STATUTE

REGULATIONS FOR THE PROVISION OF ELECTRONICAL SERVICES www.bengshop.pl

1. General provisions
   1. The Seller provides Services in accordance with the Regulations and provisions of generally applicable law.
   2. The Services are provided via the Store's website 24 hours a day, 7 days a week.
   3. The Seller makes these Regulations available on the Store's website and may make them available in the Customer's Account or attach them to e-mails containing declarations of acceptance of Customers' offers. Customers may at any time: access the Regulations, record, obtain and reproduce them by printing or saving them on a data carrier.
   4. In order to use the Store, the Customer must have an IT device with access to the Internet, a correctly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript enabled, and active and a correctly configured e-mail account.
   5. Using the Store may involve the Customer incurring costs of fees for access to the Internet and data transmission, to the extent established in the contract with the telecommunications operator whose services the Customer uses.
2. Registration of an account in the store
   1. The contract for the provision of the Customer Account Service is concluded for an indefinite period when the Seller confirms the registration of the Customer Account.
   2. The subject of this Customer Account Service is to provide the Customer Account panel, enabling, among others: Customer data and order management.
   3. To create a Customer Account, you must register voluntarily and free of charge. It is done by completing and sending the registration form to the Seller, which is available on the Store's website.
   4. The condition for the correct completion of the registration form is to complete all mandatory and optional fields using true, complete and customer-related data or information.
   5. Before sending the registration form, by checking the appropriate box, the Customer should declare that he has read the Regulations and accepts their provisions.
   6. Before sending the registration form, by selecting the appropriate form, the Customer may voluntarily declare that he consents to the processing of his personal data for marketing purposes by the Seller.
   7. The Seller informs that the marketing purposes indicated above may include, in particular, sending commercial information by the Seller using the Customer's contact details. The consent provided for in the above point may be withdrawn at any time.
   8. The registration form is sent to the Seller using the Store's functionality and through it.
   9. Using the Customer Account is possible after creating it and then logging in using the appropriate login and password.
   10. Termination of the contract for the provision of the Customer Account Service may be made without giving a reason and at any time, using its functionality or by sending the Customer's declaration on this subject to the Seller, e.g. by e-mail or letter.
3. Basic functionalities of the store
   1. The Seller provides the Customer with the following basic functionalities of the Store:
      • providing a chat with the Seller,
      • providing a Goods search engine,
      • inquiry about Goods,
      • entering an opinion about the Goods,
      • Goods order,
      • adding the Goods to the storage room,
      • making the advertising offer of the Goods available on social media.
   2. To use the chat functionality with the Seller, enter the desired content in the chat field and then send a message to the Seller. If the chat is in "online" mode, the Seller responds immediately via the chat functionality.
   3. To search for Goods in the Store, enter the desired content in the Store's search engine area and then confirm it. The functionality allows you to search the Store's resources using keywords entered by the Customer. Additionally, the functionality may enable you to perform an advanced search within selected criteria.
   4. To ask the Seller about the Goods, you can use the Goods inquiry functionality. The Seller will provide this information immediately, using the functionality of the Store, by phone or electronically by sending an e-mail.
   5. To enter an opinion about the Product, use the opinion form by completing its mandatory fields and entering the declared rating or content. The functionality may allow you to give a rating on a marked scale. The Seller may require that posting a comment regarding the Goods or Service available in the Seller's offer be preceded by the Customer's declaration that he has purchased or used the Goods that are the subject of the opinion or comment.
   6. To recommend the Goods to third parties, you must use the Goods' recommendation functionality. The subject of the functionality is the provision of a Goods order form in order to send a message about the Goods to a third party indicated by the Customer.
   7. To use the functionality of adding Goods to the storage room, after logging in to the Customer Account, you must add the Goods to the storage room. The subject of the functionality is the temporary saving in the memory of the Customer Account, the website containing the advertising offer of the Goods.
   8. To use the functionality of making the advertising offer of the Goods available on social media, use the buttons assigned to these media, published in the area of the advertising offer of the Goods. In order to use this functionality, you are required to have a user account in the selected social media.
   9. Using some of the listed functionalities may require having a Customer Account and logging in to it. The Seller reserves the right to temporarily disable or introduce new functionalities.
4. Orders placed via the Store
   1. Orders for Goods can be placed via the Store's website 7 days a week, 24 hours a day, using the Shopping Cart function. After completing the list of orders for Goods, the Customer proceeds to the order in the Cart area.
