Terms and conditions
REGULATIONS OF THE BATIDA ONLINE STORE
I. GENERAL PROVISIONS
1. The seller of the goods is: BATIDA Sp. z o.o. with headquarters at 8 Szucha Avenue, 00-582 in Warsaw, entered by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register: 0000167112, NIP (Tax Identification Number): 5260213008, REGON (Polish Business Registry Number): 006921037.
2. At www.sklep.batida.pl, BATIDA Sp. z o.o. runs a business in the field of retail sale of confectionery, bakery and delicatessen products of BATIDA Sp. z o.o., addressed at consumers and entrepreneurs.
3. Contact with the Batida Online Store (www.sklep.batida.pl) is possible via:
- e-mail: firstname.lastname@example.org
- phone: +48 692 409 395
from 9:00 to 19:00 (business days) and from 10:00 to 17:00 on Saturdays and selected holidays.
4. All prices of the presented goods are provided in PLN and are gross prices (including VAT). The price displayed next to the product at the time of placing the order by the customer is binding for the parties to the transaction. Prices do not include shipping costs.
5. The information on the website and subpages of the Batida Online Store does not constitute an offer within the meaning of the Civil Code. A customer placing an order using the mechanisms available on the website and subpages of the Batida Online Store (www.sklep.batida.pl) makes an offer to buy a specific product under the conditions specified in the regulations of the Batida Online Store.
6. All products offered by the Batida Online Store (www.sklep.batida.pl) are fresh, free from physical and legal defects and have been legally placed on the Polish market.
7. For all goods sold by the Batida Internet Store (www.sklep.batida.pl) Batida Sp. z o.o. issues VAT invoices. In the absence of an invoice, a fiscal receipt will be attached to the order.
1. Terms used in these regulations have the following meaning:
- Consumer – a natural person who performs a legal transaction with the entrepreneur, not related directly to his/her business or professional activity;
- Customer - a natural person, legal person or organizational unit without legal personality, but having legal capacity, using the online store (www.sklep.batida.pl), including in particular making purchases;
- Seller - BATIDA Sp. z o.o. with headquarters at 8 Szucha Avenue, 00-582 in Warsaw, entered by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Department of the National Court Register: 0000167112, NIP: 5260213008, REGON: 006921037.
- Batida Online Store - Batida online store run by the Seller at www.sklep.batida.pl;
- Regulations - these regulations for the provision of services by the Seller by electronic means as part of the Batida Online Store;
- Product - each subject of the order placed with the Seller;
- Order - Customer's declaration of will, aimed directly at the conclusion of a sales contract, specifying in particular the type and number of products.
III. PLACING ORDERS
1. A person placing an order also declares that he/she has full legal capacity in accordance with the provisions of the Civil Code.
2. By placing an order, you accept these terms and conditions.
3. The sale of goods takes place on the basis of orders placed via the Internet. Orders are accepted 7 days a week, 24 hours a day in the Batida Online Store via the website: www.sklep.batida.pl
4. The Customer can place an order:
- by registering and thus creating an account in the Batida Online Store by accessing the website www.sklep.batida.pl (or)
- by making a purchase without registering an account in the Batida Online Store, by accessing the website www.sklep.batida.pl without logging in.
5. If the Customer decides to register, the Customer provides his/her data in the form of an e-mail address and enters the password he/she proposes to secure access to the account he/she created.
6. To place an order, the Customer adds the goods to the cart using the button in the product card “Add to cart”/”Finalize shopping”, “View your cart”/”Your cart”. This means the end of adding products to the cart and proceeding to the order. With the “Continue” button you accept the order summary and proceed to your personal data and delivery details.
7. The shopping cart is accepted by clicking on the “Finalize shopping”/”Continue” button, as a result of which the Customer is redirected to complete the address data and select the delivery method.
8. The next step is to choose the place of delivery (personal collection or delivery to the address indicated), the date of receipt of the order and the payment method.
10. Then the Customer places an order (offer to buy) using the “Buy and pay” button.
11. The Customer is redirected to the PayU payment system in order to make the payment.
12. After paying for the order, an e-mail confirming the order is sent from the e-mail address email@example.com to the e-mail address provided by the Customer in the order.
13. In the event of failure to pay for the order, an e-mail will be sent from the e-mail address firstname.lastname@example.org with a link to pay for the order via the Tpay payment system.
14. In case of problems with making the transfer, please contact us by e-mail at the following address: email@example.com.
