TERMS AND CONDITIONS OF THE ONLINE STORE

The following Standard Terms and Conditions (hereinafter referred to as T&C’s) depict the rules for using and placing orders at the website https://branchestore.com/, including the realization of contracts through the Branché online shop.

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

I. General information

  • Website https://branchestore.com/ belongs to Kamila Szamot, ul. Pańska 73/104, 00-834 Warsaw, NIP: 527-277-98-62, REGON: 365390449, hereinafter also referred to as the Seller. 
  • The Seller can be contacted by post at the correspondence address: ul. Pańska 73/104,  00-834 Warsaw or at the e-mail address customercare@branchestore.com.
  • Access to the online shop is a service provided electronically by the Seller to Customers. The service is provided based on a contract entered into by the Customers and the Seller. These T&C’s are integral part of the contracts entered into by the Customers and the Seller.
  • The contract under these T&C’s is entered into in the Polish or English language and is governed by Polish law.

II. Glossary of terms

  • The definitions used in the T&C’s are to be understood as follows:
    • Terms and Conditions – refer to the below T&C’s
    • Website – the website https://branchestore.com/, at which address the Branché online shop operates
    • Online shop – the Branché online shop operated by the Seller, available through the Website
    • Group – means a discussion group on social media platforms that is related to the activities of the Online shop or the Seller
    • Customer – an individual person, legal person, or entity without legal personality but with legal capacity, using the online shop operated by the Seller
    • Consumer – an individual person who, via the Website, uses services provided electronically or enters into a contract not directly related to their business or professional activity
    • Content Moderation means actions particularly aimed at detecting, identifying and suppressing illegal content or information that is inconsistent with the T&C’s of use of the services, generated by service recipients; this includes implemented measures by the Seller or on behalf of the Seller that affect the availability, visibility and access to such illegal content or information, such as deposition of such content or information, demonetization, denial of access to it or removing it, or other measures that affect the ability of service recipients to convey such information, such as closing or suspending the recipient’s account
    • Illegal Content means information that, in itself or by reference to an activity, including the sale of products or the provision of services, is not in accordance with the European Union law or with the law of all EU member states, regardless of the specific subject matter or nature of that law, which includes in particular: hate speech, terrorist content, unlawful discriminatory content, sharing images of child sexual abuse, unlawful sharing of private images without consent, cyberstalking, selling non-compliant or counterfeit products, selling goods or providing services in violation of consumer protection regulations, unauthorized use of materials protected by copyright, offering illegal accommodation services or illegal sale of live animals
    • Entrepreneur with Consumer Rights – an individual 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 depicted in the Central Register and Information on Business Activity or in a similar register in another country
    • Entrepreneur – an individual person, legal person, or entity without legal personality but with legal capacity who, via the online store, uses services provided electronically or enters into a contract as part of their business or professional activity. An Entrepreneur within the meaning of these T&C’s does not include an Entrepreneur with Consumer Rights
    • Products – movable goods offered by the online shop
    • Content means content posted by the User, in particular information in the form of text, photos, graphics or other material, as part of the functionality of the Online Shop or Groups
    • Voucher or Gift Card – a bearer voucher that allows the Customer to make payment for a Product as specified on the Card itself and in the T&C’s
    • Account – an online space on the website designated for 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 online service, particularly to make purchases in the online shop
    • 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
    • Shopping Cart – an Online Shop functionality where the Customer selects Products for purchase
    • User means the person visiting the website at the Internet address https://branchestore.com/
    • Order – a Customer’s declaration of intent to enter into a distance Sales Agreement via the online shop, 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, entered into by the Customer and the Seller, as specified in the T&C’s, via the online shop
    • Newsletter – digital content containing commercial information as defined by the Act on the Provision of Electronic Services, provided by the Seller and sent to the Customer via the website, through a mailing module, following the Customer’s consent, electronically to the email address provided by the Customer
    • Complaint – a submission by the Customer, as specified in these T&C’s, regarding: (I) non-conformity of the Product with the Agreement, (II) improper functioning of the Website or the online shop
    • Civil Code (CC) – the Polish 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 individuals in reference with 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.

III. Technical requirements

  • In order to use the website properly, the following requirements must be met:
    • access to a device that transmits data, including a desktop computer, laptop, tablet, or smartphone equipped with an up-to-date operating system
    • device screen resolution: a minimum of 480 x 320 pixels, with the optimum resolution of 1920 x 1080 pixels
    • 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 or software versions used for the 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.