   2. After completing the order list of Goods, in the Basket area the Customer enters or selects:
      • billing information,
      • delivery information, including the method and address of delivery,
      • payment method.
   3. If the Customer is a logged in Customer Account holder, he or she proceeds to the next stage of placing the order.
   4. If the Customer is not a logged in Customer Account holder, he or she selects the method of placing an order:
      • using the Customer Account that will be registered. Then the Customer registers a Customer Account and uses it to proceed to the next stage of placing the order,
      • without using the Customer Account. Then the Customer goes to the next stage of placing the order,
      • using your existing Customer Account. The customer then proceeds to the next stage of placing the order.
   5. Placing an order is preceded by the Customer receiving, by displaying in the Basket area, information about the total price for the order along with taxes and related costs, in particular delivery and payment costs.
   6. The price of the Goods or the remuneration for the Goods shown on the Store's website are given in Polish zlotys and include taxes. About the total price or remuneration including taxes, and if the nature of the Goods does not allow, reasonably, for prior calculation of the amount - the method in which they will be calculated, as well as the delivery costs (including fees for transport, delivery or postal services) and about other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the Store's website, including when placing an order and when the Customer expresses his will to be bound by a Sales Agreement. In the event of a Goods Sale agreement concluded for an indefinite period or including a subscription, the Seller shall provide in the same way the total price or remuneration covering all payments for the settlement period, and if the sales agreement provides for a fixed rate - also the total monthly payments.
   7. Placing an order may be made by using the appropriate button in the Cart and is tantamount to the Customer submitting to the Seller an offer to conclude a Sales Agreement for the Goods included in the order.
   8. Before sending the order form, by checking the appropriate checkbox, the Customer should declare that he has read the Regulations and accepts their provisions.
   9. The placed order may be changed by the Customer until the Seller receives information about sending the Goods.
   10. Changing the order may include its cancellation, partial cancellation, extension with additional Goods, or change of the Delivery address.
   11. After placing the order, the Seller immediately confirms its receipt and simultaneously accepts the order for execution. Confirmation of receipt of the order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
5. Sales
   1. The Seller provides Customers with the Distance Sales of Goods Service.
   2. The subject of the Sales Agreement includes the Seller's obligation to transfer ownership of the Goods to the Customer and deliver them, as well as the Customer's obligation to collect the Goods and pay the Seller the price of the Goods.
   3. The Seller reserves the right to conduct promotional campaigns, in particular reducing the price of Goods or Services until a specific date or exhausting the stock of Goods subject to promotion.
   4. By concluding a Sales Agreement, the Seller undertakes to provide the Customer with Goods without defects.
   5. The Sales Agreement is concluded upon confirmation of acceptance of the Customer's order by the Seller, referred to in §4 section 11.
   6. The Goods are released each time on the date specified in the Goods description on the Store's website.
   7. In the case of Goods with different delivery dates, the delivery date is the date indicated for the Goods, which is the longest.
   8. The delivery time of the Goods may change if the Customer changes the order.
   9. The Goods are released:
      • if the Customer chooses the Delivery option via a Carrier, on Business Days to the address provided by the Customer,
      • if the Customer chooses the option of Delivery to a Parcel Locker via the Carrier, on Business Days to the Parcel Locker selected by the Customer,
      • if the Customer chooses personal collection of the Goods, at the following address: Nova Beng Dance School, ul. Ordona 7, 40-164 Katowice from Monday to Friday during store opening hours. The time to collect a paid order is 7 days from the receipt of the e-mail in the case of paid orders and 4 days in the case of unpaid orders.
   10. The beginning of the delivery period of the Goods to the Customer is counted as follows:
       • if the Customer chooses to pay by cash or card on delivery, cash on delivery from the Carrier - from the date of placing the order.
       • if the Customer chooses the payment method by transfer - from the date of crediting the Seller's bank account or settlement account.
   11. Detailed information on available delivery methods, carriers and related costs is published on the Store's website, and the Customer is informed about them during the ordering process.
   12. The Goods are released no earlier than after the Customer has paid.
   13. Confirmation of the release of the Goods to the Carrier for Delivery may be made by sending an e-mail to the Customer's e-mail address.
   14. The risk of accidental loss or damage to the item passes to the Consumer upon its delivery to the Consumer.
   15. If the Customer chooses the Delivery via Carrier option, it is recommended that the delivered shipment be examined by the Customer in the presence of the Carrier.
   16. If damage to the shipment is found, the Customer has the right to demand that the Carrier prepare an appropriate report.
6. Payments