IV. ORDER IMPLEMENTATION AND DELIVERY
1. Placing an order is not tantamount to its acceptance for implementation.
2. The Seller has the right to refuse to process the order within 48 hours, e.g. due to the lack of a specific product or the inability to complete the order within the time specified by the Customer. In the case of paid orders, the Seller undertakes to return the amount paid within 14 days from the date of informing the Customer about the inability to complete the order. The above-mentioned provision does not apply to orders accepted for implementation, i.e. those for which a sales contract has been concluded.
3. The Seller reserves the right not to process an order in which the Customer has provided incomplete or false data.
4. The Customer may cancel the order before it is accepted for implementation. The Seller allows for cancellation of an order accepted for implementation only if the order is at the stage of implementation, which allows for its cancellation.
5. The standard deadline for completing an order is 24 to 48 hours from the moment the funds are credited to the Seller’s account and the transaction is authorized in the case of electronic payments.
6. The ordered goods can be collected by the Customer in person in one of the points of sales in Warsaw
- Batida Krakowskie Przedmieście: 2 Królewska Street (at Krakowskie Przedmieście Street, entrance from gen. Michała Tokarzewskiego-Karaszewicza Street), 00-065 Warsaw
- Batida Wola: 2 Przy Lasku Street, 01-424 Warsaw
- Batida Hala Koszyki: 63 Koszykowa Street, 00-063 Warsaw
- Batida Konstancin: 3 Wojska Polskiego Avenue (Stara Papiernia Shopping Mall), 05-520 Konstancin-Jeziorna
7.The minimum amount of the order with delivery is PLN 59 gross plus the cost of delivery The ordered goods may also be delivered to the address indicated by the Customer, in Warsaw and its vicinity. The cost of delivery is covered by the Customer. The delivery cost is divided into the following zones:
For deliveries outside the standard delivery area the cost is determined individually, each time to be verified and approved by Batida. Batida retains the right to refuse to accept an order due to the delivery address when delivery is not possible to the indicated address within the prescribed period.
8. Deliveries outside Warsaw are made upon agreement expressed by e-mail and submitted in electronic form to the e-mail address: firstname.lastname@example.org. Selected products can be delivered by Poczta Polska or an external courier. The cost of such delivery is determined individually and depends on the current price list of the delivery company, weight and size of the product.
9. The Seller will try to implement the comments provided by the Customer in the “Comment” section as much as possible - they cannot be treated as services guaranteed by the Seller and are not a condition for the completion of the basic order placed by the Customer.
10. If the Customer orders a cake or a bar with a dedication, BATIDA Sp. z o.o. is not responsible for the content contained therein. In special cases, BATIDA Sp. z o.o. may refuse to execute an order with a dedication attached to the order due to its content without giving a reason, about which the Customer will be immediately informed.
11. The Customer ordering a cake with a photo or graphic declares that he/she has full rights to use the photo and declares that the materials sent do not infringe the rights of third parties. All claims arising from the use of the uploaded photo will encumber the Customer.
Standard products have the manufacturer’s logo, graphic elements and other decorative elements that may not be visible in the sample photos. The colours shown in the photos may actually differ from the prints or the presentation on the computer monitor. Please make sure that each element of the product meets your expectations - information about the products can be obtained by phone: +48 692 409 395 or via e-mail at: email@example.com.
V. PAYMENT TERMS
1. Payment for purchases can be made in the following form:
- Credit card
- Debit card
- Electronic transfer
2. Electronic transactions are carried out via the PayU payment system. Only orders that have been confirmed by PayU as paid or when the payment is credited to the bank account of BATIDA Sp. z o.o. will be implemented.
VI. RETURNS AND COMPLAINTS
Withdrawal from the purchase-sales contract.
1. The Seller informs that in accordance with applicable regulations, the Customer who is a consumer may withdraw from the contract without providing a reason, by submitting an appropriate statement in writing within 14 days from the date of delivery of a given product, except for the following cases described in art. 38 of the Act of 30 May 2014 on consumer rights: The right to withdraw from a contract concluded outside the business premises or remotely is not available to the consumer in relation to the following contracts: item 3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his/her individual needs; item 4) in which the subject of the service is an item that deteriorates quickly or has a short shelf-life; item 5) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons.
2. In connection with the above, the Customer placing an order via www.sklep.batida.pl is not entitled to withdraw from the concluded contract due to the rapid deterioration of the products offered in the Batida Online Store.
