BBQ.pl Store Terms and Conditions as of August 13, 2024

§1. General Provisions

1. These Terms and Conditions are a contractual template and define the general terms and conditions of the Agreement made in the BBQ.pl online store.

2. The Terms and Conditions are effective as of August 1, 2023.

3. Contact addresses: Tender Meat Sp. z o.o., ul. Wolności 21, 09-100 Płońsk

Customer Service is available on working days of the Store: email: sklep@bbq.pl, tel. +48 606 351 072

§2. Definitions

1. Data Administrator/Seller – Tender Meat Limited Liability Company, headquartered in Płońsk, registered in the District Court for the capital city of Warsaw, XIV Economic Division of the National Court Register under KRS number 0000114381, with a share capital of PLN 54,000 (fully paid), NIP 5671640019, REGON 130448458.

2. Email Address – an electronic mail address (active email address) provided in the Registration Form or Order Form.

3. Product Price – the value of the Product, excluding delivery costs.

4. Cookies – small text information sent by the www server and saved on the User’s browser side.

5. Personal Data – data allowing the indirect or direct identification of a natural person.

6. Business Day – counted from 08:00 to 16:00 from Monday to Friday Central European Time, excluding public holidays in the Republic of Poland.

7. Registration Form - a form available in the Store, enabling the creation of an Account. The form includes the following data: customer’s first and last name, email address (used as a login), residential address (street, house number, apartment number, city, postal code), delivery address if different from the residential address, password containing upper and lower case letters, digits, and at least 1 special character.

8. Order Form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the method of delivery and payment.

9. Password – a unique string of characters created by the Customer to authorize access and secure the Account against access by unauthorized persons.

10. Customer - Consumer who has made the Agreement or a natural person conducting a business or a legal person or an organizational unit without legal personality who according to the law is capable of making the Agreement.

11. Consumer – a natural person who makes an Agreement with the Seller, not related to their business activity or profession.

12. Account – a collection of resources and settings stored in the Seller's database for the Customer as part of their use of the Store and making Agreements. Access to the Account is possible after registration and subsequent login.

13. Cart – a software element of the Store, where the Products selected by the Customer for purchase are visible, and there is an opportunity to determine and modify the Order data, in particular the quantity of products before purchase.

14. Login – the User’s email address.

15. Third Party – a natural person, legal person, or an organizational unit without legal personality in the sense of Polish law other than the Customer and Seller.

16. Privacy Policy – specifies the method of data processing on the Website, constituting Appendix No. 2 to the Terms and Conditions.

17. Product - a movable item/service available in the Store that is the subject of the Agreement between the Customer and the Seller.

18. Terms and Conditions – these Terms and Conditions of the Store.

19. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

20. Store/Website – https://www.bbq.pl.

21. Force Majeure – an event of a random or natural (elemental) character, which occurrence is beyond the Seller's control, especially fire, explosion, power failure, earthquake, flood, cloudburst, riots, pandemic, actions of civil or military authorities, war, acts of terrorism (including cyberterrorism), cyberattacks (e.g., DDOS), actions or/and omissions of telecommunication network operators, other random events.

22. Agreement / Sales Agreement – a sales agreement made between the Seller and the Buyer, in Polish.

23. Distance Agreement - an agreement made with the Customer within an organized system for making distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of conclusion of the agreement.

24. Order - a declaration of will made by the Customer via the Order Form and aiming directly to make a Product or Products Sale Agreement with the Seller.

§3. Technical Requirements

1. To use the Store and place Orders for Products, it is necessary to have a device with Internet access, a web browser with enabled cookie support, and to have a mobile phone number.

2. In case of problems with the operation of the Website, please contact technical support at the email address: sklep@bbq.pl

§4. Account

1. Browsing the Store’s assortment does not require creating an Account.

2. Creating an Account in the Store is free of charge.

3. Login to the Account is done by providing the Login and Password established in the Registration Form.

4. The Customer has the ability at any time, without giving a reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller at the email address: sklep@bbq.pl or to the Seller’s address.

