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TERMS AND CONDITIONS OF THE ONLINE STORE

The following Terms and Conditions outline the rules for using the website https://branchestore.com/, including the conclusion of contracts through the Branché online store.

If any of the issues mentioned below are unclear to you, please contact us at customercare@branchestore.com

General information

  • Website https://branchestore.com/ belongs to Kamila Szamot, ul. Pańska 73 lok. 104, 00-827 Warsaw, NIP: 527-277-98-62, REGON: 365390449, hereinafter also referred to as the Seller.
  • Contact with the Seller is possible at the correspondence address ul. Pańska 73 lok. 104,
    00-827 Warsaw or e-mail address customercare@branchestore.com.
  • The provision of the online store’s functionalities is a service provided electronically by the Seller to the Customers. The service is provided based on a contract concluded between the Seller and the Customer. These Terms and Conditions form part of the contracts concluded between the Seller and the Customers.
  • The contract under these Terms and Conditions is concluded in Polish or English and is governed by Polish law.

Glossary of terms

  • The definitions used in the Terms and Conditions mean the following:
    • Terms and conditions – refers to these Terms and Conditions;
    • Website – the website https://branchestore.com/, on which the Branché online store is operated;
    • Online store – the Branché online store operated by the Seller, available through the website;
    • Customer – a natural person, legal person, or organizational unit without legal personality but with legal capacity, using the online store operated by the Seller;
    • Consumer – a natural person who, via the Website, uses services provided electronically or concludes a contract not directly related to their business or professional activity;
    • Entrepreneur with Consumer Rights – a natural person entering into a contract directly related to their business activity, provided that the content of the contract indicates that it does not have a professional nature for that person, particularly in relation to the subject of their business activity as disclosed in the Central Register and Information on Business Activity or a similar register in another country;
    • Entrepreneur – a natural person, legal person, or organizational unit without legal personality (but with legal capacity) who, via the online store, uses services provided electronically or concludes a contract as part of their business or professional activity. An Entrepreneur within the meaning of these Terms and Conditions does not include an Entrepreneur with Consumer Rights;
    • Product – a movable item available in the commercial offer of the online store;
    • Gift Card – a bearer voucher that allows the Customer to make payment for a Product under the conditions specified in the content of the Gift Voucher and in these Terms and Conditions;
    • Account – an online space on the website designated for the Seller’s regular Customers who have registered on the website, accessible after logging in, containing information about the Customer and their purchases, allowing the Customer to use the website’s functionalities, particularly making purchases in the online store;
    • Registration – a one-time action consisting of creating a Customer Account on the website;
    • Login – an action allowing the Customer to access their Account on the website;
    • Password – a string of alphanumeric characters required to log into the Customer’s Account, set by the Customer during Registration or while using the Account;
    • Card – an Online Store functionality where the Customer selects Products for purchase;
    • Order – a Customer’s declaration of intent aimed directly at concluding a distance Sales Agreement via the online store, specifying, among other things, the type of Products and the payment method;
    • Sales Agreement or Agreement – a sales contract for Products along with accompanying services, concluded between the Seller and the Customer, in the manner specified in the Terms and Conditions, via the online store;
    • Newsletter – digital content containing commercial information as defined by the Act on the Provision of Electronic Services, originating from the Seller and sent to the Customer via the website, through a mailing module, with the Customer’s consent, electronically to the email address provided by the Customer;
    • Complaint – a submission by the Customer, in the manner specified in these Terms and Conditions, regarding: (I) non-conformity of the Product with the Agreement, (II) improper functioning of the Website or the online store;
    • Civil Code (CC) – the Act of April 23, 1964, Civil Code;
    • Act on the Provision of Electronic Services – the Act of July 18, 2002, on the provision of electronic services;
    • Consumer Rights Act – the Act of May 20, 2014, on consumer rights;
    • GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  • Definitions in the singular have the same meaning when used in the plural, unless the context indicates otherwise.

Technical requirements

  • To properly use the website, the following requirements must be met:
    • possession of a device that transmits telecommunication data, including a desktop computer, laptop, tablet, or smartphone equipped with an up-to-date operating system;
    • device screen resolution: a minimum of 320 pixels in width and 480 pixels in height, with an optimal resolution of 1920 pixels in width and 1080 pixels in height;
    • an up-to-date web browser (Firefox, Opera, Chrome, Safari, Edge, Brave);
    • access to the Internet;
    • an active email address;
  • The availability of the Website may depend on the device the Customer uses to access the Internet, the data transmission packages the Customer has, and the software used for Internet access and electronic communication. The Seller is not responsible for the lack of Website availability due to these reasons.
  • The Website uses cookies to collect information related to the Customer’s use of the Website. Detailed information about the cookies used on the Website is provided in the Privacy Policy and Cookie Policy.

