Terms and Conditions
The most important information about the regulations and our store
We know that reading terms and conditions is not an exciting activity, so to make it easier for you to get to the most important information about our store and the rules of using it, we have prepared a summary of them.
1. The store is the property of Berries&Co. sp. z o.o.
2. You can contact us by e-mail (shop@berriesandco.pl), traditional mail (44 Zelwerowicza Street, 02-928 Warsaw) or by phone (+48 881 027 928).
3. In order to increase the convenience of shopping in our store, we encourage you to create an account, but it is not mandatory. Regardless, you can delete your account at any time.
4. All information about the goods available in the store and possible payment and delivery methods will be displayed on the screen of your device during the order process.
5. After placing an order, it is necessary to pay for it (an unpaid order may be cancelled).
6. The purchased goods should reach you intact. If the package of goods is damaged, you should write a damage report and contact us immediately.
7. You can return the purchased goods without giving a reason within 30 days from the date of its delivery. We will refund the money for the goods to you within 14 days from the date of receipt of the returned goods or proof of sending them back at the latest.
8. If the goods arrive damaged, defective or otherwise inconsistent with the sales agreement, you can file a complaint about them. We will respond to the complaint within 14 days from the date of its receipt.
9. In case of problems with your account, you have the right to file a complaint about it (please submit it by e-mail). We will respond to the complaint within 14 days from the date of its receipt.
10. If you want to keep up to date with current promotions or new products in our Store, you can subscribe to our newsletter and receive it to your e-mail or text message.
11. In order to enable you to use the store and fulfill orders placed by you, we process your personal data. Detailed information on this subject can be found in our Privacy Policy: https://berriesandco.pl/pages/polityka-prywatnosci.
The full content of the store's terms and conditions can be found below.
If you have any questions or concerns about the terms and conditions or shopping in our store, please contact us!
We wish you successful shopping!
BERRIES&CO TERMS AND CONDITIONS
§ 1. General
1. These Terms and Conditions (hereinafter: "Terms and Conditions") define the terms and conditions of use of the "BERRIES&CO" online store operating at the www.berriesandco.pl website (hereinafter: "Store").
2. The Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "the Act on the provision of electronic services").
3. The Store is owned by Berries&Co spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (registered office address: 46/7 Mokotowska Street, 00-543 Warsaw), entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0001097169, with NIP (Tax Identification Number): 7010517464, REGON (National Business Registry Number): 362910109, with share capital in the amount of PLN 5,000.00 (five thousand zlotys) (hereinafter: "Seller").
4. Contact with the Seller is possible via:
1) e-mail – at: shop@berriesandco.pl;
2) traditional mail – at the following address: 44 Zelwerowicza Street, 02-928 Warsaw;
3) phone – at: +48 881 027 928.
5. As part of its business, the Seller:
1) sells Goods that can be purchased by Buyers;
2) repairs the Goods;
3) provides the Account Service to Users,
4) provides the Newsletter to the Subscribers.
6. Information about the Goods available in the Store, in particular their descriptions, technical and performance parameters and prices, constitutes an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (hereinafter: "Civil Code").
7. Before starting to use the Store, the Client is obliged to read the Terms and Conditions and the Privacy Policy.
§ 2. Definitions
Capitalized words used in the Terms and Conditions have the following meanings:
1) Working day – a day that is not a Saturday, Sunday or other non-working day within the meaning of the provisions of the Act of 18 January 1951 on non-working days;
2) Client – User, Buyer or Customer;
3) Civil Code – the term defined in § 1 section 6 of the Terms and Conditions;
4) Consumer – a natural person performing a legal transaction with the Seller that is not directly related to their business or professional activity;
5) Account – a panel created in the Store's IT system, enabling the User to use its functionalities, in particular to purchase Goods;
6) Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
7) Newsletter – digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information on the current activity of the Seller, including information about new products and promotions available in the Store; The Newsletter may be delivered by means of electronic mail, SMS, or the WhatsApp application.