§5. Orders

1. Placing an Order is done by filling out the Order Form in the Store and accepting the Terms and Conditions. It is also required to make a prepayment.

2. Prices listed in the Store are in Polish zloty and are gross prices (including VAT).

3. Orders in the Store can only be placed by adults who have full capacity to perform acts in law, according to the following steps:

a) The Customer selects the Product they are interested in and adds it to the cart; b) By default, one click on a Product means the selection of one unit. The Customer can increase or decrease the number of units of the ordered Product in the Cart. Changes made in the Cart are automatically updated (in case of no refresh, please contact us or manually refresh the Website); c) The Customer can enter a discount code. After making changes, the card must be updated with the "Apply" button. Entering a valid discount code will display the reduced amount to be paid; d) The Customer selects the payment method; e) The Customer confirming the Cart proceeds to the page where they can log in (appropriately create an Account if they do not have one) or place an order without logging in; f) The Customer enters shipping data and their contact information; g) In the case of placing an Order when the Buyer is not logged into the Account, they will be asked to accept the Terms and Conditions and the Privacy Policy. Failure to accept prevents the placement of the Order; h) The Seller sends an email informing about the placement of the Order by the Customer, which includes a summary of the Order, and a separate email about accepting the order for processing (the moment of concluding the Agreement), which includes information about the shipment and the planned delivery of the goods. In case of payment and not receiving an email confirming acceptance of the order for processing, the Customer may cancel the offer by contacting the Seller. In such a case, the paid funds will be returned.

4. The Seller allows for a Price reduction by granting a discount based on a discount code provided by him or based on periodically introduced discounts by him.

5. If a Product is subject to a temporary discount (i.e., a promotion), then on the Product's webpage the price before granting the discount and after it is granted is displayed. Such a price after granting the discount should appear in the Cart.

6. The Product price binding for the Seller and the Customer is the price displayed to the Customer in the Store before making the payment.

7. Receipts or VAT invoices are issued for all Products ordered in the Store. By accepting these Terms and Conditions, the Customer agrees to the use of documents in electronic form, in particular sales invoices (e-invoice) or fiscal receipts (e-receipt), and to their delivery via email to the email address provided by the Customer.

§6. Execution of the Sales Agreement

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer previously places an Order using the Order Form in the Store and makes the payment.

2. The detailed process of executing the Order is as follows:

a. Referral of the Order for execution immediately after receiving the payment for the Order. b. Sending an email to the Customer confirming the conclusion of the Sales Agreement, receiving the Order, and referring it for execution. c. Shipping the Product according to the delivery time specified in the Product description in the Store. In case of ordering Products with different delivery times, the delivery time is the longest specified time, although the Customer has the option to request the delivery of the Products in parts or the delivery of all Products after completing the entire order.

§7. Delivery and Payments

1. The delivery of the Product to the Customer is payable unless the Sales Agreement states otherwise. The costs of delivering the Product (including transport, delivery, and postal services fees) are indicated to the Customer during the placement of the Order, including at the time of expressing the will to be bound by the Sales Agreement.

2. The start of the delivery time of the Product to the Customer is counted from the day of crediting the Seller's bank account.

3. Delivery of the Product takes place within Poland.

4. The Customer can use the following methods of delivery of the ordered Product:

a. DPD courier shipment. b. DPD Food courier shipment. c. Goodspeed courier shipment.

5. The Customer can use the following payment methods:

c. payment by bank transfer to the Seller’s account d. electronic payments, including payment by debit/credit card, BLIK code, and instant transfer.

6. The Customer can use the following payment operators:

a. payment via PayU, i.e., PayU S.A. located in Poznań, 60166 Poznań, at Grunwaldzka 186, registered in the register of entrepreneurs maintained by the District Court Poznań - New Town and Wilda in Poznań, VIII Economic Division of the National Court Register under number 0000274399, having a NIP number: 779-23-08-495, with a share capital of PLN 4,944,000.00 fully paid, which is a national payment institution supervised by the Financial Supervision Authority, registered in the payment services register under number IP1/2012;

b. payment via przelewy24, i.e., PayPro SA (PayPro) located in Poznań, at Pastelowa 8 (60-198), registered in the register of entrepreneurs of the National Court Register maintained by the District Court Poznań New City and Wilda, VIII Economic Division of the National Court Register under number KRS 0000347935, with a NIP number 7792369887, with a share capital of PLN 5,476,300.00 fully paid, and registered in the register of national payment institutions maintained by the Financial Supervision Authority under number UKNF IP24/2014;