Scope of services provided via the Website

  • The website enables Customers to use the following services provided electronically:
    • Registration and Login to the Customer Account,
    • access to the Account by the registered Customer,
    • management of personal data provided during Registration and while using the Account,
    • obtaining information about Products offered in the Online Store,
    • placing Orders for Products offered in the Online Store,
    • concluding a Sales Agreement for Products via the Online Store,
    • access to information about Order history,
    • viewing favorite Products in the Wishlist,
    • access to information about points in the BRANCHÉ PRIVILEGE loyalty program,
    • subscribing to the Newsletter service.
  • To ensure the security of communication, the Seller takes technical and organizational measures appropriate to the level of security threat to the Website.
  • Acceptance of the Terms and Conditions occurs during Account Registration. The consent mentioned in the previous sentence is equivalent to full acceptance of the Terms and Conditions.
  • The Seller reserves the right to withdraw or modify certain services or functionalities of the Website for any reason, as well as to temporarily suspend the Website’s operation due to, for example, maintenance activities related to service modification, of which the Customers will be informed each time.
  • The Seller reserves the right to modify the technical implementation of services or functionalities of the Website in accordance with the scope and conditions resulting from the available technical capabilities, without worsening the quality of services or functionalities, and without affecting the scope of the Parties’ rights and obligations.
  • The Website allows the use of services and the placement of Orders 24 hours a day, 7 days a week, excluding periods of technical interruptions and maintenance work. Any technical interruptions and maintenance work are carried out, whenever possible, during nighttime hours. Information about planned interruptions to the Website’s operation is always posted on the Website’s homepage.

Rules for using the Services Available on the Website

  • Before using the Website, the Customer is obliged to familiarize themselves with the content of the Terms and Conditions.
  • The Customer is obliged to use the Website:
    • in a manner that does not disrupt its functioning,
    • in compliance with the law and the Terms and Conditions;
    • in a manner that is not burdensome to other Customers or the Seller, respecting the personal rights and all rights of the aforementioned persons and entities;
  • The Customer is obliged to refrain from:
    • actions that could block, overload, or disrupt the proper functioning of the Website, such as sending or placing unsolicited commercial information, viruses, or malicious software on the website;
    • activities aimed at obtaining information not intended for the Customer or to which they are not entitled.
  • Persons using the services or concluding a Sales Agreement on behalf of another person must have appropriate authorization for this purpose. By accepting the Terms and Conditions, the person mentioned in the preceding sentence declares that they have the authority to use the services and/or conclude the Sales Agreement on behalf of the person for whom the agreement is being made.

Account Registration

  • To register an Account on the Website, the Customer is required to:
    • complete the electronic registration form, providing personal data: username, address, email address, and password;
    • click the “Create an account” buttom.
  • By creating an Account, the Customer confirms that they have read and accept these Terms and Conditions.
  • The Account password must be at least 8 characters long, including uppercase and lowercase letters, as well as a special character.
  • Upon the Customer’s Account Registration, an agreement for the provision of electronic services is concluded between the parties. The agreement concerns the ability to use the Account on the website and does not involve any payment obligations.
  • The agreement mentioned above is concluded for an indefinite period and may be terminated by the Customer at any time by deleting the Account as specified in point VII.1 of the Terms and Conditions.
  • When registering an Account, the Customer is required to provide true and up-to-date information, not misleading and not infringing the rights of third parties. The Customer bears sole responsibility if the data provided does not meet the conditions specified in the preceding sentence.
  • The Customer is responsible for the accuracy of the data provided during Registration and any subsequent changes to this data, as well as for any potential violations of third-party rights related to the provided data.
  • Logging into the Customer’s Account is done using the email address and Password provided by the Customer during Registration. After logging in, the Customer can change their Password and other data provided during Registration at any time by using the “Personal Data” tab.
  • The Customer is obligated to keep the Password confidential and protect it from unauthorized access by third parties.

Deleting the Customer Account

  • The Customer may delete their Account from the Website at any time and for any reason by sending an email to the Seller or using the functionality of the website.
  • The Seller may delete the Customer’s Account in the event of service termination, with a 1-month notice period, based on a statement from the Seller sent via email to the Customer’s email address associated with the Account.
  • Deleting the Customer’s Account is equivalent to terminating the agreement for the provision of electronic services.