IV. 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 Shop
    • placing Orders for Products offered in the Online Shop
    • entering into a Sales Agreement for Products via the Online Shop
    • access to information about Order history
    • viewing favourite Products in the Wishlist
    • access to information about points collected in the BRANCHÉ PRIVILEGE loyalty programme
    • subscribing to the Newsletter service.
  • In order 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 T&C’s during Account Registration. The consent mentioned in the previous sentence is equivalent to full acceptance of our Standard Terms and Conditions.
  • The Seller reserves the right to withdraw or modify certain services or functionalities of the Website, as well as to suspend temporarily the Website’s operation due to, for instance, maintenance work 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 according to available technical capabilities, however 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 planned technical stoppages and maintenance work. Any technical stoppages and maintenance work are carried out, whenever possible, during nighttime hours. Information about planned stoppages to the Website’s operation is always posted on the Website’s homepage.

V. Rules for using the Services Available on the Website

  • Before using the Website, the Customers are obliged to familiarize themselves with the content of the T&C’s.
  • The Customer is obliged to use the Website:
    • in a manner that does not disrupt its functioning
    • in compliance with the law and the T&C’s
    • in a manner that is not troublesome 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 entering into a Sales Agreement on behalf of another person must have appropriate authorization for this purpose. By accepting the T&C’s, the person mentioned in the preceding sentence declares that they have the authority to use the services and/or enter into the Sales Agreement on behalf of the person for whom the agreement is being made.

VI. Account Registration

  • In order 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” button.
  • By creating the Account, the Customers confirm that they have read and accept these T&C’s.
  • 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 entered into by the two parties. The agreement refers to the ability to use the Account on the website and does not involve any payment obligations for the Registration.
  • 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 T&C’s.
  • 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 above. 
  • 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 Customers during Registration. After logging in, the Customers can change their Password and other data provided during Registration at any time by using the “Personal Data” tab.
  • The Customer is obliged to keep the Password confidential and protect it from unauthorized access by third parties.

VII. Deleting the Customer Account

  • The Customer may delete their Account from the Website at any time 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 by 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.

VIII. Products Available in the Online Shop – General Information

  • Each Product available in the Online Shop is provided with 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 Shop are gross prices, given in Polish Zloty and include Value Added Tax (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 realization 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 Shop. 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 above right does not affect Orders placed before the price, promotion, discount, or sale conditions were changed.
  • Announcements, advertisements, price lists, and other information posted in the Online Shop 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 Shop are only considered an invitation to enter into a contract. 
  • Products available in the Online Shop should be used according to their description, properties, and the recommendations from the Seller.

IX. Placing Orders

  • The Customer may place Orders using either a registered Account or without registration. 
  • To place an Order and enter into a Sales Agreement in the Online Shop, the Customer should complete the Order form, including:
    • completing an Order:
      • selecting Products from those available in the online shop’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 the available list in the online shop
      • selecting a payment method from the available list in the online shop.
    • 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 Standard Terms and Conditions of the online store and the Privacy Policy and accept their provisions”
    • reviewing the Order summary, which includes: identifying the Seller, the ordered Product, the unit count 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 enter into a Distance Contract, under the conditions specified in the Order and in accordance with the provisions of these T&C’s.  
  • At any stage of placing the Order, but before the payment is being processed, 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. 

X. PREORDER of Product

  • The Seller may also run pre-sale campaigns of selected Products
  • Pre-sales allow you to place an Order before the launching date, i.e. the date of the Product availability in the Online Shop
  • Pre-sales may refer to the Products with low availability or those that are about to be available in the Online Shop
  • The date of availability of the Products covered by pre-sales is included in their description.
  • Pre-sales may not be combined with other sales promotions
  • In order to place an Order in pre-sales, the Customer is obliged to pay the price of the Products at the time of placing the Order
  • The Seller declares that the realization of the Order will not begin until the date specified in the description of the Products on pre-sale
  • Products purchased during pre-sales are shipped based on the dates of placed Orders

XI. Confirmation of Offer Acceptance (Confirmation of finalizing of the Sales Agreement)

  • A distance sales agreement is considered finalized the moment the Seller accepts the order form, which is proved by displaying a message to the Customer confirming the acceptance of the Order and by providing the Order 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 to the one given during Registration of the Customer’s Account or a different one provided during the ordering process. The confirmation will include:
    • the Seller’s details
    • key 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 T&C’s provided in the PDF file format
    • information regarding the Seller’s liability for the quality of the service (as provided in the T&C’s)
    • information about the ways and results of withdrawal from the Agreement (by sending these T&C’s and Appendix 1 to the T&C’s).
  • 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 by phone or email. The processing 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.