8) Non-compliance – it means: a) non-compliance of the Goods with the Sales Agreement (the assessment criteria are specified in Article 43b(1)-(2) of the Consumer Rights Act), or b) non-compliance of the Account Service with the Account Service Agreement (the assessment criteria are specified in Article 43k(1)-(2) of the Consumer Rights Act); or c) non-compliance of the Newsletter with the Newsletter Delivery Agreement (the evaluation criteria are specified in Article 43k(1)-(2) of the Consumer Rights Act);
9) Privacy Policy - a document containing information on the processing of Clients' personal data by the Seller;
10) Subject of the digital supply – Account Service or Newsletter;
11) Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by specific regulations, conducting business or professional activity in its own name;
12) Entrepreneur with Consumer Rights – a natural person conducting business or professional activity on their own behalf, who has concluded an Agreement with the Seller directly related to their business activity, but not having a professional character for this person, resulting in particular from the subject of their business activity;
13) Terms and Conditions – the term defined in § 1 section 1 of the Terms and Conditions;
14) Seller – the term defined in § 1 section 3 of the Terms and Conditions;
15) Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded a Newsletter Delivery Agreement with the Seller or has taken steps to conclude it;
16) Goods - a movable item available in the Store within the meaning of the provisions of the Civil Code, which can be purchased by the Buyer, in particular jewelry;
17) Second-hand Goods – Goods used by the Client;
18) Agreement – Account Service Agreement or Sales Agreement or Newsletter Delivery Agreement;
19) Newsletter Delivery Agreement – an agreement for the provision of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Seller undertakes to provide the Newsletter to the Subscriber free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Seller with personal data;
20) Account Service Agreement – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
21) Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code, on the basis of which the Seller undertakes to transfer the ownership of the Goods to the Buyer and hand over the Goods to him, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
22) Agreement for the repair of the Goods – an agreement on the basis of which the Seller undertakes to perform certain repairs of the Used Goods, and the Customer undertakes to pay the Seller a fee;
23) Account Service – a digital service within the meaning of the provisions of the Consumer Rights Act, consisting in the creation and maintenance of an Account by the Seller for the benefit of the User;
24) Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights;
25) Act on the provision of electronic services – the term defined in § 1 section 2 of the Terms and Conditions;
26) User – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Account Service Agreement with the Seller or has taken steps to conclude it;
27) Order – the term defined in § 6 section 4 of the Terms and Conditions;
28) Customer – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Agreement for the repair of the Goods with the Seller or has taken steps to conclude it.
§ 3. Technical requirements
1. For the Clients to properly use the Store, it is necessary jointly:
1) Internet connection;
2) having devices that allow you to use Internet resources;
3) using a web browser that allows hypertext documents to be displayed on the screen of the device, linked to the Internet by a web service and that supports the JavaScript programming language, and also accepts cookies;
4) having an active e-mail account.
2. Within the Store, it is forbidden for the Clients to use viruses, bots, worms or other computer codes, files or programs (in particular those automating the processes of scripts and applications or other codes, files or tools).
3. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, the use of access passwords and antivirus or anti-unwanted software programs.
4. The Seller informs that despite the application of the security measures referred to in section 3 above, the use of the Internet and services provided by electronic means may be at risk of malware getting into the Client's ICT system and device or gaining access to data on this device by third parties. To minimize the above-mentioned threat, the Seller recommends the use of antivirus programs or means of protecting identification on the Internet.
§ 4. Rules for using the Store
1. The Client is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Terms and Conditions, as well as with good practices.
2. The provision of illegal content by the Client is prohibited.
3. The Buyer may purchase Goods both after creating an Account and without creating one. If the Account is created, the Buyer should log in to it before starting shopping.
§ 5. Account Service Agreement
1. To conclude the Account Service Agreement, the User should perform the following actions:
1) go to the Store's website, then click on the "my account" tab and click on the interactive word "create",
2) Enter the following data in the displayed form: a) name and surname; b) Date of birth; c) e-mail address; d) a password to the Account created by the User;
3) it is mandatory to tick the checkbox next to the declaration of reading the Terms and Conditions and the Privacy Policy and accepting their provisions;
4) optionally - tick the checkbox next to the declaration of consent to receive the Newsletter;
5) Click the "Create Account" button.