Products Available in the Online Store – General Information

  • Each Product available in the Online Store has a description. The description indicates the basic features of the Product, including its specifications, image, price, availability information, and any potential information about discounts or promotions on the Product.
  • The prices listed in the Online Store are gross prices, expressed in Polish currency, British currency, and euros, and include VAT at the current rate. The prices of Products do not include delivery costs, which are provided separately.
  • The Seller provides prices in a clear and unambiguous manner. In each case of a price reduction, alongside the information about the reduced price, the lowest price of the Product within 30 days before the reduction is also displayed. If the Product has been offered for less than 30 days, the lowest price from the start of offering the Product until the reduction is shown alongside the reduced price.
  • The fulfillment of the Order is possible provided the Product is available in the online Store.
  • Products are delivered to Customers within Poland and abroad, according to the information provided on the Website.
  • Promotions, discounts, and sales of Products are valid for the period and under the conditions specified in the description of the given Product in the Online Store. Unless explicitly stated otherwise in the Product description, promotions, discounts, and sales cannot be combined. The promotion, discount, or sale lasts until 11:59 PM on the last day of its validity.
  • The Seller reserves the right to make ongoing changes to Product prices and to conduct and cancel promotions, discounts, and sales. The right mentioned in the previous sentence does not affect Orders placed before the price, promotion, discount, or sale conditions are changed.
  • Announcements, advertisements, price lists, and other information posted in the Online Store do not constitute an offer or Seller’s guarantee regarding the characteristics of the Products, as defined by the Civil Code. Announcements, advertisements, price lists, and other information posted in the Online Store are only considered an invitation to conclude a contract.
  • Products available in the Online Store should be used in accordance with their description, properties, and any recommendations from the Seller.

Placing Orders

  • The Customer may place Orders either using a registered Account or without registration.
  • To place an Order and conclude a Sales Agreement in the Online Store, the Customer should complete the Order form, including:
    • completing an Order:
      • selecting Products from those available in the online store’s offer,
      • specifying the quantity of the selected Products,
      • clicking “Add to cart”,
      • proceeding to the Cart tab,
      • ensuring that the type and quantity of Products in the Cart are correct, adjusting if necessary by clicking the “+” or “-” button, and optionally entering a discount code if the Customer has one,
      • selecting a delivery method from those available in the online store,
      • selecting a payment method from those available in the online store;
    • logging into the Customer Account by selecting the “Log in” option and, if necessary, entering updated address details or providing address information if choosing to proceed without logging in;
    • providing any comments regarding the Order;
    • checking the box “I declare that I have read the Terms and Conditions of the online store and the Privacy Policy and accept their provisions”;
    • reviewing the Order summary, which includes information: identifying the Seller, the subject of the Order, the unit and total price of the ordered Products, including delivery costs and any other charges if applicable, the selected payment method, the selected delivery method, and the delivery time and cost;
    • confirming the Order by clicking the “Order and Pay” button and paying for the Order using the payment methods available in the Store.
  • ending the Order form by the Customer constitutes a binding declaration of intent to conclude a Distance Contract, under the conditions specified in the Order and in accordance with the provisions of these Terms and Conditions.
  • At any stage of placing the Order, up until payment is made, the Customer can cancel the Order by discontinuing further steps and leaving the Order submission page. An Order that is not completed by the Customer will not be processed by the Seller.

Confirmation of Offer Acceptance (Confirmation of Conclusion of the Sales Agreement)

  • A distance sales agreement is considered concluded at the moment the Seller accepts the order form, which is confirmed by displaying a message to the Customer acknowledging the acceptance of the Order and providing its number.
  • After the Order is placed and paid for, the Seller will send a confirmation of the agreement to the Customer’s email address, either the one registered in the Customer’s Account or provided during the ordering process. The confirmation will include:
    • the Seller’s details;
    • essential elements of the Order, including the Order number, its subject, the price of the goods, delivery costs, and the estimated delivery date;
    • the general terms of the Agreement, including the Terms and Conditions, saved on a Durable Medium (in the form of a PDF file);
    • information regarding the Seller’s liability for the quality of the service (as provided in the Terms and Conditions);
    • information about the procedure and consequences of withdrawal from the Agreement (through the delivery of these Terms and Conditions and Appendix 1 to the Terms and Conditions).
  • If the Order contains incomplete or incorrect Customer information, the Seller reserves the right to verify or clarify the Order before confirming the acceptance and initiating the Sales Agreement. For this purpose, the Seller will contact the Customer via the phone number or email address provided. The execution of the Sales Agreement will be suspended until the Order is clarified or corrected by the Customer. The Seller shall not be held liable for delays in Order processing caused by the need to verify or clarify the Order, unless the need for verification results from reasons attributable to the Seller.