XII. Payment Methods

  • The price of the Products must be paid in advance, i.e. before the acceptance, shipment, and delivery of the Order.
  • The company providing online payment services is Przelewy24.
  • The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register (KRS) maintained by the District Court of Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under the KRS number 0000347935, NIP 7792369887, Regon 301345068
  • The Seller offers the following payment methods:
    • fast online payment system Przelewy24 – the possibility to pay via online bank transfers, payment cards, or phone payments (BLIK)
    • credit cards accepted
      • Visa
      • Visa Electron
      • Mastercard
      • Mastercard Electronic
      • Maestro
  • Payment via the Przelewy 24 online payment service is immediately recorded, which is equivalent to making an advance payment.
  • The detailed terms of payment via the Przelewy 24 service are described in the Terms and Conditions of the company available at www.przelewy24.pl.
  • Further to the finalized agreement, the Seller issues the Customer an electronic VAT invoice (e-invoice). The net price is increased by VAT at the current rate.

XIII. Realization of the Sales Agreement. Delivery

  • The Seller offers the possibility of delivering Products using courier carriers. In the Order form, The Customer can choose the company delivering the Order from the options made available in the Order form. 
  • The Seller offers the following delivery methods:
    • courier shipments via DHL within Poland (1-3 working days)
    • courier shipments via DHL within the European Union (2-5 working days)
  • 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 working 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 regarding any complaints related to these services. Before choosing a delivery provider, it is advisable to review these regulations on the courier companies’ websites.
  • In case of unforeseen events making the shipments impossible to be sent on time, the Seller is obliged to notify promptly the Customer, explaining the reason for the delay and the expected delivery time.

XIV. Right to Withdraw from the Sales Agreement. Returns

  • A Customer who is a Consumer or an Entrepreneur with Consumer Rights, who has finalized a contract via the Online Store, may withdraw from the Agreement within 14 days without giving any reasons and without incurring costs, except for the costs mentioned below. In case of withdrawal, the Agreement is considered not finalized.
  • The right to withdraw from the Agreement does not apply to a Customer who is an Entrepreneur.
  • In order to submit a declaration of withdrawal from the Agreement, the Customer may use the template declaration, which is Annex 1 to these T&C’s, however 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. before sending the email or a registered parcel.
  • The Seller will promptly confirm the receipt of the Customer’s withdrawal declaration in a document in the PDF format.
  • The period for submitting a declaration of withdrawal from the Sales Agreement starts:
    • for Agreements where the Seller delivers the Product and is obliged 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 finalized.
  • 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 custom Product, manufactured according to the Customer’s specifications or intended to meet their individualized needs
    • where the subject of the service consists of products which, due to their nature, are inseparably combined with other products after delivery
    • where the subject of the service consists of a product delivered in sealed packaging, which cannot be returned after the packaging is opened due to health protection or hygiene reasons, if the packaging was opened after delivery.
  • In the event of exercising the right to withdraw from the Sales Agreement, the Customer is obliged to return the Product in question immediately 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 the returned Product ot bring it in person to the address: Branché ul. Pańska 73 lok. 104, 00-834 Warsaw, Poland before the deadline expires.
  • The Seller shall promptly, but no later than within 14 days from the date of receiving the returned Products, refund all the payments made by the Customer, including the purchase price of the Product and the delivery costs of the Product to the Customer (if such a cost was incurred by the Customer). The Seller will not issue a refund if the Customer chooses the refund in the form store credits, as described in Chapter XVIII of these T&C’s.
  • Products that are dirty, damaged (including scratched), altered (e.g., tailored), show visible signs of use, have a strong odour (e.g. of cigarettes) or have had their authenticity tag removed, are not eligible for return. For hygiene reasons, earrings are also non-returnable.
  • The Seller is not obliged to refund additional costs incurred by the Customer if the Customer chose a delivery method other than the least expensive standard delivery method offered by the Online Shop.
  • If the Agreement covered more than one Product and the Customer withdraws from the Agreement only in part (in relation to some of the Products covered by the Agreement), 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 Products in relation to the total number of Products covered by the given Agreement.
  • The Seller will refund the payment using the same payment method used by the Customer when paying for the Product.
  • If the refund is based on information provided by the Customer, the Customer must provide the Seller with complete and accurate information necessary for the refund. 
  • The Customer bears the costs of returning the Product to the Online Shop. 
  • Upon the Customer’s withdrawal from the Agreement, any related additional agreements entered into by the Customer shall also terminate. This includes the agreements carried out by the Seller or a third party under an arrangement with the Seller. The Customer will not incur any costs related to the termination 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 chapter of the T&C’s constitutes an instruction on the right of withdrawal, in accordance with the Consumer Rights Act.