2. Clicking the "create an account" button is tantamount to concluding the Account Service Agreement by the User.
3. The User gains access to the Account immediately after clicking the "create an account" button.
4. After creating an Account, the User may supplement the mandatory data stored on it with the following optional data:
1) Company Name
2) telephone number;
3) address of residence/business (street, house number, apartment number, city, postal code, country);
4) an additional address.
5. By means of the Account, the User may, in particular:
1) store your personal data;
2) place Orders and view Orders placed;
3) return Goods and review the returns made.
6. Seller informs, and you acknowledge, that you do not need to install updates to the Account Service Agreement to comply with the Account Service Agreement.
7. If the User is not granted access to the Account immediately after concluding the Account Service Agreement, the User calls the Seller to immediately grant access to the Account. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. If the Seller does not grant the User access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Account Service Agreement.
8. Notwithstanding the provisions of section 7 above, if the User is not granted access to the Account, the User may withdraw from the Account Service Agreement without calling the Seller to grant access to the Account, if at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act occurs.
9. Notwithstanding the provisions of sections 7-8 above, the User may terminate the Account Service Agreement at any time and without giving a reason with immediate effect. In addition, pursuant to Article 27 et seq. of the Consumer Rights Act, the User may withdraw from the Account Service Agreement without giving a reason, within 14 (fourteen) days from the date of its conclusion.
10. Withdrawal from the Account Service Agreement or its termination, regardless of the basis for this action, takes place by the User submitting to the Seller a statement of withdrawal from the Account Service Agreement or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence.
11. If the User uses the Account in a manner contrary to the provisions of generally applicable law, the provisions of the Terms and Conditions or good practices, as well as the provision of illegal content by the User, the Seller may terminate the Account Service Agreement with a notice period of 7 (seven) days, by submitting a notice of termination to the User by e-mail. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted. During the notice period, the Seller may block the User's access to the Account if it is necessary to prevent the User from committing further violations.
12. Blocking or deleting the Account does not affect the performance of Sales Agreements and Newsletter Delivery Agreements concluded by the User before blocking or deleting the Account.
§ 6. Sales Agreement
1. To conclude the Sales Agreement, the Buyer should perform the following actions:
1) go to the Store's website;
2) go to the tab of the selected Good and click the "add to cart" button;
3) go to the "cart" tab;
4) optionally add comments to the Order;
5) obligatorily check the checkbox confirming that the Buyer has read and accepts the Terms and Conditions and the Privacy Policy;
6) click the “Buy and pay” button;
7) Enter or select the following data in the form that appears: a) name and surname; b) e-mail address; c) address of residence/business (street, house number, apartment number, city, postal code, country); d) delivery address (if different from your home/business address); e) optionally - the company name and NIP (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer rights); f) payment method; g) delivery method;
8) optionally - tick the checkbox next to the declaration of consent to receive the Newsletter;
9) click the "Pay now" button, and then pay for the Goods in accordance with the selected payment method.
2. The Buyer may choose one of the following methods of delivery of the Goods (available options may vary depending on the country of delivery):
1) courier delivery;
2) delivery to a parcel locker selected by the Buyer;
3) personal collection at: 44 Zelwerowicza Street, 02-928 Warsaw.
3. The Buyer may pay the price for the Goods:
1) by bank transfer to the Seller's bank account;
2) by bank transfer using the Tpay/PayPal/BLIK/Klarna payment system;
3) in cash or by payment card when collecting the Goods in person;
4. Clicking the "Pay now" button by the Buyer is tantamount to placing an offer to purchase the selected Goods (hereinafter: "Order").
5. The Buyer may also place an Order by personalizing the Goods – in such case, the Buyer should open the “Personalization” tab and then perform the steps indicated in sections 1–4 above.
6. After placing the Order, the Buyer receives a confirmation of its placement to the e-mail address provided by the Buyer.