3. The Seller does not accept any shipments and returns of goods upon cash on delivery.
4. In special and justified cases, it is possible to cancel an order, provided that it has not been manufactured yet. In such cases, 0.9% of the order value is deducted due to the transaction costs incurred by Batida.
5. The order should be checked by the Customer and an employee of the point of sale / driver / courier company employee. For this purpose, the ordered product(s) should be viewed and presented and checked against the protocol of receipt and release of the goods.
1. Before collecting the order, the Customer is obliged to check it at the point of sale in the presence of an employee of the point of sale or in the presence of the deliverer (driver/employee of the courier company).
2. If the product is found to be non-compliant with the contract after its collection or delivery, the Customer may file a complaint at any point of sale, providing the product and the proof of purchase. Thus, the Customer may not accept the goods.
3. The complaint will be considered by BATIDA if it is submitted immediately after finding the non-compliance of the goods with the contract.
4. The complaint will be considered within 14 days from the date of its submission by the Customer. BATIDA will inform the Customer via e-mail or by phone about the method of considering the complaint.
5. If the complaint is accepted, the money will be refunded in the form of:
- refund via the PayU system; (or)
- refund by bank transfer to the Customer’s account (in the case of payment by electronic transfer); (or)
- voucher for products from the Batida Online Store.
Each complaint is considered individually.
1. The Seller undertakes to provide the Customer with a product free from defects.
2. If the Customer finds a defect, he/she may submit a declaration about price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect.
3. If the Customer is a Consumer, he/she may:
- instead of the removal of the defect proposed by the Seller, demand that the item be replaced with one free of defects (or)
- instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Customer or it would require excessive costs compared to the method proposed by the Seller.
4. When assessing excessive costs, the value of the item free of defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would otherwise be exposed.
5. The reduced price should be in such proportion to the price resulting from the contract in which the value of the defective item is to the value of the item without a defect.
6. The Customer may not withdraw from the contract if the defect is irrelevant.
IX. AMICABLE RESOLUTION OF DISPUTES
1. The Seller agrees to the amicable settlement of any consumer disputes.
2. The Seller indicates the following as the entity entitled to out-of-court settlement of disputes: Provincial Inspectorate of Trade Inspection in Warsaw, 3 Sienkiewicza Street, 00-015 Warsaw, e-mail address: firstname.lastname@example.org. More information on the above-mentioned entity: http://www.wiih.org.pl/.
Out-of-court resolution of consumer disputes shall involve:
- enabling the parties to approximate their positions in order to resolve the dispute by its parties;
- presenting the parties with a proposal to resolve the dispute;
- resolving the dispute and imposing its solution on the parties.
If, as a result of a complaint submitted by the Consumer, a dispute has not been resolved, the Seller shall provide the Consumer on paper or other durable medium with a declaration on:
- intention to submit a request to initiate proceedings for out-of-court resolution of consumer disputes or consent to participate in such proceedings (or)
- refusal to participate in a out-of-court resolution of consumer disputes.
X. PERSONAL DATA
1. In accordance with the Act of May 10, 2018 on the protection of personal data, we would like to inform you that the personal data of our Customers is stored in the data set of BATIDA Sp. z o.o. with headquarters at 8 Szucha Street, 00-582 in Warsaw.
2. The processing of the obtained personal data is carried out in accordance with the currently applicable legal provisions on the protection of personal data (Act of 10.05.2018 on the Protection of Personal Data; Regulation of the European Parliament and of the Council 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).
3. The administrator of personal data is Batida Sp. z o.o. with headquarters in Warsaw at 8 Szucha Street, 00-582 Warsaw, Poland, registered in the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, KRS 0000167112, NIP (VAT) (PL) 526-021-30-08 and REGON 006921037.
4. The entrusted personal data is used only for the purpose of executing the contract and if the Customer agrees by checking the appropriate box when placing the order, in order to inform him/her about new products and promotions offered by BATIDA Sp. z o.o.
5. If you have given your consent in the online form for Batida Sp. z o.o. to collect data for marketing purposes, personal data processed for this purpose will be used by Batida Sp. z o.o. for maintaining contact by means of regular and irregular communication through the use of telephone, e-mail and letter correspondence. Personal data collected and processed by Batida Sp. z o.o. will be stored in a form that permits identification of the data subject for an indefinite period. The legal basis for such processing is your consent (Article 6 sec. 1(a) GDPR). You are under no obligation to grant such consent for the use of services provided by Batida Sp. z o.o.