7. Detailed information about the methods of delivery and acceptable payment methods can be found at: https://bbq.pl/delivery-and-payments

§8. Returns

1. Please send returns to the address: Tender Meat Sp. z o.o., ul. Wolności 21, 09-100 Płońsk.

§9. Rights and Obligations of the Customer

1. The Customer undertakes to:

a. Use data and/or personal data, to which they have full rights of use (must not infringe third-party rights). b. Previously check whether they meet the technical requirements for using the Website. c. Not use the Website in a way that disrupts its operation or violates the law. d. Use the Website according to its intended purpose, in accordance with the law, in accordance with the provisions of the Terms and Conditions, and social coexistence rules. It is prohibited, in particular, to use the Website for any criminal activity and committing any legal violations or torts. e. Not undertake any actions that are inconsistent with generally applicable laws or good manners, and that violate the personal rights of others or the legitimate interests of the Seller. f. Not generate excessive or disproportionate loads on connections and other infrastructure, based on which the Website is available.

§10. Rights and Obligations of the Seller

1. The Seller has the right to:

a. Inform by electronic means about important notifications related to order fulfillment. b. Send offers to people who have consented to receive them. c. Ask about the general opinion and satisfaction level of using the Website. Opinions may be collected in the form of questions or short surveys electronically. d. Study the way the Website is used by collecting anonymous information that allows improving the Website functionally and technically (e.g., screen resolution, type of browser used, number of clicks on specific tabs, etc.). e. Use cookies related to advertising preferences, the rules of which are detailed in the Privacy Policy, and which serve to tailor the offer for the Customer based on their interests, clicks on the Website, visit history, or other preferences presented by the Customer. f. Change the properties or functionality of the Website at its own discretion, if it does not reduce the quality of services provided to the Customer.

2. The Seller undertakes to make every effort to ensure the proper provision of services.

3. The Seller reserves the possibility of temporary unavailability of the entire or part of the Website, including services, due to technical reasons, in particular related to maintenance or implementing changes. The Seller will make every effort to ensure that this unavailability is as least burdensome as possible.

§11. Liability

1. The Customer bears full responsibility for their actions related to the use of the Website.

2. The Seller is not responsible for: a. Incorrectly entered data by the Customer. b. Lack of access to the Internet by the Customer or limitations in its availability. c. Limitations and/or incorrect functioning of software or devices belonging to the Customer, which are the basis for using the Website. d. Incompatibility of the Customer’s end devices with the technical infrastructure of the Website. e. Interruptions in the operation of the Website caused by Force Majeure or unauthorized actions of Third Parties. In case of problems with Orders, appropriate corrections will be made on behalf of the Customer. f. Damages and lost benefits incurred by the Customer, which were caused by their actions or omissions. g. Damages and lost benefits incurred by the Customer, which were caused by the actions and/or omissions of Third Parties, over which the Seller had no control. h. Damages and lost benefits incurred by the Customer, which were caused by the occurrence of Force Majeure. i. Damages and lost benefits incurred by the Customer, as a result of the transfer of Personal Data to entities authorized based on the relevant legal provisions for processing. j. Links referring to websites of third parties. These pages are owned and managed by their administrators or, accordingly, service providers. The Seller is not responsible for the availability and quality of these pages.

§12. Withdrawal from the Agreement

1. The Consumer purchasing products in the Store has a limited right to withdraw from the agreement. This is due to the following: a. The overwhelming majority of products prepared by BBQ.pl ordered in the Store are prepared according to the individual needs of the Customer. b. Products have a short shelf life. c. Packaging cannot be returned for health protection or hygiene reasons if the packaging has been opened after delivery.