Payment Methods

  • The price of the Products must be paid in advance, i.e., before the acceptance, shipment, and delivery of the Order
  • The Seller offers the following payment methods:
    • fast online payment systems PayU – offering the possibility to pay via online bank transfers, payment cards, or phone payments (Blik);
    • Credit cards.
  • Payment via the PayU online payment service is immediately recorded, which is equivalent to making an advance payment.
  • The detailed terms of payment via the PayU service are described in the regulations of that provider.
  • For the concluded agreement, the Seller issues the Customer an electronic VAT invoice (e-invoice). The net price is increased by VAT at the current rate.

Performance of the Sales Agreement. Delivery

  • The Seller offers the possibility of delivering Products using courier services. In the Order form, the Customer can choose from the available options for the entity delivering the Order.
  • The Seller offers the following delivery methods:
    • courier shipments via DHL
    • courier shipments via FEDEX
  • The Seller provides the cost of each available delivery option in the Order form.
  • The shipping time is indicated in the Order confirmation. This time is given in business days, i.e., from Monday to Friday, excluding public holidays. The shipping time is the estimated period from the conclusion of the Sales Agreement to the time the package with the Products is handed over to the courier service.
  • The total delivery time to the Customer consists of the shipping time and the delivery time by the courier company (depending on the Customer’s choice).
  • Courier companies have their own regulations regarding the method and timing of delivery services, as well as any complaints related to these services. Before choosing a delivery provider, it is advisable to review these regulations on the courier companies’ websites.
  • If circumstances arise that prevent the shipment from being sent on time, the Seller undertakes to promptly notify the Customer, stating the reason for the delay and the expected delivery time.

