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Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE OPERATING UNDER THE DOMAIN WWW.BACKRAMP.COM AS OF JANUARY 1, 2024

The following Terms and Conditions define the general terms of sale applicable in our online store available at https://www.backramp.com. The business activity is registered in the Central Registration and Information on Business (CEIDG), maintained by the Minister of Economy.

1. Scope of the terms and conditions

The Terms and Conditions apply to all orders placed by Consumers and Entrepreneurs through our online store.

A Consumer, in accordance with Article 22 of the Civil Code, is a natural person transacting with an entrepreneur not directly related to their business or professional activity.

An Entrepreneur, in accordance with Article 43 of the Civil Code, is a natural person, legal person, and organizational unit not being a legal person, to which the law grants legal capacity, conducting an activity on their own behalf that is business or professional in nature.

Other or supplementary Terms and Conditions and General Commercial Terms applied by Entrepreneurs do not apply – they will only become part of the contract when we give explicit, written consent.

2. Conclusion of the contract

The sales contract is concluded with BACKRAMP.

The presentation of products in our online store constitutes an offer to conclude a sales contract. To enter into a contract, you must add selected products to the shopping cart and place an order. The shopping cart and data entered in forms can be modified before placing an order by using the available functionalities and messages displayed during the ordering process.

By clicking the button confirming and finalizing the order on the order summary page, you are placing a binding order for the products in the shopping cart. Once your order is received and registered in the information system of our online store, a sales contract is concluded. After placing the order, you will receive an email from us confirming the order and the conclusion of the contract.

3. Language and terms of recording the contract

The sales contract can be concluded in English or Polish.

We keep the content of the contract and send you an email with the order details and our Terms and Conditions. You can also check information about your orders via the customer account. The Terms and Conditions are also available on the website of our online store in a way that allows you to obtain, reproduce, and record the content.

4. Delivery of products

To the listed product prices, delivery costs must be added. Ordered products are delivered through courier companies cooperating with us. Detailed information about possible delivery methods and terms as well as shipping costs are presented during the ordering process and in a special information tab on our store's page.

5. Payments

In our online store, the following payment methods are available to you:

Traditional bank transfer to the bank account of our store. In the case of selecting this payment method – after placing the order, we will send you via email the details for making the transfer. Order processing will begin after the full payment required for the placed order is credited to our account.

Electronic payments (e-payments) through the PayPal online payment services.Available payment card options: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro

Detailed information about possible payment methods, including integrated online payment services with our store and available types of e-payments, as well as any additional costs, are presented during the ordering process and on our store's page in a special information tab concerning payment methods.

In the event of a need for a refund, the Seller will make the refund using the same payment method that was used by the consumer unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them.

6. Right to withdraw from the contract

Consumers are entitled to a statutory right to withdraw from the contract, in accordance with the information contained in the instruction on the right to withdraw from the contract.

The right to withdraw from the contract is also granted to natural persons who conclude a contract directly related to their business activity when it is clear from the content of this contract that it does not have a professional character for these persons within the meaning of Article 556 (4) of the Civil Code. Other entrepreneurs do not have the right to withdraw from the contract.

7. Damages incurred during transport

For Consumers: In the case of distance sales to a consumer, our store always bears the risk of accidental damage or loss of goods in transit. If the ordered products are delivered with obvious damages incurred during transport, please report such defects to the carrier as soon as possible and contact us. Delay in submitting such a complaint or making contact does not have any consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects described in the point below. However, reporting earlier helps us in pursuing our claims against the carrier or the transport insurer.

For Entrepreneurs (excluding natural persons concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for these persons within the meaning of Article 556 (4) of the Civil Code): The risk of accidental loss or accidental deterioration of the product is transferred to you at the moment of its delivery by us to the forwarder, carrier, or another person or institution responsible for carrying out the shipment. We are not responsible for the loss, shortage, or damage to the product from the time it is accepted for transport until it is delivered to you, nor for delays in the delivery of the shipment caused by the carrier.

8. Warranty, guarantees, and seller’s liability

For Consumers: We are obliged to deliver products (goods) free from defects. The statutory right of liability for defects in the sold item (the so-called warranty for defects) applies within the scope specified in Article 556 and subsequent articles of the Civil Code. We are liable under the warranty if a physical defect is found before two years have elapsed from the date of delivery of the item to you. In the case of a used movable item being the subject of the sale, the liability under the warranty is one year from the time of its delivery.

We commit to responding to any complaint immediately, no later than within 30 days from the day it is submitted. If executing rights under the warranty – if we find it necessary to consider the complaint, you are obliged to deliver the defective item to the aforementioned postal address at your expense. 

Information about any additional warranty and its detailed conditions are always attached to the product and available on the information pages of the online store.

For Entrepreneurs: In the case of a sales contract concluded with an Entrepreneur, under Article 558 § 1 of the Civil Code, the liability of our online store for warranty for defects in the goods is excluded.

The seller hereby reserves that he is not liable for any damage, loss or harm resulting from improper use of the product. The responsibility for the correct use and attachment of the product rests solely with the user. The user is obliged to familiarize themselves with the instructions and recommendations for use in order to avoid any possible damage.

9. Electronic services provided

To use our online store, including to browse the assortment and place orders, it is necessary to have a multimedia device with an installed internet browser and access to the Internet and email. In the browser settings, it is recommended to enable the ability to handle JavaScript scripts and the storage of Cookies. Users are obliged to use the online store in a manner consistent with the law and good manners, with a prohibition on providing unlawful content.

We take all necessary actions to ensure the fully correct operation of the website and interface of our online store as much as the current technical knowledge allows and we commit to removing in a reasonable time any irregularities and technical problems reported by users. The above also pertains to the option to sign up for the newsletter or the optional possibility to create a customer account – if these services are offered within our store. You can notify us of any detected irregularities or interruptions in the operation of the online store's website and services using the contact details indicated in the point above. In the complaint regarding irregularities related to the technical functioning of the online store's website, please indicate the type and date of the irregularity occurrence.

10. Out-of-court dispute resolution

We inform that Consumers have the possibility to use out-of-court means of complaint consideration and redress pursuit. Information on the access to the aforementioned mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl in the tab "Amicable resolution of consumer disputes".

Furthermore, at the address: http://ec.europa.eu/consumers/odr, Consumers have access to the online platform for consumer dispute resolution (ODR platform). The ODR platform is a multilingual, interactive website for the assistance of Consumers and entrepreneurs seeking out-of-court settlement of disputes arising from distance sales contracts or service contracts.

The use of the aforementioned out-of-court methods of claims pursuit and dispute resolution is voluntary and can take place only if both parties to the dispute (Consumer and seller) agree to it.

11. Final provisions

None of the provisions of these Terms and Conditions are intended to violate the statutory rights of the Consumer. In the event of any discrepancies between the provisions of these Terms and Conditions and the rights of Consumers arising from universally applicable laws – the statutory regulations will always apply in place of the contested provisions of the Terms and Conditions.

If you are an Entrepreneur, then for all contracts concluded with us, Polish law applies with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

If you are an Entrepreneur, a legal person of public law or a separate public-law entity, the court exclusively competent to settle all disputes arising from contractual relationships between us and you will be the court appropriate for our headquarters. The preceding sentence does not apply to natural persons concluding a contract directly related to their business activity when the content of this contract indicates that it does not have a professional character for these persons within the meaning of Article 556 (4) of the Civil Code.

 


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