Terms and Conditions

Terms and Conditions of the Pops & Bangs Online Store defining, among others, the rules for concluding sales agreements via the Store, including essential information about the Seller, the Store, and Consumer rights.

Provisions concerning privileged entrepreneurs apply to contracts concluded from January 1, 2021.

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Appendix No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

Working Days – Days from Monday to Friday, excluding public holidays.
Consumer – A consumer as defined by the provisions of the Civil Code.
Account – A free feature of the Store (an electronic service regulated by separate terms and conditions) that allows the Buyer to create an individual account in the Store.
Buyer – Any entity purchasing goods in the Store.
Privileged Buyer – A Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – A natural person entering into a contract with the Seller directly related to their business activity, but not of a professional nature (this definition applies to contracts concluded from January 1, 2021).
Terms and Conditions – These terms and conditions.
Store – The Pops & Bangs Online Store operated by the Seller at https://popsandbangs.com.
Seller – DAWID MIKOŁAJ ROBAK, a business owner conducting business under the name THE ROBAK DAWID ROBAK, registered in the Central Registration and Information on Business conducted by the Minister responsible for economy, NIP 8952235890, REGON 520537140, with the address: ul. Kasztanowa 17, 55-003 Nadolice Wielkie.

§ 2 CONTACT WITH THE SELLER

Postal Address: ul. Kasztanowa 17, 55-003 Nadolice Wielkie
Email Address: hello@popsandbangs.com
Phone Number: +48 693 282 502
Return Address (in case of withdrawal from the contract): Starodebowa 45, 51-251 Wroclaw, Poland
Address for sending defective goods (for complaints): Starodebowa 45, 51-251 Wroclaw, Poland

§ 3 TECHNICAL REQUIREMENTS

To ensure the proper functioning of the Store, the following are required:

A device with Internet access.
A web browser that supports JavaScript and cookies.

2. To place an order in the Store, in addition to the requirements specified in item 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

The prices of goods displayed in the Store are total prices for the goods.
The Seller highlights that the total price of the order includes the price of the goods and, if applicable, delivery costs as indicated in the Store.
The selected item for purchase must be added to the cart in the Store.
The Buyer then selects from the available options in the Store: the method of delivery and the payment method for the order, as well as providing the necessary details for order fulfillment.
The order is placed once the Buyer confirms its contents and accepts the Terms and Conditions.
Placing an order is equivalent to entering into a sales agreement between the Buyer and the Seller.
The Seller will provide the Privileged Buyer with a confirmation of the sales agreement on a durable medium no later than at the time of delivery of the goods.
The Buyer may register in the Store (i.e., create an Account) or make purchases without registration by providing their details with each order.

§ 5 PAYMENTS

Payment for an order can be made, depending on the Buyer’s choice:
- By standard bank transfer to the Seller’s bank account.
- By credit or debit card:
  - Visa
  - Visa Electron
  - MasterCard
  - MasterCard Electronic
  - Maestro
- Through the payment platform:
  - Przelewy24
- By card or cash upon personal collection of the goods.
If the Buyer chooses payment via the Przelewy24 platform, the entity providing online payment services is PayPro S.A.
If the Buyer chooses to pay in advance, payment for the order must be made within 3 Working Days from placing the order.
The Seller informs that for certain payment methods, due to their specifics, payment for the order is only possible directly after placing the order.
By making purchases in the Store, the Buyer agrees to the use of electronic invoices by the Seller. The Buyer has the right to withdraw their consent.

§ 6 ORDER FULFILLMENT

The Seller is obliged to deliver goods free from defects.
The order fulfillment time is specified in the Store.
If the Buyer selects advance payment for the order, the Seller will begin processing the order after receiving the payment.
If the Buyer purchases goods with different fulfillment times within a single order, the order will be fulfilled according to the timeframe applicable to the item with the longest fulfillment time.
Goods are delivered exclusively within the territory of the Republic of Poland.
Purchased goods are delivered depending on the delivery method chosen by the Buyer:
- Via a courier service.
- To InPost parcel lockers.

§ 7 RIGHT OF WITHDRAWAL

A Privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 14 days without providing any reason.
The withdrawal period expires after 14 days from the day:
- The Privileged Buyer takes possession of the goods or when a third party other than the carrier and indicated by the Privileged Buyer takes possession of the goods.
- The Privileged Buyer takes possession of the last item or when a third party, other than the carrier and indicated by the Privileged Buyer, takes possession of the last item in the case of a contract involving the transfer of ownership of multiple items delivered separately.
To exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract through a clear statement (e.g., a letter sent by post or an email).
The Privileged Buyer may use the withdrawal form template provided at the end of the Terms and Conditions, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the withdrawal notification before the withdrawal period expires.
The cost of returning the goods is covered by the Buyer.

CONSEQUENCES OF WITHDRAWAL

In the event of withdrawal from the contract, the Seller will refund all payments received from the Privileged Buyer, including delivery costs (except for additional costs resulting from the Buyer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), promptly and in any case no later than 14 days from the day the Seller is informed of the Buyer’s decision to withdraw from the contract.
The refund will be made using the same payment method as the Buyer used in the original transaction unless the Buyer expressly agrees otherwise; in any case, the Buyer will not incur any fees for this refund.
The Seller may withhold the refund until the goods are returned or proof of their return is provided, whichever occurs first.
The Seller requests that goods be returned to the following address: Starodebowa 45, 51-251 Wrocław, promptly and in any case no later than 14 days from the day the Buyer informs the Seller of the withdrawal. The deadline is met if the Buyer sends the goods back before the 14-day period expires.
The Privileged Buyer bears the direct cost of returning the goods.
The Privileged Buyer is only liable for any diminished value of the goods resulting from their use in a manner other than necessary to establish the nature, characteristics, and functioning of the goods.
If the goods, due to their nature, cannot be returned by ordinary post, the Privileged Buyer will also need to bear the direct costs of returning such goods. The estimated cost of return will be provided by the Seller in the product description in the Store or during the order placement.
If a refund for a transaction made with a payment card is required, the Seller will refund the amount to the bank account linked to that card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right to withdraw from a distance contract, as specified in § 7 of the Terms and Conditions, does not apply to contracts:

In which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Privileged Buyer or intended to meet their individual needs.
In which the subject of the service is an item that deteriorates quickly or has a short shelf life.
In which the subject of the service is an item delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery.
In which the subject of the service are items that, after delivery, are inseparably combined with other items due to their nature.
In which the subject of the service are audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery.
For the delivery of newspapers, periodicals, or magazines, except for subscription contracts.
In which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal deadline.

§ 9 COMPLAINTS

In the event of a defect in the goods, the Buyer has the option to file a complaint regarding the defective goods based on statutory warranty (as per the Civil Code) or a guarantee, if one has been provided.
When using the statutory warranty, the Buyer may, as per the provisions of the Civil Code:
- Submit a statement to reduce the price.
- Submit a statement to withdraw from the contract in the case of a significant defect.
- Demand the replacement of the item with one free from defects.
- Demand the removal of the defect.
The Seller is liable under the statutory warranty if a physical defect is discovered within two years of the date the item was delivered to the Buyer, as per the provisions of the Civil Code.
According to the Civil Code, a Buyer who is an entrepreneur, other than a Privileged Entrepreneur, loses their statutory warranty rights if they do not examine the item in time and in the manner customary for such items and do not promptly notify the Seller of the defect. If the defect is discovered later, the Buyer must notify the Seller promptly after its discovery.
The Seller requests that complaints based on the statutory warranty be submitted to the postal or electronic address provided in § 2 of the Terms and Conditions.
If it is necessary to return the defective goods to the Seller for the complaint to be processed, the Buyer is obliged to deliver the goods. For a Privileged Buyer, this is at the Seller’s expense, to the address: Starodebowa 45, 51-251 Wrocław.
If a guarantee has been provided for the goods, information about it, as well as its conditions, is available in the product description in the Store.
Complaints regarding the functioning of the Store should be directed to the email address provided in § 2 of the Terms and Conditions.
The Seller will process the complaint within 14 days.

OUT-OF-COURT METHODS FOR RESOLVING COMPLAINTS AND CLAIMS

If the complaint procedure does not bring the expected result for the Consumer, the Consumer may use, among others:
- Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. In principle, the procedure is free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for the case to be considered before the arbitration court. In principle, the procedure is free of charge. A list of courts is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free assistance from the municipal or district consumer ombudsman.
- The ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

The administrator of personal data provided by the Buyer during the use of the Store is the Seller.
Detailed information on the processing of personal data by the Seller, including other purposes and legal bases for data processing, as well as data recipients, is available in the Privacy Policy accessible in the Store, in accordance with the principle of transparency under the General Data Protection Regulation (GDPR).
The purpose of processing the Buyer’s data provided in connection with purchases in the Store is the fulfillment of orders. The legal basis for processing personal data in this case is:
- The contract or actions taken at the Buyer’s request to conclude the contract (Article 6(1)(b) GDPR).
- The Seller’s legal obligation related to accounting (Article 6(1)(c) GDPR).
- The Seller’s legitimate interest in processing data to establish, assert, or defend possible claims (Article 6(1)(f) GDPR).
Providing data by the Buyer is voluntary but necessary to conclude a contract. Failure to provide data will prevent the contract from being concluded in the Store.
Buyer’s data provided in connection with purchases in the Store will be processed until:
- The contract concluded between the Buyer and the Seller ceases to apply.
- The Seller is no longer legally obliged to process the Buyer’s data.
- The possibility of asserting claims by the Buyer or the Seller related to the contract concluded through the Store ceases.
- The Buyer objects to the processing of their personal data, if the legal basis for processing was the legitimate interest of the Seller.
- Depending on which condition applies and which occurs last.
The Buyer has the right to request:
- Access to their personal data.
- Rectification of their personal data.
- Erasure of their personal data.
- Restriction of data processing.
- Data portability to another administrator.
Additionally, the Buyer has the right to:
- Object to the processing of their data at any time for reasons related to their particular situation – in cases where their data is processed based on Article 6(1)(f) GDPR (legitimate interests pursued by the administrator).
To exercise these rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
If the Buyer believes that their data is being processed unlawfully, they may file a complaint with the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

It is prohibited for the Buyer to provide content of an unlawful nature.
Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the duration and purpose of fulfilling the order.
Agreements concluded based on the Terms and Conditions are made in the Polish language.
In the event of a dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court having jurisdiction over the Seller’s registered office.

Appendix No. 1 to the Terms and Conditions

Below is a template for the withdrawal form that the Consumer or Privileged Entrepreneur may, but is not required to, use:

TEMPLATE FOR WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

THE ROBAK DAWID ROBAK
ul. Kasztanowa 17, 55-003 Nadolice Wielkie
Email address: hello@popsandbangs.com

– I/We() …………………………………………………………… hereby inform you about my/our withdrawal from the contract of sale of the following goods() / for the provision of the following service(*):

…………………………………………………………………………………………………………………………………………………………

– Date of conclusion of the contract()/receipt():

…………………………………………………………………………………………………………………………………………………………

– Name(s) of the Consumer(s) / Privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

– Address of the Consumer(s) / Privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is submitted in paper format)

Date: ……………………………………..

(*) Delete as appropriate.