Right to Withdraw from the Sales Agreement. Returns

  • A Customer who is a Consumer or an Entrepreneur with Consumer Rights, who has concluded a contract via the Online Store, may withdraw from the Agreement within 14 days without giving any reason and without incurring costs, except for the costs mentioned below. In case of withdrawal, the Agreement is considered not concluded.
  • The right to withdraw from the Agreement does not apply to a Customer who is an Entrepreneur.
  • To submit a declaration of withdrawal from the Agreement, the Customer may use the template declaration, which is Annex 1 to these Terms and Conditions. Using the template is not mandatory.
  • The right to withdraw from the Sales Agreement may be exercised by the Customer by sending a withdrawal declaration (using the template in Annex 1 to the Terms and Conditions or any other statement clearly indicating the intention to withdraw from the Agreement) to the address customercare@branchestore.com .
  • The deadline for submitting the withdrawal declaration is considered met if the declaration is sent before the deadline expires, i.e., by sending an email.
  • The Seller will promptly confirm the receipt of the Customer’s withdrawal declaration on a Durable medium.
  • The period for submitting a declaration of withdrawal from the Sales Agreement starts:
    • for Agreements where the Seller delivers the Product and is obligated to transfer ownership – from the day the Product is taken into possession by the Customer or a third party indicated by the Customer other than the carrier;
    • for Agreements covering multiple Products that are delivered separately, in batches, or in parts – from the day of taking possession of the last Product, batch, or part;
    • for Agreements involving the regular delivery of Products for a fixed period – from the day of taking possession of the first Product;
      for other Agreements – from the day the Agreement is concluded.
  • The right to withdraw from the Agreement does not apply to agreements:
    • for the provision of services, for which the Customer is required to pay a price, if the Seller has fully performed the service with the Customer’s explicit prior consent, who was informed before the service began that they would lose the right to withdraw once the service was completed, and acknowledged this;
    • where the subject of the service is a non-prefabricated Product, manufactured according to the Customer’s specifications or intended to meet their individualized needs;
    • where the subject of the service consists of Products that, after delivery, due to their nature, are inseparably connected with other Products;
    • In cases where the Customer expressly requested the Seller to visit them for urgent repair or maintenance; if the Seller provides additional services beyond those requested by the Customer or delivers goods other than spare parts necessary for the repair or maintenance, the Customer retains the right to withdraw from the contract concerning the additional services or goods;
    • For the provision of services for which the Customer is obliged to pay, where the Customer expressly requested the Seller to visit them for a repair, and the service has already been fully performed with the Customer’s explicit and prior consent.
  • In the event of exercising the right to withdraw from the Sales Agreement, the Customer is obligated to return the Product in question immediately, but no later than 14 days from the day of submitting the withdrawal declaration. To meet this deadline, it is sufficient for the Customer to send or deliver the returned Product to the address specified in point I.2 of the Terms and Conditions before the deadline expires.
  • The Seller shall promptly, and no later than 14 days from the date of receiving the Customer’s statement of withdrawal from the Sales Agreement, refund all payments made by the Customer, including the purchase price of the Goods and the delivery costs (if the Customer incurred such costs). The Seller will not issue a refund if the Customer declares they prefer to receive points as Store Credit, as referred to in Chapter XVIII of these Terms and Conditions.
  • The Seller may withhold the refund of payments received from the Customer until the Product is received back.
  • The Customer is liable for any reduction in the value of the Goods resulting from their use beyond what is necessary to determine the nature and essential characteristics of the Goods.
  • The Seller will reduce the refund amount in proportion to the decrease in the value of the Goods caused by the Customer’s use beyond what is necessary to determine their nature and essential characteristics. If such use renders the Goods unfit for their intended purpose, the Seller has the right to refuse the refund and return the Goods to the Customer.
  • The Seller is not obligated to refund the Customer for additional costs incurred as a result of the Customer choosing a delivery method other than the cheapest standard delivery method offered by the Online Store.
  • If the Agreement covered more than one Good and the Customer withdraws from the Agreement only in part (concerning certain Goods), the Seller is entitled to refund the delivery costs proportionally to the extent of the withdrawal. In such a case, the Seller will refund the portion of the delivery costs corresponding to the number of returned Goods in relation to the total number of Goods covered by the Agreement.
  • The Seller will refund the payment using the same payment method that the Customer used when paying for the Product, unless the Customer agrees to another refund method, which does not involve any additional costs for the Customer.
  • If the refund is based on information provided by the Customer, the Customer must provide the Seller with complete and accurate data necessary for the Seller to process the refund.
  • When the Customer withdraws from the Agreement, any related additional agreements concluded by the Customer will expire if the performance under those agreements is carried out by the Seller or a third party based on an arrangement with the Seller. The Customer does not bear any costs related to the expiration of these agreements, except for the costs specified above. If the additional agreement was concluded with a third party, the Seller will inform that party of the Customer’s withdrawal from the Agreement.
  • This section of the Terms and Conditions constitutes a notice of the right to withdraw, in accordance with the Consumer Rights Act.