7. If it is not possible to complete the Order, the Seller notifies the Buyer about it by means of a message sent to the e-mail address provided by the Buyer. In the case referred to in the preceding sentence, the Sales Agreement is not concluded between the Seller and the Buyer. If the Order referred to in this section 7 has been previously paid by the Buyer, the Seller shall immediately return all payments made by the Buyer.
8. In the case of submitting the Order for processing, the Seller notifies the Buyer about it by means of a message sent to the e-mail address provided by the Buyer. At the moment of receiving the message referred to in the preceding sentence by the Buyer, the Sales Agreement is concluded between the Seller and the Buyer.
9. If the placed Order, in relation to which the Buyer has selected the payment button for the Goods before its delivery, is not paid within 3 (three) Business Days from the date of its placement, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order takes place by sending an appropriate statement by the Seller to the e-mail address provided by the Buyer.
10. In connection with the conclusion of the Sales Agreement, the Seller issues a fiscal receipt in electronic form (referred to in Article 111 section 3a point 1 letter b of the Act of 11 March 2004 on tax on goods and services) and issues the receipt issued in this way to the Buyer by sending it via e- mail to the e-mail address provided by the Buyer. By accepting the Terms and Conditions, the Buyer agrees to the Seller issuing a receipt in electronic form and issuing it in the manner described in the preceding sentence.
§ 7. Delivery of Goods
1. If the Buyer has chosen the option of collecting the Goods in person, they may collect them at the following address: Zelwerowicza 44, 02-928 Warsaw within 7 (seven) days from the date of receipt of a message from the Seller confirming that the Goods have been prepared for collection.
2. If the Buyer fails to collect the Goods within the time limit indicated in section 1 above, the Seller has the right to withdraw from the Sales Agreement within 7 (seven) days from the date of ineffective expiry of the deadline for collecting the Goods. Withdrawal from the Sales Agreement and cancellation of the Order takes place by sending an appropriate statement by the Seller to the e-mail address provided by the Buyer. If the Buyer has paid for the Goods before the Seller withdraws from the Sales Agreement, the Seller returns all payments made by the Seller immediately after the withdrawal from the Sales Agreement.
3. The Seller carries out the shipment of Goods to addresses located in the territory of the Republic of Poland and other countries of the world. The list of countries to which the Seller currently ships the Goods is available on the Store's website.
4. In the case of shipment of the Goods to countries outside the European Union, the Buyer bears the costs of customs duties. Detailed information on the amount of fees due can be found by the Buyer on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of fees due (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
5. The costs of shipping the Goods are covered by the Buyer, who pays them at the same time as the payment of the price for the Goods.
6. The Goods are shipped within 1-2 Business Days from the date of crediting the payment for the Goods to the Seller's bank account.
7. The Seller may provide the Buyer with the option to track the delivery of the Goods via a dedicated link.
8. The Seller is obliged to deliver the Goods to the Buyer in accordance with the Sales Agreement applicable to him.
9. The goods delivered to the Buyer should be in intact condition.
10. If the Goods are delivered by a courier, the Buyer should check the Goods in his presence. If the Goods package is damaged, the Buyer should draw up a damage protocol and contact the Seller.
§ 8. Right to withdraw from the Sales Agreement
1. The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with the rights of a Consumer.
2. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 30 (thirty) days from the date of coming into possession of the Goods by the Buyer or a third party indicated by the Buyer who is not a carrier.
3. The Buyer exercises the right to withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal from the Sales Agreement (hereinafter: "Statement"). In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Statement before the expiry of the deadline referred to in section 2 above.
4. The statement may be submitted by the Buyer in any form, in particular on the form constituting Appendix No. 2 to the Act on Consumer Rights. However, in order to facilitate the exercise of the right to withdraw from the Sales Agreement, the Seller recommends submitting the Statement in the manner indicated in sections 5-8 below.
5. The Buyer may submit a Statement in the form of:
1) Electronic;
2) Paper.