2. According to Art. 38 of the Act of April 30, 2014, on Consumer Rights (Journal of Laws of 2020, item 287), the right to withdraw from a distance agreement does not apply to the Consumer, among others, in relation to agreements: a. in which the subject of performance is an unmanufactured item, produced according to the Consumer's specification or serving to satisfy their individualized needs. b. in which the subject of performance is an item subject to rapid decay or having a short shelf life. c. in which the subject of performance is an item delivered in sealed packaging that cannot be returned for health protection or hygiene reasons if the packaging has been opened after delivery.

3. Withdrawal from the Sales Agreement for other Products can take place on the form constituting Annex No. 1 to the Terms and Conditions and may be sent by email to sklep@bbq.pl or by letter to the Seller's correspondence address.

4. The Customer is obliged to return the goods related to the declaration of withdrawal from the agreement immediately, but not later than within 14 days from the day on which they withdrew from the agreement. To keep the deadline, it is enough to send the goods before its expiration.

5. The Customer is obliged to properly pack and secure the shipment containing the returned goods (in the case of goods in glass packaging, also properly mark the shipment according to the applicable standards – information in a visible place: "caution glass", "fragile", "up/down").

6. The Customer bears full responsibility for inadequate securing of the shipment.

7. Before withdrawing from the agreement, the consumer should not use the goods in a way that goes beyond what is necessary to establish the nature, characteristics, and functionality of the goods. Otherwise, the consumer will be liable for a reduction in the value of the goods. The Customer cannot withdraw from the agreement in relation to goods constituting meat that has been removed by the consumer from the original packaging.

8. The right to withdraw from the agreement does not apply to the Customer if they have concluded the agreement as part of their business activity (as an entrepreneur).

§13. Personal Data Protection

1. The Seller is the administrator of the personal data of Customers collected via the Online Store.

2. Payment handling takes place outside the Store.

3. Detailed information on personal data protection is available in the Privacy Policy.

§14. Reviews in the Online Store

1. The Online Store Customer has the option of voluntarily and free of charge issuing a review concerning purchases made in the Online Store. The subject of the review may also be an assessment, photo, or review of the purchased product in the Online Store.

2. After making purchases in the Online Store, the Seller provides the data necessary to create an email invitation to the company handling the surveying process. The sending of surveys and the process of collecting reviews in forms is fully handled by TrustMate SA with its registered office at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends the Customer an email with a request to issue a review and a link to the online form that allows issuing the review – the online form allows answering the Seller's questions regarding purchases, their assessment, adding their own description regarding the review, and photos of the purchased product. If no review is issued after receiving the first invitation to issue a review, TrustMate may resend the invitation.

3. A review can only be issued by a Customer who made purchases in the Online Store of the Seller.

4. Reviews issued by the Customer are published by the Seller in the Online Store and on the TrustMate.io profile.

5. Issuing a review cannot be used by the Customer for unlawful actions, in particular for actions constituting an act of unfair competition against the Seller, or actions violating personal rights, intellectual property rights, or other rights of the Seller or third parties.

6. A review can only be issued for actually purchased products in the Online Store of the Seller. It is forbidden to conclude fictitious/apparent sales agreements to issue a review. The author of the review cannot also be the Seller or its employees regardless of the basis of employment.

7. An issued review can be removed at any time by its author.

§15. Complaints and Warranty

1. The Seller is obliged to deliver goods free from defects to the Customer.

2. The Seller is liable to the Customer for defects in products under the terms defined in the provisions of the Act of April 23, 1964, Civil Code (consolidated text Journal of Laws of 2023, item 326).

3. The Customer must report the complaint electronically to the Seller's email address: sklep@bbq.pl, providing at least their first and last name, email address, and Order number.

4. Due to the nature of the product and the necessity of its proper storage, all complaints and claims should be reported no later than within 24 hours from the time of receiving the shipment. Complained products must remain in the original packaging. Until the complaint is resolved, they must be stored under appropriate refrigeration conditions (refrigerated products in a refrigerating device, frozen products in a freezer). Complaints reported after 24 hours from the time of receiving the shipment may not be considered.

