in the Polish language.

12.2 Amendment of the Regulations:

12.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in legislation; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

12.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient, if the requirements set forth in Art. 384 and 384[1] of the Civil Code, that is, the Customer was properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that an amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient has the right to withdraw from the contract.

12.2.3 In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations shall in no way affect the acquired rights of Service Recipients/Customers prior to the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.

12.(3) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002. (OJ.U. 2002 No. 144, pos. 1204 as amended.); the Consumer Rights Act; and other applicable provisions of common law.

13. MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)


Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)

- Address:
BUSHIDO SPORT DUBIEL LIMITED JOINT-STOCK PARTNERSHIP
dworcowa Street 24C, 47-120 Zędowice
bushido-sport.en
office@bushido-sport.en


- I/We(*) hereby inform(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*)

- Date of contract(*)/acceptance(*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as appropriate.

See also:

Privacy Policy

Information about the right of withdrawal from a distance contract

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