   1. The value of payment for Sales is determined based on the price list of the Goods, available on the Seller's website at the time of ordering the Goods.
   2. The prices given on the Store's website for a given Good are gross prices in Polish zloty and include VAT, but do not include the costs of Delivery of the Goods and the selected form of payment.
   3. The costs of the transaction and Delivery of the Goods are borne by the Customer.
   4. The total price of the order, visible in the Basket area before placing the order and after selecting the method of Delivery of the Goods and payment, includes the price for the ordered Goods along with tax liabilities and all related costs, in particular Delivery and transaction costs.
   5. The total price of the order is binding for the Seller and the Customer.
   6. The Seller enables the following payment methods for the Sales Services provided:
      • cash or payment card upon delivery, cash on delivery from the Carrier,
      • by traditional transfer to the Seller's bank account number: 63 1950 0001 2883 5923 6000 0009,
      • using an external PayPo deferred payment system operated by PayPo Sp. z o. o. based in Warsaw (02-672) at ul. Domaniewska 37, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000575158, NIP: 5213705997 and REGON: 362485126,
      • using the external payment system Przelewy24, operated by PayPro SA with its registered office in Poznań (60-327) at ul. Kanclerska 15, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000347935, NIP: 7792369887 and REGON: 301345068,
      • using the external PayPal payment system operated by PayPal S.à r.l. et Cie, S.C.A. based in Luxembourg.
   7. The customer is obliged to pay:
      • within 24 hours - if you choose the payment method by traditional transfer,
      • at the time of placing the order - if you choose a payment method using an external payment system. If the payment has not been processed, we wait 24 hours for payment.
   8. The payment will be refunded by the Seller immediately, no later than 14 days from the date of the cause, in the event of:
      • withdrawal from the contract by the Consumer,
      • the Customer's resignation from the order or part of the order paid before execution
      • the Seller's recognition of the claim covered by the complaint in whole or in part, pursuant to generally applicable regulations.
   9. The payment is refunded using the same payment method that was used by the Customer in the original transaction, unless he agrees to a different solution that does not involve any costs for him.
   10. The Seller is not obliged to refund the additional costs of Delivery of the Goods incurred by the Customer if the Customer has chosen a method of Delivery of the Goods other than the cheapest regular method of Delivery offered by the Seller.
7. Newsletter
   1. The subject of this newsletter service is the Seller's provision of sending commercial information to the Customer's e-mail address.
   2. To order the newsletter Service, please use the appropriate newsletter activation field in the registration form or in another form provided by the Seller on the Store's website.
   3. The condition for correctly ordering the newsletter service is to provide the customer's e-mail address. Providing this data is voluntary, but necessary to provide the Service and conclude a contract regarding it.
   4. Before sending the order form for the Newsletter Service, by checking the appropriate checkbox, the Customer may voluntarily declare that he consents to the processing of his personal data for marketing purposes by the Seller.
   5. The Seller informs that the marketing purposes indicated above may include, in particular, sending commercial information by the Seller using the Customer's contact details. The consent provided for in the above point may be withdrawn at any time.
   6. The newsletter service order form is sent to the Seller using the functionality of the Store and through it.
   7. The contract for the provision of the newsletter service is concluded for an indefinite period when the Seller confirms the Customer's subscription to the newsletter list.
   8. Termination of the contract for the provision of the Newsletter Service may be made without giving a reason and at any time, using, among others: the functionality of the Store or unsubscribing using the deactivation link located in the newsletter message area, as well as by sending the Customer's declaration in this regard to the Seller. , for example in an email or letter.
8. Warranty - complaints
   1. The basis and scope of the Seller's statutory liability are specified in generally applicable provisions of law, in particular the Civil Code, the Act on Consumer Rights and the Act on the Provision of Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller's liability for the compliance of the Goods with the Sales Agreement provided for by law is provided below.
      • In the event of a complaint about Goods - movables - purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022, are determined by the provisions of the Civil Code in the version in force until December 31, 2022, in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Goods have a physical or legal defect (warranty). Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Goods purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
      • In the event of a complaint about Goods - movable items (including movable items with digital elements), but excluding movable items that serve only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, are specified provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Goods with the Sales Agreement.
   2. Complaints may be submitted by letter or e-mail to the postal or electronic address of the Seller. They can be submitted using the form, the template of which is attached to the Regulations, but this is not obligatory.