6. If the Statement is selected in electronic form, the Buyer should send an e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions with a message containing the following elements:
1) the Buyer's name and surname;
2) e-mail address;
3) mailing address;
4) a clear statement of withdrawal from the Sales Agreement;
5) indication of the Goods to which the withdrawal from the Sales Agreement relates;
6) Order number or receipt number;
7) date of placing the Order;
8) PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).
7. In the case of choosing the Statement in paper form, the Buyer should print and fill in the form constituting Appendix No. 1 to the Terms and Conditions and then send it together with the Goods to the address indicated in section 10 below.
8. The Seller sends the Buyer a confirmation of receipt of the Statement immediately after its receipt, by e-mail.
9. In the event of exercising the right to withdraw from the Sales Agreement, the Buyer should send the Goods back to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. In order to meet the deadline referred to in the preceding sentence, it is sufficient to send back the Goods before its expiry.
10. The Standard Goods should be sent back to the following address:
Berries&Co. sp. z o.o. Zelwerowicza 44 02-928 Warsaw
11. The Buyer bears the direct costs of returning the Goods.
12. The refund of payments made by the Buyer takes place after the Seller receives the returned Goods or a proof of their return by the Buyer, whichever occurs first. The refund is made using the same method of payment as was used by the Buyer in the original transaction, unless the Buyer expressly agrees otherwise. The buyer does not bear the cost of returning the payment made.
13. The Buyer is responsible for the decrease in the value of the Goods resulting from using them in a manner other than it was necessary to determine the nature, characteristics and functioning of the Goods.
14. The Buyer does not have the right to withdraw from the Sales Agreement if the Goods are a non- prefabricated item, manufactured according to the Buyer's specification or used to meet his individual needs.
§ 9. Newsletter Delivery Agreement
1. To conclude the Newsletter Delivery Agreement, the Subscriber should provide the Seller with an e-mail address or telephone number and submit a statement of consent to receive the Newsletter, read the Terms and Conditions and the Privacy Policy and accept their provisions.
2. The actions indicated in section 1 above may be performed in any way, in particular by filling in the electronic form available in the Store by the Client.
3. The Newsletter Delivery Agreement is concluded for an indefinite period.
4. Seller informs, and Subscriber acknowledges, that:
1) The newsletter is not subject to updates;
2) the frequency and dates of delivery of the Newsletters are not predetermined and depend on the current situation of the Seller.
5. The Newsletter is delivered by e-mail to the e-mail address provided by the Subscriber or to the phone number via SMS or the WhatsApp application. .
6. The Subscriber may terminate the Newsletter Delivery Agreement at any time and without giving a reason with immediate effect. Moreover, pursuant to Article 27 et seq. of the Consumer Rights Act, the Subscriber who is a Consumer or an Entrepreneur with Consumer rights may withdraw from the Newsletter Delivery Agreement without giving a reason, within 14 (fourteen) days from the date of its conclusion.
7. Withdrawal from the Newsletter Delivery Agreement or its termination, regardless of the basis for this action, requires the Subscriber to submit an appropriate statement to the Seller. The declaration referred to in the preceding sentence may be made by:
1) clicking on the link to unsubscribe from receiving the Newsletter sent with each Newsletter;
2) sending the Provider a statement of withdrawal from the Newsletter Delivery Agreement or its termination by e-mail. The statement referred to in this point 2 may also be submitted on the form constituting Appendix No. 2 to the Consumer Rights Act.
8. The Seller suspends the delivery of the Newsletter to the Subscriber immediately after the Subscriber performs one of the activities indicated in section 7 above.
§ 10. Complaints about Goods
1. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty towards the Buyers who are Entrepreneurs is excluded. Further provisions of this § 10 apply only to:
1) a Buyer who is a Consumer or an Entrepreneur with Consumer rights;
2) Non-compliance of the Goods with the Sales Agreement.
2. The goods delivered to the Buyer by the Seller must be in accordance with the Sales Agreement.
3. The Seller shall be liable for the Non-compliance existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that moment, unless the expiry date of the Goods for use is longer.