XV. 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 parcel containing the purchased Product, the Customer should check for possible damages during transport. If a damage is found, the Customer has the right to refuse to collect the package and contact the Seller to determine the next steps.
  • If the product should have defects, the Seller is liable to the Customer who is an Entrepreneur under warranty, in accordance with Polish law. For 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 compliant 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 finalizing 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
    • be available in the appropriate quantity and have the qualities, including durability and safety, that are typical of goods of that kind and which 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 the Seller’s 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 finalizing 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 with.
  • The Seller is not liable for the non-conformity of the Product 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 deviates from the requirements of conformity with the Agreement and expressly and separately accepted the lack of that specific feature.
  • The Seller is liable for the non-conformity of the Product with the Sales Agreement that existed at the time of delivery and became apparent within two years from that time, unless the Product’s usability period, specified by the Seller, its legal predecessors, or persons acting on the Seller’s behalf, is longer.
  • If the Product does not conform to the Sales Agreement, the Customer may:
    • request the repair of the Product 
    • request the replacement of the Product
    • submit a declaration of price reduction
    • submit a declaration of withdrawal from the Sales Agreement.
  • The Seller may replace the Product when the Customer requests a repair, or the Seller may repair the Product when the Customer requests a replacement, if the method chosen by the Customer to bring the Product into conformity with the Sales Agreement is impossible or would entail excessive costs for the Seller. If both repair and replacement are impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement. 
  • When assessing whether the costs for the Seller are excessive, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Product with the Sales Agreement, the value of the Product in conformity with the Agreement, and the inconvenience to the Customer resulting from a change in the method of bringing the Product into conformity.
  • The Seller shall repair or replace the Product within a reasonable time after being informed by the Customer of the lack of conformity with the Sales Agreement and without excessive inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the Customer purchased it. The costs of repair or replacement, including but not limited to postal fees, transportation costs, labour, and materials, shall be borne by the Seller.
  • The Customer is required to make the Product available to the Seller for repair or replacement. The Seller will collect the Product from the Customer at the Seller’s expense. 
  • The Customer is entitled to submit a declaration of price reduction or withdrawal from the Sales Agreement if:
    • The Seller has refused to bring the Product into conformity with the Sales Agreement under Point 9 above
    • The Seller has failed to bring the Product into conformity with the Agreement in accordance with Points 11-12 above
    • The lack of conformity of the Product with the Sales Agreement persists despite the Seller’s attempts to bring the Product into conformity
    • The lack of conformity of the Product with the Sales Agreement is significant enough to justify a price reduction or withdrawal from the Agreement without prior recourse to the remedies specified in point 8(a) and (b) above
    • It is evident from the Seller’s statement or the circumstances clearly indicate that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Customer.
  • In the case of a declaration of price reduction, the reduced price must be proportional to the price under the Sales Agreement, reflecting the ratio of the value of the non-conforming Product to the value of a conforming Product under the Sales Agreement.
  • The Seller shall refund the amounts due to the Customer as a result of exercising the right to a price reduction promptly and no later than within 14 days of receiving the Customer’s declaration of price reduction. The Seller will not issue a monetary refund if the Customer chooses the refund in the form of store credits, as described in Chapter XVIII of these T&C’s.
  • The Customer is not entitled to withdraw from the Agreement if the lack of conformity of the Product with the Agreement is insignificant.
  • In the event of withdrawal from the Agreement, the Customer shall promptly return the Product to the Seller at the Seller’s expense. The Seller shall refund the price to the Customer promptly, but no later than within 14 days of receiving the Product or proof of its return.
  • The Seller will process the refund using the same payment method the Customer used, unless the Customer has expressly agreed to a different refund method that does not incur any additional costs for the Customer.