   3. In the content of the complaint, it is recommended to include:
      • the Consumer's contact details, which will be used to respond to the complaint and conduct related correspondence,
      • the Consumer's bank account number, which will be used to refund the funds in the event of such a circumstance,
      • description of the problem and identification data of the Consumer.
   4. If the complaint concerns Goods that are an item, in order for the complaint to be considered by the Seller, the Consumer is obliged to deliver or send the complained Goods to the Seller's address, at the Seller's expense. If, due to the type of Goods or the method of their installation, delivery of the Goods would be excessively difficult, the Consumer is obliged to make the Goods available to the Seller in the place where the Goods are located.
   5. The Seller recognizes the complaint within 14 days from the date of notification.
   6. The Seller informs the Consumer about how to resolve the received complaint electronically or by regular mail, depending on the Consumer's will or the method of filing a complaint.
   7. If the complaint concerns Goods which, after considering the complaint, are sent to the Consumer, the Seller will deliver or send the Goods to the Consumer's address at his own expense.
   8. Refund in connection with a complaint will be made by transfer to a bank account or by postal order, in accordance with the Consumer's will.
   9. Contained in point 8 section 1, indent two of the Regulations, the provisions relating to the consumer also apply to a Customer 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. economic activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity
9. Out-of-court handling of complaints and pursuing claims
   1. Methods of resolving disputes without court participation include (1) enabling the parties' positions to be approximated, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, rules of access to these procedures and a friendly search engine for entities dealing with amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne .uokik.gov.pl/.
   2. There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone - by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail - by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
   3. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
   4. A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
10. Withdrawal from the contract
    1. The provisions contained in this article regarding the right to withdraw from the contract by Consumers apply to 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 from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
    2. The consumer may withdraw from the contract, including the Sales contract, without giving a reason within 14 days, subject to the standards specified in the information on withdrawal from the contract, which constitutes an annex to the Regulations.
    3. The Consumer is not entitled to withdraw from the contract, among others: in relation to the Sales contract:
       • for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract and has acknowledged this fact,
       • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract,
       • in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to meet his individual needs,
       • in which the subject of the service is Goods that deteriorate quickly or have a short shelf life,
       • in which the subject of the service is Goods Delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after Delivery,
       • in which the subject of the service are Goods which, after Delivery, due to their nature, are inseparably connected with other things,
       • in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control,
       • in which the consumer has expressly requested the entrepreneur to come to him for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or supplies goods other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or goods,
       • in which the subject of the service are sound or visual recordings or computer programs Delivered in a sealed package, if the package was opened after Delivery,
       • for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
       • concluded by public auction,
       • for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision,
       • for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay a price, if the entrepreneur commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has completed the provision, he will lose the right to withdraw from the contract, and took note of this and the entrepreneur provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1,
       • a declaration of services for which the consumer is obliged to pay the price, for which the consumer has expressly requested the trader to come to him for repairs and the service has already been fully performed with the express and prior consent of the consumer,
    4. In other cases, the Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration can be submitted on a form, the template of which is an annex to the Regulations.
    5. Immediately, but no later than within 14 days from the date on which the Consumer withdrew from the contract, he is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller. To meet the deadline, it is enough to return the Goods before its expiry. This provision does not apply if the Seller has offered to collect the Goods himself.
    6. The Consumer is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
    7. In the event of withdrawal from the contract, it is deemed not to have been concluded.
    8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method available in the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
    9. In the case of Goods - the Consumer bears the direct costs of returning the Goods.