4. In the event of revealing a Non-compliance, the Buyer is entitled to the rights indicated in Article 43d et seq. of the Consumer Rights Act. The Buyer's rights indicated in the preceding sentence are exercised in accordance with the provisions of the Consumer Rights Act and the provisions of this §
10.
5. In the event of revealing a Non-Compliance, the Buyer may file a complaint requesting the following:
1) repair the Goods, or
2) exchange of the Goods.
6. The basis for filing a complaint may not be damage occurring after the delivery of the Goods and being the result of ordinary wear and tear of the Goods, use of the Goods contrary to their intended purpose or improper maintenance of the Goods, in particular:
1) Scratches;
2) Dents;
3) Discoloration;
4) peeling off or worn gilding;
5) elements torn, broken or otherwise detached from the Goods as a result of improper handling of the Goods.
7. The complaint shall be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. A complaint may be submitted using the form constituting Appendix No. 2 to the Terms and Conditions.
8. The complaint should include:
1) the Buyer's name and surname;
2) e-mail address;
3) Order number or receipt number;
4) the date of delivery of the Goods;
5) a description of the disclosed Non-compliance;
6) request repair or replacement of the Goods.
9. If the Seller receives a request:
1) repair of the Goods – the Seller is entitled to replace the Goods;
2) replacement of the Goods – the Seller is entitled to repair the Goods; – if the method of bringing the Goods into conformity with the Sales Agreement chosen by the Buyer is impossible or would require the Seller to incur excessive costs.
10. In the event that both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
11. After considering the complaint, the Seller provides the Buyer with a response to the complaint, in which:
1) accepts the complaint and indicates the planned date of implementation of the Buyer's request;
2) acknowledges the complaint and informs the Buyer about the Seller's exercise of the right referred to in section 8 above;
3) refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in section 9 above;
4) rejects the complaint due to its unfoundedness.
12. The Seller responds to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
13. In the cases referred to in section 11 points 1-2 above, the Seller at its own expense brings the Goods into conformity with the Sales Agreement within a reasonable time from the moment of receipt of the complaint and without excessive inconvenience for the Buyer, taking into account the specificity of the Goods and the purpose for which the Buyer purchased them. The planned date of bringing the Goods into conformity with the Sales Agreement is indicated by the Seller in the response to the complaint.
14. The Buyer makes available to the Seller the Goods to be repaired or replaced. The Seller collects the Goods from the Buyer at his own expense.
15. After bringing the Goods into conformity with the Sales Agreement, the Seller delivers them to the Buyer at his own expense.
16. The Buyer is not obliged to pay for the ordinary use of the Goods, which were subsequently replaced.
17. In the event of revealing the Non-Compliance, the Buyer may submit to the Seller a statement on price reduction or withdrawal from the Agrement, when:
1) The Seller refused to bring the Goods into conformity with the Sales Agreement for the reasons indicated in section 9 above;
2) The Seller has not brought the Goods into conformity with the Sales Agreement in accordance with sections 13-14 above;
3) The non-compliance continues despite the fact that the Seller has tried to bring the Goods into conformity with the Sales Agreement;
4) The non-compliance is so significant that it justifies withdrawal from the Sales Agreement without prior demand from the Seller to bring the Goods into conformity with the Sales Agreement;
5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
18. A statement on price reduction or withdrawal from the Sales Agreement may be submitted by e- mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
19. The statement on price reduction or withdrawal from the Sales Agreement should include:
1) the Buyer's name and surname;
2) e-mail address;
3) Order number;
4) the date of delivery of the Goods;
5) a description of the disclosed Non-compliance;
6) indication of the reason for submitting the statement, selected from among the reasons indicated in section 17 above;
7) a statement on the reduction of the price of the Goods, together with an indication of the reduced price of the Goods, or a statement on withdrawal from the Sales Agreement.
