Terms
Terms and Conditions
This Terms and Conditions describes how service works and what terms and condidions you have here as a user.
1. Introductory provisions
The online shop breackly.com is run by Adrian Przerwę, who conducts business activity under the name BREAK IT, entered in the Central Register and Information on Business Activity (CEIDG), kept by the minister responsible for the economy, NIP 946 270 0305, REGON 387020907. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop and set out the principles for the use of the Online Shop and the principles and procedure for concluding Distance Seller Contracts with the Customer through the Shop.
2. Definitions
Consumer - a natural person concluding a contract with the Seller through the Shop, the subject of which is not directly related to his/her economic or professional activity. Seller - a natural person running a business under the name BREAK IT, registered in the Central Register of Business Activity and Information (CEIDG) maintained by the minister responsible for economy, NIP 946 270 0305 REGON 387020907. Customer - any entity making purchases through the Store. Entrepreneur - a natural person, a legal person and an organisational unit that is not a legal person but to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Shop. Shop - an online shop operated by the Seller at the web address breackly.com. Distance contract - a contract concluded with a Customer within an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract. Rules and Regulations - these rules and regulations of the Store. Order - Customer's declaration of will placed via the Order Form and aiming directly at the conclusion of a Sales Contract for a Product or Products with the Seller. Account - Customer's account in the Shop, in which the data provided by the Customer and information about Orders placed by him/her in the Shop are collected. Registration form - a form available in the Shop, enabling the creation of an Account. Order form - an interactive form available in the Store which enables placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the manner of delivery and payment. Basket - an element of the Shop's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order's data, in particular the quantity of the Products. Product - a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller. Sales Agreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Internet Shop. The Sales Agreement is also understood - according to the characteristics of the Product - as the contract for the provision of services and the contract for a specific work.
3. Contact
Company address: st. Sachs 66b, 20-381 Lublin, Poland Seller's correspondence address: st. Algierska 18b/12, 81-120 Gdynia, Poland Seller's e-mail address: contact@breackly.com Seller's telephone number: +48 573 468 597 Seller's bank account number: The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph. The Customer may communicate with the Seller by phone during the hours: 8-20 (TIME: UTC +1/2).
4. Technical predictions
In order to use the Shop, including browsing the Shop's product range and placing orders for Products, the following are necessary: a final device with access to the Internet and a web browser such as a computer, laptop, tablet, smartphone. an active electronic mail (e-mail) account, cookies enabled,, FlashPlayer installed.
5. Global Informations
To the fullest extent permitted by law, the Seller shall not be held liable for any disruptions, including interruptions in the functioning of the Shop caused by force majeure, unauthorised action of third parties or incompatibility of the Shop with the technical infrastructure of the Customer. Browsing through the Shop's assortment does not require creating an Account. Placing orders by the Customer for Products in the Shop's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the fulfilment of the Order without creating an Account. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the pages of the Store when placing an Order, including at the moment of expressing his or her will to be bound by a Sales Contract. In the case of a Contract covering subscription or provision of services for an indefinite period, the final (definitive) price is the total price including all payments for the settlement period. When the nature of the subject matter of the Contract does not, reasonably judging, allow for the calculation of the final (definitive) price in advance, information on how the price will be calculated, as well as on transport, delivery, postal and other charges, shall be provided in the Shop in the Product description or in the virtual shopping cart.
6. Accounts
In order to set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: First and Last Name or Company Name, Tax Identification Number, payment details, e-mail address. Creating an Account in the Shop is free of charge. Logging into an Account takes place by providing a login and password established in the Registration Form. The Customer shall have the right to cancel the Account at any time, without giving any reason and without incurring any fees on this account, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.
7. Rules for placing the Order
To place an Order, you must: log into the Shop (optional); select the Product that is the subject of the Order and then click on the ‘Add to basket’ button (or equivalent); log in or use the option of placing an Order without registration; if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order, click the button ‘Order and pay’/click the button ‘Order and pay’ and confirm the order by clicking on the link sent in the e-mail, select one of the available payment methods and, depending on the payment method, pay for the Order within the specified deadline, subject to § 8 item 3.
8. Delivery and payment methods offered
The Customer may use the following methods of delivery or collection of the ordered Product: Electronic collection The Customer may use the following payment methods: BLIK payment Payment via Przelewy24 Payment by credit/debit card Payment by bank transfer to the Seller's account 3. detailed information on delivery methods and acceptable payment methods can be found on the pages of the Shop.