    10. In the case of Goods - a service, the performance of which - at the express request of the Consumer - began before the deadline for withdrawal from the contract, the Consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the moment of withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
11. Data and cookie processing
    1. Information about the conditions of personal data processing can be found in the Store's Privacy and Cookies Policy.
    2. Information about the cookies used can be found in the Store's Privacy and Cookies Policy.
12. License terms
    1. The Seller grants Customers using the Store a free license for their own personal use and to enable the use of the Store, subject to these conditions.
    2. Name of the Store, graphic design of the Store, structure of the Store, Store, source or compiled code of the Store, websites used to operate the Store and all documents developed by the Seller in connection with making the Store available, including related works, including the Regulations and other documents or messages sent in connection with the provision of services constitute works within the meaning of copyright provisions. The Seller does not transfer to the Customer the economic copyrights to the Store or any works constituting part of it, nor the right to grant permissions to dispose of the economic copyrights to these works or the Store and to use them, as well as to exercise other dependent rights not reserved in the license terms.
    3. The right to use the Store and related works applies in the following fields of use: saving and reproducing in the memory of a telecommunications device at a place and time chosen by you, and access and display via a telecommunications device at a place and time chosen by you.
    4. The Customer may not: rent, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove information about ownership rights or copyrights that may appear in the works, use the works for purposes infringing applicable provisions of common law or ethical and moral standards.
    5. The license is unlimited in time, unlimited in territory and non-exclusive, and applies to the entire Store and related works. The Seller retains exclusive rights to determine the integrity of the Store.
    6. By publishing any content in the Store, in particular: comments or opinions, the Customer grants the Seller a free, unlimited in time, territorially and non-exclusive license to use them in the following fields of use: publication on the Store's website, saving and reproducing in the device's memory telecommunications at a place and time chosen by you, access and display via a telecommunications device at a place and time chosen by you, while retaining the right to grant sublicenses referred to in the points above, in order to enable Customers to use the Store.
    7. The Customer acknowledges that it is prohibited to provide the following content to the Store or through it:
       • unlawful,
       • that may mislead other customers,
       • violating the personal rights of Customers, the Seller or third parties,
       • generally considered offensive, vulgar or violating decency, in particular: pornographic content, content promoting the use of drugs or excessive alcohol consumption, content inciting racism, xenophobia or spreading hatred.
    8. The Seller is entitled to remove or moderate content that violates the provisions of the Regulations.
13. Illegal content and other content inconsistent with the regulations
    1. This point of the Regulations contains provisions arising from the Digital Services Act regarding the Store and the Customer. The Customer is generally not obliged to provide content when using the Store, unless the Regulations require providing specific data (e.g. data for placing an order). The Customer may be able to add an opinion or comment in the Store using the tools provided for this purpose by the Seller. In each case of providing content by the Customer, he is obliged to comply with the rules contained in the Regulations.
    2. CONTACT POINT - The Seller designates the e-mail address bengshop24@gmail.com as a single point of contact. The contact point enables direct communication of the Seller with the authorities of the Member States, the European Commission and the Digital Services Council and at the same time enables service recipients (including Customers) direct, fast and friendly communication with the Seller by electronic means, for the purposes of applying the Digital Services Act. The seller indicates the Polish language for communication with his contact point.
    3. Procedure for reporting Illegal Content and actions in accordance with Art. 16 of the Digital Services Act
       • Any person or entity may report to the Seller the presence of specific information that the person or entity considers to be Illegal Content to the e-mail address bengshop24@gmail.com.
       • The notification should be sufficiently precise and properly justified. For this purpose, the Seller enables and facilitates submission of reports containing all of the following elements to the e-mail address provided above: (1) a sufficiently substantiated explanation of the reasons why a given person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the precise electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) name and surname or name and e-mail address of the person or entity making the report, with the exception of reports regarding information considered to be related to one of the crimes referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement that the reporting person or entity has a good faith belief that the information and allegations contained herein are accurate and complete.
       • The notification referred to above is deemed to constitute the basis for obtaining actual knowledge or information for the purposes of Art. 6 of the Digital Services Act in relation to the information it concerns, if it enables the Service Provider acting with due diligence to determine - without a detailed legal analysis - the illegal nature of a given activity or information.
