Terms and Conditions

These Terms and Conditions set out the rules for making purchases and using services in the online shop operated by the Seller at bogdanca.pl.

Seller: BOGDANCA Sp. z o.o., registered at ul. Żybura 2, 63-230 Witaszyce, NIP (tax ID): 6172220601, REGON (statistical number): 388974187, KRS (National Court Register number): 0000923595.

The Seller can be contacted:

• By phone: 62 310 06 13 (calls charged according to your operator’s tariff).
• By email: kontakt@bogdanca.pl
• Through the forms and enquiry modules built into the online shop.

§1 Definitions

• Terms and Conditions - these terms and conditions of the online shop.
• Online Shop – the website at bogdanca.pl through which the Customer can place an Order.
• Seller – the entity providing sales and sports equipment hire services through the Online Shop on the terms set out in these Terms and Conditions.
• Working Days – a single day from Monday to Friday, excluding statutory public holidays.
• Customer – a natural person, legal person or organisational unit without legal personality that places an Order in the Online Shop on the terms set out in these Terms and Conditions.
• Consumer - a Customer who is a natural person using the Online Shop for a purpose not directly related to their business or professional activity.
• Subject of the Transaction - the Goods and services listed and described on the Online Shop website.
• Goods – a movable item presented in the Online Shop to which the Sales Contract relates.
• Service – activities performed by the Seller for the Customer, including the hire of sports equipment and classes organised by the Bogdanca Academy.
• Bogdanca Academy – an educational programme offering sports and recreational classes aimed at developing participants’ sporting skills.
• Sales Contract – a contract for the sale of Goods and services within the meaning of the Civil Code (Kodeks cywilny), concluded between the Seller and the Customer using the Shop’s website.
• Order – the Customer’s declaration of intent that clearly specifies the type and quantity of Goods and services and is aimed directly at concluding a Sales Contract.
• Civil Code - the Act of 23 April 1964 (Journal of Laws (Dz.U.) No. 16, item 93, as amended).

§2 General provisions

These Terms and Conditions set out the rules for using the Online Shop available at bogdanca.pl.

A condition for the Customer to place an Order in the Online Shop is that they read these Terms and Conditions and accept their provisions when placing the Order.

The Seller conducts retail and wholesale sales and accepts specialist Orders for fulfilment through the Online Shop.

The Seller publishes information about the Goods and services in the Online Shop.

All Goods and services offered in the Online Shop are brand new, in their original packaging, free from physical and legal defects, and have been lawfully placed on the Polish market.

To place an Order in the Online Shop, the Customer must meet the following technical requirements necessary to work with the ICT system used by the Seller:

• Have an email account.
• Have a computer, smartphone or tablet with one of the following operating systems: Windows, Mac OS X, Linux or Android.
• Have a web browser installed in the following version or higher: Internet Explorer - version 9, Chrome - version 46, Safari - version 8, Firefox - version 41, Opera - version 32.

The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice, respecting the personal rights, copyrights, property rights and intellectual property of the Seller and third parties.

The Customer is obliged not to supply content prohibited by law.

§3 Prices

All prices given in the Online Shop are gross prices in Polish zloty (they include all applicable taxes).

The delivery costs in the amount specified in §6 for the delivery method chosen by the Customer must be added to the price of the Goods.

§4 Placing orders

Orders are accepted by the Seller through the Online Shop.

Orders can be placed in the Online Shop 24 hours a day, 7 days a week, all year round.

Placing an Order consists of completing the order form in the Online Shop.

An Order is effective if the Customer correctly completes the order form and correctly provides their contact details: the exact address to which the Order is to be sent, as well as a phone number and email address.

If the details provided are incomplete, the Seller will contact the Customer. If it is not possible to contact the Customer, the Seller has the right to cancel the Order.

During the ordering process, the Customer receives a fiscal receipt or may request a VAT invoice. The document will be sent with the parcel or to the Customer’s email address given in the Order.

After the Customer has placed an effective Order, they will receive an automatic reply from the shop confirming receipt of the Order.