6. In the case of personal data collected in order to place and execute a commercial order, and therefore in order to execute a contract related to the order placed, the personal data will be processed for the period necessary to implement the order and for the statutory period for the purpose of submitting your possible claims against Batida Sp. z o.o. and/or claims of Batida Sp. z o.o. against you. The basis for such processing is the need to process personal data for the execution of the purchase contract at Batida Sp. z o.o., to which the data subject is a party (Article 6 sec. 1(b) of the GDPR), as well as the protection of legitimate interests pursued by Batida Sp. z o. o., i.e. to handle complaints (legal basis for processing - Article 6 sec. 1(b) of the GDPR, - the need to process personal data to execute a contract), and to possibly establish and assert claims or defend against them - the legal basis for processing is legitimate interest of Batida Sp. z o.o. (Article 6 sec. 1(f) of the GDPR) consisting in the protection of the rights of Batida Sp. z o.o. Providing personal data for the purpose of placing and implementing a commercial order is a contractual requirement, a condition for concluding a contract with Batida Sp. z o.o.. You are obliged to provide you personal data in order to place and execute an order, and if you do not provide the required data, the order will not be accepted and processed by Batida Sp. z o.o.
8. The Seller, running the Batida Online Store, uses so-called cookies, in accordance with the provisions of the Cookies Policy, specified at https://sklep.batida.pl/polityka-cookies/.
9. Batida Sp. z o.o. takes care to maintain security and confidentiality of your personal data and to guarantee implementation of your rights, in accordance with the applicable provisions on the protection of personal data. By handing over your personal data to Batida Sp. z o.o., each person has the right to:
a) request access to the provided personal data (including obtaining a copy of the data subject to processing, also in electronic form); its rectification (if the data in the possession of Batida Sp. z o. is inaccurate or incomplete), its deletion (e.g. if these data are no longer necessary for the purposes for which it was collected, and Batida Sp. z o. o. has no basis to process it, e.g. based on your consent or to fulfil a legal obligation; personal data is processed unlawfully) or to object to the processing (regarding the processing of your personal data as part of the legitimate interests of Batida Sp. z o.o., for reasons related to your particular situation); you also have the right to transfer the data provided to us in a machine-readable format (allowing for free reading by a computer), e.g. if you want to make it available to another entity and the right to limit processing in the following cases (when submitting the application, indicate one of the following cases):
- if you have reservations as to the correctness of your data - for a period allowing Batida Sp. z o.o. to check the correctness of the data;
- if you believe that the processing is unlawful, but you do not want us to delete it, but instead you request that its use be restricted;
- if your personal data is no longer needed by us, but you need it in connection with the investigation, determination or defence of your claims;
- if you have objected to the processing of your data, and our duty is to verify whether we should further process it for the time needed for such verification.
b) withdraw your consent at any time without affecting the lawfulness of processing based on your consent before its withdrawal, if the processing is based on the consent of the data subject;
c) lodge a complaint to the supervisory body (the President of the Personal Data Protection Office);
You can exercise all the above-mentioned rights in accordance with Articles 15 to 21 of the GDPR.
10. BATIDA Sp. z o.o. is not responsible for damages caused as a result of the Customer providing third parties with passwords, access to a given e-mail account, logins and other non-public data provided for the purpose of order implementation, or if a third party has acquired this data unlawfully (theft of personal data, hacking into IT systems, hacking into e-mail accounts).
XI. FINAL PROVISIONS
1. The Regulations define the rules for purchases in the Batida Online Store. By placing an order, you agree to all the provisions and information contained in the regulations.
2. In matters not covered by these regulations, the following provisions shall apply:
- provisions of the Act of April 23, 1964 - Civil Code;
- provisions of the Act of February 16, 2007 on competition and consumer protection;
- provisions of the Act of September 23, 2016 on out-of-court resolution of consumer disputes;
- and other legal acts referred to in these regulations.
3. The provisions of these Regulations may be changed by the Seller at any time. The above-mentioned changes will be published on the website www.sklep.batida.pl, therefore it is possible to check and print the currently valid version at any time.
4. In order to use the Batida Online Store, the Customer's IT system should meet the following minimum technical requirements:
- Internet browser: Internet Explorer 11 or newer; Firefox 56 or newer; Opera 48 or newer; Chrome 61 or newer; Safari 10.3 or newer
VERSION 16.09.2020 (currently valid)