       • If the notification contains electronic contact details of the person or entity that submitted the notification, the Seller shall, without undue delay, send such person or entity confirmation of receipt of the notification. The Seller shall also notify such person or entity without undue delay of its decision with respect to the information covered by the notification, providing information on the possibility of appealing the decision.
       • The Seller shall consider all reports it receives under the mechanism referred to above and make decisions with respect to the information referred to in the reports in a timely, non-arbitrary and objective manner and with due care. If the Seller uses automated means for such consideration or decision-making, it shall include information on this subject in the notification referred to in the previous point.
    4. Information on the restrictions that the Seller imposes in connection with the use of the Store, in relation to information provided by Customers. The Customer is bound by the following rules when providing any content within the Store:
       • the obligation to use the Store, including posting 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 practices, taking into account the respect for the personal rights and copyrights and intellectual property of the Seller and third parties;
       • the obligation to enter content consistent with the facts and in a non-misleading manner;
       • prohibition on providing illegal content, including the prohibition on providing Illegal Content;
       • prohibition on sending unsolicited commercial information (spam) via the Online Store;
       • prohibition on providing content that violates generally accepted rules of netiquette, including content containing vulgar or offensive content;
       • the obligation to have - if necessary - all required rights and permissions to provide such content on the Online Store's websites, in particular copyrights or required licenses, permissions and consents for their use, dissemination, sharing or publication, especially the right to publish and dissemination in the Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties;
       • the obligation to use the Store in a way that does not pose a threat to the security of the IT system of the Seller, the Store or third parties.
    5. The Seller reserves the right to moderate the content provided by Customers to the Store's website. Moderation is carried out in good faith and with due diligence and on the Seller's own initiative or upon a received report in order to detect, identify and remove Illegal Content or other content inconsistent with the Regulations or to prevent access to them 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 out in the Digital Services Act or the requirements contained in the Regulations.
    6. The moderation process may be performed manually by a human or based on automated or partially automated tools that help the Seller identify Illegal Content or other content inconsistent with the Regulations. After identifying such content, the Seller decides whether to remove or prevent access to the content or otherwise limits its visibility or takes other actions deemed necessary (e.g. contacting the Customer to clarify reservations and change the content). The Seller will, in a clear and easily understandable way, inform the Customer who provided the content (if we have his contact details) about his decision, the reasons for making it and the available options for appealing against this decision.
    7. When implementing its rights and obligations under the Digital Services Act, the Seller is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legally justified interests of all parties involved, including service recipients, in particular taking into account the rights set out in the Charter of Rights. fundamental rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedoms.
    8. Any comments, complaints, complaints, appeals or reservations regarding decisions or other actions or lack of actions taken by the Seller based on the notification received or the Seller's decision made in accordance with the provisions of these Regulations may be reported in a manner analogous to the complaint procedure. Using this procedure is free of charge and allows you to submit complaints electronically to the provided e-mail address. The use of the complaint procedure is without prejudice to the right of the person or entity concerned to bring proceedings before a court or other rights.
    9. The Seller will consider any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of actions taken by the Service Provider based on the notification received or the decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Customer to believe that its decision not to take action in response to the report is unjustified or that the information to which the complaint relates is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action was not justifies the measure taken, the Seller shall without undue delay repeal or change its decision to remove or prevent access to the content or otherwise limit its visibility or take other actions it deems necessary.
    10. The Customer, persons or entities that have reported Illegal Content, to which the Seller's decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any extrajudicial dispute resolution body certified by the digital services coordinator of a Member State in order to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Seller's internal complaint handling system.
14. Validity and amendment of the regulations
    1. The Regulations enter into force within 3 days from the date of their publication on the Store's website.