Fulfilment of the Order begins once the Customer has made payment or, if the Customer has chosen payment on delivery of the Goods, from the moment the Order is placed.

If the ordered Goods are out of stock in the warehouse, the Seller will inform the Customer of this fact and of the resulting extension of the Order fulfilment time without delay, and at the latest within 48 hours.

The sales contract is concluded in Polish.

The Online Shop sells within Poland.

§5 Methods of payment for the Order

The Seller makes the following methods of payment under the Sales Contract available to the Customer:

• Cash payment on collection of the order at one of our shops.
• Cash on delivery when the parcel is received.
• Bank transfer to the Seller’s bank account.
• Payment through one of the available electronic payment systems.

Seller’s bank account:
Bank: mBank
Account number: 95 1140 2004 0000 3302 8130 2968

§6 Delivery cost, methods and time

The Order is sent to the address given in the order form. The Customer will be informed without delay if the order form has been completed incorrectly in a way that prevents dispatch or may delay it.

The Seller makes the following delivery methods available to the Customer:

• InPost parcel locker (Paczkomat)
• InPost courier
• InPost courier, cash on delivery
• PolKurier courier

The total order fulfilment time is a maximum of 30 days from the date on which the Customer places the order; however, the Online Shop makes every effort to fulfil orders as quickly as possible.

The Customer is charged the following delivery costs:

• Delivery to an InPost parcel locker (Paczkomat): PLN 15 gross
• Courier delivery: PLN 25 gross
• Cash-on-delivery courier delivery: PLN 25 gross

The time for delivery of the Goods to the Customer is up to 14 Working Days, unless a different time is given in the description of the Goods concerned.

§7 Withdrawal from the contract

A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs.

To meet this deadline, it is sufficient to send the statement to the Seller’s address before the deadline expires.

A model withdrawal form is available on the Online Shop website under the “Withdrawal from the contract” tab and is attached to the Order confirmation email.

The Consumer may use the model form, but doing so is not mandatory.

The Consumer is obliged to return the Goods to the Seller without delay, and no later than 14 calendar days from the day on which they withdrew from the contract.

To meet the deadline, it is sufficient to send the Goods back before it expires. The Consumer may return the Goods to the Seller’s address:

Bogdanca store in Poznań
ul. 28 czerwca 1956 roku nr 128, 61-526 Poznań

The Consumer bears the direct costs of returning the item in connection with withdrawal from the contract.

In the event of withdrawal from the contract, the Consumer is refunded all payments received from them (no later than within 14 calendar days), including delivery costs.

The exception is where the Consumer has chosen a method of delivery of the goods other than the cheapest one available in the Online Shop.

In such a case, the Consumer covers the delivery costs.

The Consumer is liable for any reduction in the value of the Goods resulting from using them in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

§8 Complaints procedure

The Seller is obliged to deliver Goods and services to the Customer free from defects.

The basis and scope of the Seller’s liability towards the Customer are determined by generally applicable law, in particular the Civil Code.

The Seller is liable to the Customer if the Goods or service have a physical or legal defect (statutory warranty).

Complaints may be submitted by the Customer, for example:

• In writing to the Seller’s address: Bogdanca Sp. z o.o., ul. 28 czerwca 1956 roku nr. 128, 61-526 Poznań.
• Electronically, by email, to the Seller’s address.

The Customer is advised to include the following details in the description of the complaint:

• First name and surname.
• Address.
• Email address.
• The date the order was placed.
• The subject of the complaint, stating what is requested.
• All circumstances justifying the complaint.

The Customer will be informed of the outcome of the complaint by email or by traditional post.

When submitting a complaint, the product concerned must be delivered to the Seller together with the complaint notification.

If, owing to the nature of the product, delivering it would be excessively difficult for the Customer, the Customer is obliged to make the product available to the Seller at the place where the product is located.

The Seller will respond to the Customer’s complaint without delay, and no later than 14 calendar days from the date it was submitted. If the Seller fails to respond within this period, the Seller is deemed to have accepted the complaint as justified.