XVI. Complaints

  • The Consumer may send a complaint to the Seller’s email address specified in point I.2 of the T&C’s. 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 Product in question, which may extend the complaint processing time.
  • None of the provisions of the T&C’s limit the Consumer’s rights under the applicable laws in force in Poland and the European Union. If such a provision is found, the applicable laws of Poland and the European Union will apply.

XVII. Gift Cards

  • Through the Online Shopt, 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 Card, the Customer can purchase any Product offered by the Seller in the Online Shop, 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 has a credit value.
  • Gift Card can be purchased as physical (vouchers) or electronic cards. To purchase a Card, the Customer should contact the Seller at customercare@branchestore.com. Payment for the Card is made using the payment methods specified in Chapter XI of the T&C’s. 
  • 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, according to 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 T&C’s, and instructions on the right of withdrawal, as per Annex 1 of these T&C’s. 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 Shop 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 Card’s expiry 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.

XVIII. Branché Privilege Loyalty Programme

  • Regular Customers of the Seller have the opportunity to participate in the Branché Privilege loyalty programme. The programme involves collecting points on the registered Customer Account, under the conditions outlined below.
  • In order to join the loyalty programme, the Customer must register an Account in the Online Shop. 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 programme.
  • 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 programme can be used for non-discounted Products in the online store only.

XIX. Store Credit

  • The Seller allows Customers to collect 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 Shop. 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 product offering (including discounted Products).
  • The store credit is valid for twelve months from the moment the amount is recorded in the Customer’s Account. During this period, the amount cannot be exchanged for cash. After this time, any unused store credit will expire.

XX. Newsletter

  • The Seller offers Customers a Newsletter electronic service.
  • The Newsletter service consists of sending free 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 T&C’s or by using the unsubscribe option available on the Website.
  • Upon cancellation or unsubscription from the Newsletter service, the Seller will stop sending the Customer messages containing the Newsletter. 
  • The Customer may resubscribe to the Newsletter service at any time.

XXI. 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, regional 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, regional 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.

XXII. Intellectual Property Rights

  • The content and structure of the Website are protected by copyright.
  • Unless otherwise stated in the T&C’s, 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, licences 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 entered into 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. 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.

XXIII. Moderation and Reporting of Illegal Content

CONTENT MODERATION

  • The Seller is not obliged to monitor the Content or actively establish facts or circumstances of illegal activity
  • In the event of obtaining knowledge or information about the posting of Illegal Content in the Online Shop or in the Groups, the Seller shall immediately take appropriate actions to remove or prevent access to such content
  • The Seller has the right to moderate Content violating these T&C’s with due diligence, in an objective and proportionate manner and with due consideration of the rights and legitimate interests of all parties involved and to impose restrictions referred to in Paragraph 8 below. If the Seller has electronic contact details of the User who posted the Content that is being moderated by the Seller, the User shall be informed of the decision taken in connection with the moderation along with the justification of the steps taken
  • The Seller does not utilize algorithms to make decisions
  • The User is obliged to refrain from posting in the Online Shop or in the Groups the following content:
    • inconsistent with the T&C’s of the Online Shop, including provisions, principles, conditions and regulations related to the Shop’s activity
    • unrelated to the subject matter or purpose of the Shop’s activity
    • that is contrary to general principles of social behaviours or violates good manners, mutual respect and may cause discomfort to other Users
    • aimed at promoting competitive activities to the Seller
    • concerning unsolicited advertising or marketing materials, including spam
    • containing external links
    • humiliating, insulting or degrading, which violate individuals’ personal rights, good name or dignity
    • of a chauvinistic and misogynistic nature
    • discriminating against or insulting anyone on the basis of gender, nationality, ethnic, racial or religious affiliation or their lack of religious denomination
    • misleading Users, especially medicalwise and scientificwise and disseminating false information 
    • promoting ideologies or activities that are illegal or violate values, in particular racist, totalitarian, Nazi and fascist content
    • universally considered indecent, including the use of vulgar language
    • inciting hatred, aggression and violence against a living creature
    • pornographic and of a clear sexual nature
    • constituting unlawful use and sharing of images of persons without their consent and impersonation of other persons
    • inciting self-harm, suicide and other self-destructive behaviours
    • constituting unauthorized use of materials protected by intellectual property rights

CONTACT POINT

  • The Seller has set up a contact point, operated in Polish and English, for direct communication with the authorities of the EU Member States, the EU Commission, the Digital Services Council and for direct and quick communication between the User and the Seller via e-mail at: customercare@branchestore.com.