Liability for the Product's Compliance with the Sales Agreement

  • The Seller is obliged to deliver Products without defects, along with any documents related to the Product that are in the Seller’s possession.
  • Before accepting the package containing the purchased Product, the Customer should check whether the package has been damaged during transport. If any damage is found, the Customer has the right to refuse the package and contact the Seller to determine the next steps.
  • The Seller is liable to the Customer who is an Entrepreneur under warranty, in accordance with Polish law, if the sold Product has defects. Concerning Consumers and Entrepreneurs with Consumer Rights, the Seller is liable under the terms specified later in this chapter.
  • The Seller is responsible for the Product’s compliance with the Sales Agreement. A Product is deemed to be in compliance with the Sales Agreement if, in particular, the following are consistent with the agreement:
    • its description, type, quantity, quality, completeness, and functionality;
    • its suitability for a specific purpose that the Consumer informed the Seller about no later than at the time of the conclusion of the Sales Agreement, and that the Seller accepted.
  • Furthermore, to be considered compliant with the Sales Agreement, the Product must:
    • be fit for the purposes for which goods of that kind are normally used, taking into account applicable laws, technical standards, or good practices;
    • have the qualities, including durability and safety, that are typical of goods of that kind and that the Customer can reasonably expect, considering the nature of the goods and any public statements made by the Seller, its legal predecessors, or persons acting on their behalf, especially in advertising or on labels, unless the Seller demonstrates that:
      • they were unaware of the public statement and, reasonably assessing, could not have known about it;
      • the public statement was corrected before the conclusion of the Sales Agreement, under conditions and in a manner in which the public statement was made, or in a comparable way;
      • the public statement did not influence the Customer’s decision to conclude the Sales Agreement,
    • be delivered with packaging, accessories, and instructions that the Customer can reasonably expect to be provided;
    • be of the same quality as the sample or model provided by the Seller to the Customer prior to the conclusion of the Sales Agreement and correspond to the description of such sample or model.
  • The Seller is not liable for the Product’s non-compliance with the Sales Agreement if the Customer, no later than at the time of concluding the Agreement, was explicitly informed that a specific feature of the Product deviated from the requirements of compliance with the Agreement, and the Customer expressly and separately accepted the absence of that feature.
  • The Seller is liable for the lack of conformity of the Goods with the Sales Agreement resulting from improper installation of the Goods if:
    • the installation was carried out by the Seller or under their responsibility;
    • the improper installation carried out by the Customer resulted from errors in the instructions provided by the Seller or a third party.
  • The Seller is responsible for the Product’s non-compliance with the Sales Agreement that existed at the time of its delivery and was revealed within two years from that moment, unless the shelf life of the Product, as specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer.
  • If the Product is not compliant with the Sales Agreement, the Customer may:
    • demand the repair of the Goods,
    • demand the replacement of the Product,
    • submit a statement for a price reduction,
    • submit a statement to withdraw from the Sales Agreement.
  • The Seller may replace the Goods when the Customer requests a repair, or repair the Goods when the Customer requests a replacement, if bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or would impose excessive costs on the Seller. If both repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Agreement.
  • When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, particularly the significance of the Product’s non-compliance with the Sales Agreement, the value of the Product in compliance with the Agreement, and the excessive inconvenience caused to the Customer as a result of changing the method of bringing the Product into compliance with the Agreement.
  • The Seller shall carry out the repair or replacement within a reasonable time from the moment the Customer notifies the Seller of the lack of conformity of the Goods with the Sales Agreement and without excessive inconvenience to the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased them. The costs of repair or replacement, including, in particular, postage, transportation, labor, and material costs, shall be borne by the Seller.
  • The Customer is obliged to make the Goods available to the Seller for repair or replacement. The Seller will collect the Goods from the Customer at their own expense.
  • If the Goods were installed before the lack of conformity was discovered, the Seller shall dismantle the Goods and reinstall them after repair or replacement or arrange for these tasks to be performed at their own expense.
  • The right to submit a statement for a price reduction or to withdraw from the Sales Agreement is available to the Customer if:
    • The Seller has refused to bring the Product into compliance with the Sales Agreement based on section 10, second sentence above,
    • The Seller has not brought the Product into compliance with the Agreement in accordance with sections 12-14 above,
    • The Product remains non-compliant with the Sales Agreement despite the Seller’s attempts to bring it into compliance,
    • The non-compliance of the Product with the Sales Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without first using the remedies specified in section 9 (a) and (b) above,
    • It is clear from the Seller’s statement or the circumstances that they will not bring the Product into compliance with the Sales Agreement within a reasonable time or without excessive inconvenience to the Customer.
  • In the case of submitting a statement for a price reduction, the reduced price must be proportional to the price under the Sales Agreement, reflecting the ratio between the value of the non-compliant Product and the value of the Product in compliance with the Sales Agreement.
  • The Seller will promptly refund the amounts due as a result of exercising the right to a price reduction, no later than 14 days from the day of receiving the Customer’s statement on the price reduction. The Seller will not refund money to the Customer if the Customer declares that they would like to receive store credit points, as mentioned in Chapter XVIII of these Terms and Conditions
  • The right to withdraw from the Agreement is not available to the Customer if the non-compliance of the Product with the Agreement is insignificant.
  • In the event of withdrawal from the Agreement, the Customer must promptly return the Product to the Seller at the Seller’s expense. The Seller will refund the price to the Customer promptly, no later than 14 days from the day of receiving the Product or proof of its return.
  • The Seller will make the refund using the same payment method the Customer used, unless the Customer has explicitly agreed to another method, which does not involve any additional costs for the Customer.

Complaints

  • The Consumer may send a complaint to the Seller’s email address specified in point I.2 of the Terms and Conditions. The complaint submission should include a description of the issue and proof of purchase or the order number.
  • The complaint description should contain:
    • information regarding the subject of the complaint: the type of non-compliance of the Product with the Sales Agreement, the date of its occurrence or discovery,
    • the Customer’s request regarding how to resolve the non-compliance,
    • Customer’s details: name, contact information – email address or phone number, and bank account number if the Customer is requesting a price reduction or refund.
  • The Seller will respond to the received complaint within 14 calendar days from the date of its receipt.
  • If the information provided in the complaint is insufficient, the Seller will promptly request additional details and/or the delivery of the complained Product, which may extend the complaint processing time.
  • None of the provisions of the Terms and Conditions limit the Consumer’s rights under the applicable laws in force in Poland and the European Union. If any such provision is found, the applicable laws of Poland and the European Union will apply.