If the complaint is resolved in the Customer’s favour, the Seller will repair the goods concerned, replace them with new goods of full value, or refund the value of the Goods purchased.

§9 Bogdanca Academy

The Bogdanca Academy offers a variety of sports and recreational classes aimed at developing skills and promoting an active lifestyle.

The classes are run by qualified instructors and are intended for people of different ages and different levels of ability.

Detailed information about the classes available, the timetable and the costs can be found on the Bogdanca Academy website at bogdanca.pl/akademia.

§10 Out-of-court methods of handling complaints and pursuing claims

A Customer who is a consumer has, among others, the following options for using out-of-court methods of handling complaints and pursuing claims, including:

• The Consumer is entitled to apply to a permanent consumer arbitration court operating at the Trade Inspection (Inspekcja Handlowa) for the resolution of a dispute arising from a concluded sales contract.
• The Consumer is entitled to apply to the provincial inspector of the Trade Inspection 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 the Consumer and the Seller, including by using the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (among others, Federacja Konsumentów (the Consumer Federation) and Stowarzyszenie Konsumentów Polskich (the Association of Polish Consumers)). Advice is provided by Federacja Konsumentów on the free consumer helpline 800 007 707 and by email at porady@dlakonsumentow.pl.
• The Consumer may submit a complaint via the EU online dispute resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.

§11 Final provisions

A Customer who has an account in the Online Shop will be informed of any change to the Terms and Conditions by email.

A Customer who does not accept the changes made to the Terms and Conditions has the right to delete their account at any time.

Orders placed by the Customer before the changes to the Terms and Conditions come into force will be fulfilled in accordance with the previous provisions of the Terms and Conditions.

In matters not governed by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the Provision of Electronic Services (ustawa o świadczeniu usług drogą elektroniczną), the Consumer Rights Act (ustawa o prawach konsumenta) and other relevant generally applicable provisions.

Disputes arising from the application of these Terms and Conditions and in connection with the performance of contracts concluded between the Seller and Customers will be heard by the court having jurisdiction under the provisions on subject-matter and territorial jurisdiction in accordance with the Code of Civil Procedure (Kodeks postępowania cywilnego) of 17 November 1964.

The controller of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed solely for the purpose of issuing an invoice or bill, or for financial reporting. Providing personal data is voluntary. Every person whose personal data the Seller processes has the right to access their content and the right to update and correct them.

§12 Bogdanca equipment hire terms

General provisions

The sports equipment hire business is run by BOGDANCA sp. z o.o., with its registered office at ul. Żybura 2, 63-230 Witaszyce, entered in the register of entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register (Sąd Rejonowy Poznań - Nowe Miasto i Wilda w Poznaniu, IX Wydział Gospodarczy Krajowego Rejestru Sądowego), KRS number: 0000923595, NIP (tax ID): 6172220601, tel.: 62 310 06 13, email: kontakt@bogdanca.pl (hereinafter also referred to as the “Hire Shop”).

Equipment is hired out and returned on the following days: ___________ during the following hours: ______________.

The Hire Shop does not provide delivery or collection of hired equipment.

Rules for hiring equipment

Pursuant to Article 659 of the Civil Code, the Hire Shop hires out (rents) for a fee the sports equipment specified in the price list constituting Annex No. 3 to these terms, available at the Hire Shop at ___________________ and on the website ____________________.

The Hirer will receive the sports equipment for use after reading these terms, signing the declaration constituting Annex No. 1 to these terms, presenting a photo identity document and paying the hire price in accordance with the applicable price list.

Payment in cash or by payment card is accepted as the applicable form of payment.

Minors may hire sports equipment only in the presence of a legal guardian or an adult de facto guardian, with that guardian’s consent and after the guardian has met the requirements of point 2 of these terms.

By paying the price and receiving a fiscal document in return, the Hirer confirms that they have received the sports equipment complete, free from defects and in good technical condition.

The contract is concluded when the sports equipment is handed over to the Hirer – in accordance with Annex No. 1 to these terms.