9. Execution of the sales contract
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop in accordance with § 7 of the Terms and Conditions. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending to the Customer the relevant e-mail message to the Customer's e-mail address provided during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above email, the Sales Agreement between the Customer and the Seller is concluded. If the Customer chooses: payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within .... calendar days from the date of concluding the Sales Agreement - otherwise the order will be cancelled. payment on delivery, the Customer is obliged to make the payment on delivery. payment in cash on delivery, the Customer is obliged to make payment on delivery within, days from the day of receiving information that the parcel is ready for collection.
If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
A In the event of an order for Products with different delivery dates, the delivery date shall be the longest date given.
B Where the Customer orders Products with different delivery times, the Customer shall have the option to request delivery of the Products in instalments or for all Products to be delivered when the entire order is completed.
The start of the deadline for delivery of the Product to the Customer is calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
In case the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement. 6,
If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order.
In the case of an order for Products with different readiness for collection dates, the Customer has the option to collect the Products in parts (according to their readiness for collection) or to collect all the Products once the entire order has been completed.
The start of the deadline for the Products to be ready for collection by the Customer is calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
If the Customer chooses the method of cash on delivery in person - from the date of conclusion of the Sales Agreement. 9.
The Product is delivered online, within the European Union.
Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the pages of the Online Shop under ‘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.
Personal collection of the Product by the Customer is free of charge.
10. Right of withdrawal
The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason. The period referred to in paragraph 1 shall begin with the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier. In the case of a Contract which involves multiple Products which are delivered separately, in lots or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, lot or part. In the case of a Contract which involves the regular delivery of Products over a fixed period of time (subscription), the period indicated in paragraph 1 shall run from taking possession of the first item.
The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. In order to meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send the statement before the expiry of this deadline.
The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Terms and Conditions and Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not obligatory.
If the declaration is sent by the Consumer by electronic means, the Seller shall immediately send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the declaration of withdrawal from the Contract.
Effects of withdrawal from the Contract:
In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
In the event of withdrawal from the Agreement, the Seller shall reimburse to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.
The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of return, whichever event occurs first.
The Consumer should send the Product back to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the Contract. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day period.
The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back in the usual manner by post.
The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
(9) If, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this, as well as the cost of returning the Product, will be located in the description of the Product in the Shop.
(10) The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in relation to the Contract:
in which the object of the performance is a non-refabricated thing produced according to the Consumer's specifications or serving to satisfy his/her individualised needs,
in which the object of performance is an item supplied in a sealed package which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
in which the object of the performance is a perishable item or an item with a short shelf life,
where the Seller has performed the service in full with the express consent of the consumer, who has been informed before the performance of the service by the Seller that after the Seller's performance he will lose the right to withdraw from the Agreement,
where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the period for withdrawal from the Agreement,
in which the subject of the performance are items which after delivery, due to their nature, become inseparable from other items,
where the subject of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
in which the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery,
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,
for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right to withdraw from the Agreement,
11. Complaint and warranty
The Contract of Sale covers digital products specially created for the Customer. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. The complaint should be submitted in writing or by e-mail to the Seller's addresses specified in these Terms and Conditions. It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint and the Customer's request in connection with the defect of the goods. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer's request is justified. If a guarantee has been granted for a Product, information about the guarantee, as well as its content, will be included in the description of the Product in the Shop.
12. Out-of-court complaint and redress procedures
Detailed information on the consumer's possibility to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php. The consumer has the following exemplary possibilities of using out-of-court ways of dealing with complaints and claims:
The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using free assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
13. Personal data in the Online Shop
The administrator of the Customers' personal data collected via the Online Shop is the Seller. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees - also for marketing purposes. Recipients of personal data of the Customers of the Online Store may be: In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store. 4. (4) The Customer has the right to access his/her data and correct them. (5) Provision of personal data is voluntary, although the failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
14. Final provisions
First Contracts concluded through the Online Store are concluded in the Polish language. 2nd The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance. (3) Matters not regulated in these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Electronic Services; Act on Consumer Rights, Act on Personal Data Protection. (4) The Customer has the right to use out-of-court ways of dealing with complaints and claims. For this purpose, he/she may submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.