Gift Card

  • Through the Online Store, the Customer can purchase a Gift Card. The Gift Card contains at least the Seller’s logo and company details, the value of the Card, and its validity period.
  • Gift Cards are multipurpose and reusable. In exchange for the Voucher, the Customer can purchase any Product offered by the Seller in the Online Store, up to the value of the Card.
  • If the price of the ordered Products exceeds the value of the Card, the Customer can purchase these Products by using the Card and paying the difference between the price of the Products and the value of the Card.
  • The Gift Card can be used for one or more Products, until the Card’s value is exhausted.
  • Gift Card can be purchased as a physical or electronic card. To purchase a Card, the Customer should contact the Seller at giftcard@branchestore.com. Payment for the Card is made using the payment methods specified in Chapter XI of the Terms and Conditions.
  • Gift Cards can have a value ranging from PLN 100 to PLN 10,000 gross. Payment for the Card is a condition of its purchase. In the case of selecting a physical Card, the Customer is also required to pay the cost of shipping the Voucher, in accordance with the chosen delivery method.
  • After purchasing the Gift Card, the Seller sends the electronic Gift Card to the Customer’s email address, along with a purchase confirmation including, in particular, the Seller’s details, key elements of the agreement (including the type of Card and price), the content of these Terms and Conditions, and instructions on the right of withdrawal, as per Annex 1 of these Terms and Conditions. In the case of choosing a physical Card, the Seller only sends the confirmation mentioned above, and the Card is shipped to the address provided by the Customer during the purchase.
  • The Customer can use the Gift Card when paying for Products purchased in the Store by entering the Gift Card details in the payment window as the payment method.
  • Gift Cards are valid for 12 months from the date of issue. During this period, the Customer has the opportunity to use the Card, i.e., to pay for Products using the Card. After the Cardr’s expiration date, any unused value of the Card is forfeited and cannot be used or refunded.
  • The Gift Card (or any unused portion) is non-refundable and cannot be exchanged for cash.

Branché Privilege Loyalty Program

  • Regular Customers of the Seller have the opportunity to participate in the Branché Privilege loyalty program. The program involves collecting points on the registered Customer Account, under the conditions outlined below.
  • to join the loyalty program, the Customer must register an Account in the Online Store. When making any purchases via the Account, points will automatically be credited to the Customer’s Account. For every PLN 100 spent in the Online Store, the Customer will receive 5 points in the program.
  • After accumulating a certain number of points, the Customer receives a percentage discount, depending on the total number of points collected:
    • Level zero – 0-1999 points,
    • Level 1 – 5% discount for 2000-3999 points,
    • Level 2 – 10% discount for 4000-7999 points,
    • Level 3 – 15% discount for 8000 or more points.
  • The discount can be used on subsequent Orders made through the Account.
  • Points in the loyalty program can be used for non-discounted Products in the online store.

Credit Store

  • The Seller allows Customers to accumulate points in the form of store credit. If the Customer exercises the right to withdraw from the Agreement (based on Chapter XIII or XIV of the Terms and Conditions) and returns a Product, the refund may be provided as store credit for use in the Online Store. The amount to be used is credited to the Customer’s Account and is equal to the refund amount due to the Customer.
  • The available store credit can be used for subsequent Orders placed via the Account on the entire assortment (including discounted Products).
  • The validity of store credit is twelve months from the moment the amount is recorded in the Customer’s Account. During this period, the amount cannot be converted into cash. After this time, any unused store credit is refunded to the Customer under the terms described in Chapters XIII or XIV of the Terms and Conditions.

Newsletter

  • The Seller offers Customers an electronic service in the form of sending a Newsletter.

  • The Newsletter service consists of the free sending of information related to the Seller’s activities, including commercial information and marketing materials, to the email address provided by the Customer.

  • The Customer may subscribe to the Newsletter service via the Website.

  • The graphical elements and content of the messages sent as part of the Newsletter service are subject to copyright or other rights held by the Seller or third parties and are legally protected. Reproduction or use of this content for purposes other than personal use may be considered a violation of these rights.

  • The Newsletter service is provided for an indefinite period.