REPORTING ILLEGAL CONTENT

  • The User who considers the content posted in the Shop or Groups to be illegal or violating the T&C’s has the right to send a report regarding such specific information to the Seller electronically to the e-mail address of the Contact Point
  • If the report contains electronic contact details of the person or entity that submitted the report, the Seller shall promptly send such a person or entity a confirmation of receipt of the report
  • The report should consist of:
    • a reasonably proven explanation of the reasons why the individual or entity alleges that the relevant information constitutes Illegal Content
    • a clear indication of the exact location of the content in question, such as exact URLs or additional information enabling identification of the Illegal Content
    • name and surname or name and e-mail address of the person or entity making the report, except for reports concerning the crimes related to sexual abuse, sexual exploitation, child pornography, solicitation of children for sexual purposes and incitement, aiding and abetting and attempting to commit such crimes
    • a statement confirming the belief of good faith of the person or entity making the report that the information and allegations contained therein are correct and complete 
  • After considering the report in a timely, non-arbitrary, objective manner and with due diligence and without a detailed legal analysis, the Seller shall make a decision as to the illegal nature of the given activity or content
  • If the report contains contact details of the person or entity that prepared the report, the Seller shall in due time, but no later than within 14 days of receiving the report, notify the sender of the decision made
  • The person or entity submitting the report referred to in paragraph 2 has the right to appeal against the Seller’s decision within 14 days of receiving the justification for the above decision. The appeal should contain comprehensive justification. The Seller shall consider the appeal within 14 days. The Seller’s decision issued after considering the appeal is final and no further appeal may be filed
  • In the event of a decision confirming the illegal nature of the Content placed in the Shop or Group or confirming that the Content is inconsistent with the Regulations, the Seller has the right to impose restrictions in the form of:
    • removing or leaving the Illegal Content or inconsistent with the T&C’s
    • restrictions on the visibility, blocking of access or deposition of the Illegal Content or inconsistent with T&C’s
    • suspension, termination or other limitation of monetary payments to the User who posted Illegal or inconsistent Content
    • suspending or closing the accounts of Users who have posted illegal Content or Content inconsistent with T&C’s

The removal or blocking of access, as referred to above, is carried out with respect for the Customers’s fundamental rights, including the right to freedom of speech and expression and information

XXIV. Personal Data

  • The Seller is the Data Controller of the personal data of Customers who are individual persons, as well as individuals acting on behalf of Customers, with whom the Seller communicates in the course of finalizing 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.

XXV. 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 Shop’s T&C’s, the applicable laws in force in Poland shall apply.
  • Any complaints regarding the operation of the Online Shop may be submitted to the email address specified in point I.2 of the T&C’s. These complaints will be processed by the Seller within 14 days from the date of submission.
  • The current T&C’s are available free of charge on the Website, in a manner that allows the content to be obtained, reproduced, and saved. 
  • The T&C’s come into force on 2nd January 2025.
  • The Seller is entitled to amend the T&C’s in the following cases:
    • changes to applicable law that directly affect the content of the T&C’s
    • 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
    • commencing the sale of new categories of Products by the Seller;
    • commencing of new services by the Seller, including new electronically provided services
    • actions aimed at improving the privacy protection of Customers
    • when it is necessary to prevent legal abuse or for security reasons. 
  • Amendments to the T&C’s 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 finalized or Orders placed before the amendment.
  • The Seller may amend the T&C’s immediately, without the period referred to in section 7 above, if:
    • it is required by applicable law or a decision of a relevant 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 T&C’s. Such changes do not constitute amendments to the T&C’s and do not require the procedure specified in sections 6-8 above.
Attachments:
Annex No. 1 – Sample declaration of withdrawal from the sales agreement
Shopping Cart