5. Obvious technical damages to the packaging that occurred during transport should be immediately reported to the carrier delivering the shipment, and it is best to document them photographically or in video form during the receipt of the shipment.

6. To report a complaint related to a product defect, the Customer is asked to make a video or take photos of the complained Product by placing the recording or photos on the label of the Product and visible, reported defects of the Product. The lack of sending materials prevents the resolution of the complaint remotely. Please send the documentation along with a concise description of the product defect to sklep@bbq.pl within 24 hours from the time of receiving the shipment. It is advisable to include in the complaint the data of the Customer making the complaint and the Customer's demand in connection with the defect of the goods.

7. Complained goods must be left in the original packaging and stored under refrigeration conditions at the disposal of the Seller.

8. The Seller will respond to the complaint demand immediately, no later than within 7 days.

9. If the Seller recognizes the validity of the complaint, the products will be immediately replaced and delivered to the Customer.

10. The Customer is obliged to return the complained goods on the next working day after the complaint is recognized at the Seller's expense to the Seller's address, in protective packaging (styrofoam box and cooling inserts). The Customer can also agree with the Seller that the Seller will pick up the goods from him with his own refrigerated transport.

11. The Customer has the following exemplary possibilities to use out-of-court methods of handling complaints and pursuing claims: a. The Customer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2014, item 148 with subsequent amendments), with a request to settle the dispute arising from the Agreement concluded with the Seller. b. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, according to Art. 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2014, item 148 with subsequent amendments), with a request to initiate mediation proceedings in the matter of amicable ending the dispute between the Consumer and the Seller. c. The Customer can obtain free assistance in resolving the dispute between him and the Seller, also using the free help of the county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumer Association). d. The Customer is entitled to file a complaint through the European online ODR platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL. The authorized entity to which the complaint can be directed depends on the Customer's choice.

12. Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/consumer_disputes.php; http://www.uokik.gov.pl/individual_cases.php and http://www.uokik.gov.pl/important_addresses.php.

§16. Intellectual Property

1. The Seller is the owner of the Website, including descriptions, articles, and authorial photos.

2. No person is allowed to use the name of the Website and the materials indicated in section 1 above in a manner that infringes the rights of the Seller, especially the image or legitimate interests.

3. It is forbidden, in particular, without the consent of the Seller, to copy the content of the Website, especially its graphic or descriptive elements.

§17. Final Provisions

1. Each Product page contains information such as a general description of the Product, price, Seller's order fulfillment time, delivery time, and method. These are general information and constitute only an invitation to make an Agreement. The moment of making the Agreement is considered the moment when the Seller accepts the Customer's order for processing (the Customer will receive an email about accepting the Order for processing).

2. The Seller reserves the right to make changes to the Terms and Conditions. Each document is marked with a date from which its provisions apply. The Customer will be informed about each change to the Terms and Conditions terms at least 14 days before the planned entry into force of the new regulations if they have an Account in the Store.

3. In case of changes to the Terms and Conditions during the execution of the Order, the provisions effective on the day the Order execution started apply.

4. In matters not regulated in the Terms and Conditions, the relevant provisions of Polish law apply. In the case of an Agreement made with the participation of a Consumer, the appropriate separate provisions also apply, especially if they provide him with more extensive protection than provided by Polish law or the Terms and Conditions.

5. In case of change and/or invalidation due to a final court decision of any of the provisions of the Terms and Conditions, the remaining provisions remain in force.

6. The Seller declares readiness to resolve disputes amicably. Any disputes between the Seller and the Customer, who is not a Consumer, will be settled by the court competent for the Seller's headquarters.

7. Attachments to the Terms and Conditions constitute an integral part of the Agreement.

Attachment 1: Model of withdrawal from the agreement

Attachment 2: Privacy Policy

Attachment No. 1 Model of withdrawal from the Agreement

...................

City, date

WITHDRAWAL FROM THE SALES AGREEMENT

I, the undersigned ……………………………...………. , ……………………………….…………………..

first and last name email address

withdraw from the agreement made on the website www.bbq.pl on the date …………….. , order number

…………………………………… regarding the following products:

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

…………….………

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