The Hire Shop staff may refuse to release sports equipment if the Hirer:

• does not agree to the hire conditions resulting from the price list and these terms,
• does not present the document referred to in point 2 or refuses to pay,
• is a minor and does not have the consent of their legal guardian,
• is in a state indicating the consumption of alcohol and the influence of intoxicating substances.

Duration of the contract

The contract is concluded for a fixed term.

The settlement period for the hire of sports equipment is the time interval given in the price list for each type of equipment.

Equipment is returned at the place where it was hired.

If equipment is returned after the agreed time, the Hire Shop charges a further fee in accordance with the applicable price list. The hire price is charged from the moment of hire until the moment the equipment is returned.

Hirer’s liability for hired equipment

The Hire Shop places at the Hirer’s disposal sports equipment that is in working order and specially prepared.

The Hirer declares that they have the necessary knowledge of how to use the sports equipment and undertakes to take care of the equipment and to use it safely and for its intended purpose.

When collecting the sports equipment, the Hirer should check its technical condition and completeness.

The Hirer undertakes to return the sports equipment in undamaged technical condition and within the time specified in §3 of these terms. The return and the condition of the equipment are confirmed by the Hire Shop staff and the Hirer signing a handover and return report (Annex No. 2). If the Hirer refuses to sign the report, the Hire Shop staff record this fact by making a note on the report.

The Hirer is liable for damages for any damage caused by improper use of the equipment, up to the full amount of the damage caused.

In the event of damage to sports equipment caused through the Hirer’s fault, the Hirer covers the cost of repair in accordance with the quote of the service centre that will repair the equipment.

The Hirer is not liable for normal wear and tear resulting from proper use of the hired sports equipment.

The Hirer may not carry out any repairs to the sports equipment themselves.

Personal data

The controller of the personal data of the Hire Shop’s Customers is BOGDANCA sp. z o.o., with its registered office at ul. Żybura 2, 63-230 Witaszyce, entered in the register of entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register, KRS number: 0000923595, NIP (tax ID): 6172220601.

On matters relating to the processing of personal data, contact can be made as follows:

• By email: kontakt@bogdanca.pl
• By phone: 62 310 06 13.

The data controller has not appointed a Data Protection Officer. In connection with the booking of equipment or the conclusion of an equipment hire (rental) agreement, the following personal data of Customers will be processed: first name and surname, residential address, email address, phone number, bank account number, PESEL (Polish national identification number).

The personal data of Hirers will be processed in accordance with the law on personal data, solely for the purpose of entering into and performing the hire (rental) agreement, including the booking of equipment, the pursuit and defence of any claims, and the fulfilment of legal obligations incumbent on the data controller.

The provision of personal data by the Hire Shop’s Customers is voluntary, but it is necessary to perform the hire (rental) agreement.

The legal basis for the processing of the personal data of the Hire Shop’s Customers by the data controller is:

• the necessity to take steps at the Customer’s request before concluding the hire (rental) agreement or to perform the hire (rental) agreement with the Customer (Article 6(1)(b) GDPR),
• the fulfilment of legal obligations imposed on the data controller (Article 6(1)(c) GDPR),
• the legitimate interest pursued by the data controller, in particular the establishment, pursuit or defence of claims (Article 6(1)(f) GDPR).

The recipients of Customers’ personal data may be entities acting on behalf of the Controller and on its instructions which supply and support the Controller’s ICT systems.

The Hire Shop processes customers’ personal data for the period of the equipment booking, for the term of the hire agreement and until any claims become time-barred.

To the extent permitted by law, a Hire Shop Customer has the right to access their data, to rectification, erasure or restriction of processing, and to data portability. A Hire Shop Customer may also object to a particular processing operation based on legitimate interest on grounds relating to their particular situation, unless the data controller’s grounds for processing override the interests, rights and freedoms of the Customer.

In case of any doubts relating to the processing of personal data, the Customer may contact the data controller and request information. Regardless of the above, the Customer has the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

The Participant’s personal data are not transferred to third countries outside the European Union or the European Economic Area.