    2. The Seller reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal provisions; changes in payment or delivery methods or timing, becoming subject to a legal or regulatory obligation; changes in the scope or form of the Services provided; adding new Services; the need to counteract unforeseen and direct threats related to the protection of the Store, including the Services and Customers against fraudsters, malware, spam, data breaches or other cybersecurity threats - to the extent that these changes affect the implementation of the provisions of these Regulations.
    3. The Regulations are amended by publishing their new content on the Store's website.
    4. The change to the Regulations does not apply to Sales contracts concluded before the date of its change.
    5. Information about changes to the Regulations is published on the Store's website within 3 days before the date of entry into force of its new wording.
    6. Notification of proposed changes is sent at least 3 days in advance before the date of entry into force of these changes, provided that the change may be introduced without observing the 3-day notice period in the event that the Seller: (1) is subject to a legal or regulatory obligation pursuant to which is obliged to change the Regulations in a way that makes it impossible for him to comply with the 3-day notice period; or (2) must exceptionally amend its Terms and Conditions to address an unforeseen and imminent threat related to protecting the Store, including the Services and Customers, from fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer deadline for introducing changes, which is each time notified by the Service Provider.
    7. In the case of continuous contracts, the Customer has the right to terminate the contract with the Seller before the expiry of the notification period about the proposed changes. Such solution becomes effective within 3 days from the date of receipt of the notification. In the event of concluding a continuous contract, the amended Regulations are binding on the Customer if he has been properly notified of the changes in accordance with the notification period before their introduction and has not terminated the contract during this period. Additionally, at any time after receiving notification of changes, the Customer may accept the changes and thus waive the further duration of the notification period. In the event of concluding an agreement of a different nature than continuous agreements, changes to the Regulations will not in any way violate the rights acquired by the Customer before the date of entry into force of the amendments to the Regulations, in particular, changes to the Regulations will not affect orders already placed or placed as well as concluded, implemented or completed orders. Sales Agreement.
    8. The Seller sends information about changes to the Regulations electronically if the parties are bound by a contract concluded for an indefinite period.
    9. If a change to the Regulations results in the introduction of any new fees or an increase in existing ones, the consumer has the right to withdraw from the contract.
15. Final Provisions
    1. The meaning of terms written with a capital letter is consistent with the explanations included in the section describing the definitions used in the Regulations.
    2. The Seller is not responsible for:
       • interruptions in the proper functioning of the Store and improper provision of Services caused by force majeure in relation to Customers who are not Consumers,
       • interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or reasons attributable to the entities through which the Seller provides Services,
       • benefits lost by Customers who are not Consumers.
    3. If it is not possible to resolve the dispute amicably between the Seller and a Customer who is not a Consumer or a Consumer who does not reside in the territory of the Republic of Poland, in circumstances where such a possibility is permitted by the provisions of its national law, the court having jurisdiction over the registered office of the Seller shall be deemed competent to resolve the dispute.
    4. Consolidation, security, disclosure and confirmation of the essential provisions of the Sales Agreement to the Customer takes place by sending the Customer an e-mail confirming the submission of the Order (durable medium). The content of the Sales Agreement is additionally recorded and secured in the online store's IT system. After concluding the Sales Agreement, the Seller provides the Customer with proof of purchase in electronic form or together with the shipment containing the Product. The order specification may also be attached to the shipment. If the Customer requests the issuance of a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by him. The Seller may introduce technical methods of authenticating the Customer before downloading the proof of purchase or VAT invoice.
    5. The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer arising from the provisions of generally applicable local law.
    6. In relation to contracts concluded with the Seller, in the event of non-compliance of the Regulations with the provisions of law generally applicable in the Consumer's country, these provisions shall apply.
    7. If the provisions of the Regulations turn out to be invalid or ineffective, this fact does not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of invalid or ineffective provisions, the norm corresponding to what the parties have agreed or what they would have agreed had they included such a provision in the Regulations will apply.
    8. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding a contract with the Seller, which cannot be excluded by contract. In such a case, the seller guarantees the consumer the protection granted to him under provisions that cannot be excluded by contract.
16. Definitions used in the regulations