  • The Customer may unsubscribe from the Newsletter service at any time by sending an email to the Seller at the email address specified in point I.2 of the Terms and Conditions or by using the unsubscribe option available on the Website.

  • Upon cancellation or unsubscription from theNewsletter service, the Seller will stop sending the Customer messages containing the Newsletter.

  • The Customer may resubscribe to the Newsletter service at any time.

     

Out-of-Court Methods for Consumer Dispute Resolution

  • Pursuant to Article 14(1) of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation in consumer disputes), the Seller informs that the European Commission has made an online dispute resolution platform available at the address: http://ec.europa.eu/consumers/odr, for resolving disputes between consumers and traders at the EU level (ODR platform).
  • Consumers have access to the following out-of-court methods for handling complaints and pursuing claims: via municipal or district consumer ombudsmen, provincial Trade Inspection authorities, or one of the 16 social organizations whose statutory tasks include consumer protection, such as the Consumer Federation.
  • Detailed information on out-of-court methods for handling complaints and pursuing claims is available at the offices or on the websites of consumer ombudsmen, provincial Trade Inspection authorities, relevant social organizations, and on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/wazne_adresy.php.

Intellectual Property Rights

  • The content and structure of the Website are protected by copyright.
  • Unless otherwise stated in the Terms and Conditions, all rights to the content made available on the Website, in particular: proprietary and moral copyright to works as defined by the Copyright and Related Rights Act, licenses for proprietary copyright, trademarks as defined by the Industrial Property Law, and other intellectual property rights protected by law, belong to the Seller or entities with whom the Seller has concluded relevant agreements.
  • Reproduction of content, in particular, the use of texts published on the Website, or their parts or images, without the Seller’s consent is prohibited.
  • Materials published on the Website may be copied, stored, or used solely for personal (non-commercial) use. Any dissemination of copied materials, including publishing them on other websites, is prohibited.
  • Copying and using content from the Website for commercial purposes requires the Seller’s written consent, under the penalty of invalidity. Commercial use includes, in particular, dissemination, publication, distribution, copying, and modifying materials in whole or in part.
  • The Seller is not responsible for the content posted on other websites to which links may be provided on the Website, particularly concerning their accuracy and timeliness.

Personal Data

  • The Seller is the Data Controller of the personal data of Customers who are natural persons, as well as individuals acting on behalf of Customers, with whom the Seller communicates in the course of concluding Sales Agreements and providing services.
  • Detailed information regarding the processing of personal data, which the Data Controller is obliged to provide in accordance with GDPR, can be found in the Privacy Policy.

Transitional and Final Provisions

  • The Seller is not bound by a code of good practice, as referred to in Article 2(5) of the Act of August 23, 2007, on counteracting unfair market practices.
  • In matters not regulated by the Online Store’s Terms and Conditions, the applicable laws in force in Poland shall apply.
  • Any complaints regarding the operation of the Online Store may be submitted to the email address specified in point I.2 of the Terms and Conditions. These complaints will be processed by the Seller within 14 days from the date of submission.
  • The current Terms and Conditions are available free of charge on the Website, in a manner that allows the content to be obtained, reproduced, and saved.
  • The Terms and Conditions come into force on ……………… 2024.
  • The Seller is entitled to amend the Terms and Conditions in the following cases:
    • changes to applicable law that directly affect the content of the Terms and Conditions;
    • obligations imposed on the Seller by state authorities;
    • actions taken by the Seller to improve the operation of the Website and services provided, or to introduce technical or functional changes;
    • commencement of the sale of new categories of Products by the Seller;
    • commencement of new services by the Seller, including new electronically provided services;
    • actions aimed at improving the privacy protection of Customers;
    • when necessary to prevent abuse or for security reasons.
  • Amendments to the Terms and Conditions take effect after the period indicated by the Seller, not earlier than 14 days from the date of making the amended Terms and Conditions available by publishing them on the Website. The amendment does not affect Agreements concluded or Orders placed before the amendment.
  • The Seller may amend the Terms and Conditions immediately, without the period referred to in section 7 above, if:
    • it is required by applicable law or a decision of a competent state authority,
    • the amendment is necessary to ensure the safety of Customers and the data they provide.
  • The Seller reserves the right to change the email addresses provided in the Terms and Conditions. The changes referred to in the preceding sentence do not constitute amendments to the Terms and Conditions and do not require the procedure specified in sections 6-8 above.
Attachments:
Annex No. 1 – Sample declaration of withdrawal from the sales agreement
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