Digital Services Act is the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the digital single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27/10/2022, pp. 1-102).

Business days are weekdays from Monday to Friday, excluding public holidays.

Delivery is the process of delivering the Goods to the Customer at the destination indicated by him, carried out through the Carrier.

The Client is a natural person, provided that he or she has full legal capacity or limited legal capacity in cases regulated by generally applicable law or provided that he or she has the consent of a statutory representative, as well as a legal person or an organizational unit without legal personality, for whose benefit the provisions of generally applicable law grant legal capacity to the person who concludes a contract with the Seller for the provision of the Service.

Customer Account is a panel that allows you to manage Customer orders via the Store, provided that you register and log in.

A consumer is a customer who is a natural person and concludes a contract for purposes not directly related to his or her business or professional activity.

The shopping cart is a functionality of the Store that allows the Customer to complete orders for Goods.

A parcel locker is an automatic locker or postal terminal used to collect parcels with Goods.

A Carrier is an entity providing Goods Delivery services in cooperation with the Seller.

The Regulations are these contractual terms and conditions, the subject of which is the provision of Services electronically by the Seller to Customers via the Store.

Store is a store run by the Seller via the website available on the Internet at the URL: bengshop.pl.

The seller is Magdalena Marycz, running a business under the name BENG MAGDALENA MARYCZ, based in Katowice (40-318) at ul. Mroźna 58, registered in the Central Registration and Information on Business run by the Minister of Development, under the NIP number 9542767027 and REGON number 364877712, being the service provider, administrator and owner of the Store. You can contact the Seller by phone: 660-751-536 and by e-mail: bengshop24@gmail.com.

Sales is a Goods sales service provided by the Seller to the Customer, the subject of which is the Seller's obligation to transfer ownership of the Goods to the Customer and release them, as well as the Customer's obligation to collect the Goods and pay the Seller the specified price.

Goods are items presented in the Store area by the Seller for the purpose of Sale.

Illegal content is an information which, by itself or by reference to the operation, including the sale of Goods or the use of Services, is not in accordance with European Union law or with the law of any Member State that is consistent with European Union law, regardless of the specific subject matter or the nature of that right.

The service is a service provided by the Seller to the Customer, based on an agreement concluded between the parties via the Store.

The contract is concluded as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.