20. The reduced price must remain in such proportion to the price resulting from the Sales Agreement in which the value of the Goods not in conformity with the Sales Agreement remains to the value of the Goods in accordance with the Sales Agreement. The Seller returns to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
21. The Buyer may not withdraw from the Sales Agreement if the Non-compliance is insignificant.
22. In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at his expense. The Goods should be sent back to the following address: Berries&Co. sp. z o.o. Zelwerowicza 44 02-928 Warsaw
23. The Seller returns the price of the Goods to the Buyer immediately, not later than within 14 (fourteen) days from the date of receipt of the Goods or the proof of sending them back, whichever occurs first. The refund is made using the same means of payment as was used by the Buyer in the original transaction, unless the Buyer expressly agrees to another method of refund that does not involve any costs for the Buyer.
§ 11. Agreement for the repair of the Goods
1. To conclude an Agreement for the repair of the Goods, the Customer should print and fill in the form constituting Appendix No. 3 to the Terms and Conditions, and then send it together with the Used Goods to the following address:
Berries&Co. sp. z o.o. Zelwerowicza 44 02-928 Warsaw
2. The costs of delivering the Goods used to the Seller shall be borne by the Customer. The Seller may refuse to accept the Used Goods sent by cash on delivery.
3. The Customer is obliged to deliver the Used Goods in a way that ensures their safety. The Seller shall not be liable for the consequences of delivering the Goods used in an incorrect manner (in particular for their loss or damage), in particular by using improper packaging.
4. After receiving the Used Goods, the Seller makes a valuation of the repairs indicated in the form and sends it to the Customer via e-mail. At the same time, the Seller informs the Customer about the costs of returning the repaired Used Goods.
5. After receiving the quote, the Customer may use e-mail:
1) confirm the commencement of repair of the Used Goods, or
2) resign from repairing the Used Goods.
6. If the Seller is not informed about making one of the decisions indicated in section 5 above within 7 (seven) days from the date of receipt of the quote, it is considered that the Customer has resigned from repairing the Used Goods upon the expiry of the above-mentioned period.
7. In the event of the Customer's resignation from the repair of the Used Goods, the Customer is obliged to collect the Used Goods from the Seller at their own expense within 7 (seven) days from the date of resignation. If the Customer does not collect the Used Goods within the time limit indicated in the preceding sentence, the Seller is entitled to send it back at the Customer's expense.
8. If the valuation is accepted, the Customer is obliged to prepay the entire remuneration in accordance with the valuation of the Used Goods repair received from the Seller. The prepayment is made by transfer to the Seller's bank account number: 93 1050 1038 1000 0092 7940 7937. At the same time, the Customer pays the costs of returning the repaired Used Goods.
9. After receiving the remuneration, the Seller sends the Customer a message via e-mail, as part of which:
1) confirms acceptance of the repair order for the Goods used for execution;
2) indicates the date of repair of the Used Goods.
10. Upon receipt by the Customer of the message referred to in section 10 above, the Agreement for the repair of the Used Goods is concluded.
11. After repairing the Used Goods, the Seller sends the Used Goods back to the Customer by courier to the address indicated by the Customer.
12. The Customer may withdraw from the Agreement for the repair of the Goods without giving a reason, within 14 (fourteen) days from the date of its conclusion. In such a case, the provisions of § 8 of the Terms and Conditions shall apply, subject to sections 13-14 below.
13. If the performance of repairs of the Used Goods has been commenced before the deadline for withdrawal from the Agreement for the repair of the Goods, and the Customer has withdrawn from the Agreement for the repair of the Goods before their completion, in accordance with Article 35 of the Consumer Rights Act, the Consumer is obliged to pay for the service provided by the Seller until the moment of withdrawal. The amount of payment will be calculated by the Seller in proportion to the scope of the service provided (including the amount of the valuation for the repair of the Used Goods) and then will be deducted by the Seller from the amount to be reimbursed to the Customer.
14. In the event of full repair of the Goods used by the Seller, the Customer shall not have the right to withdraw from the Agreement for the repair of the Goods (pursuant to Article 38(1)(1) of the Consumer Rights Act).
15. The provisions of sections 13-14 above apply to Customers who are Consumers or Entrepreneurs with Consumer rights.
16. The provisions of this § 11 do not apply to repairs carried out on the basis of § 10 of the Terms and Conditions.
17. In the event of improper repair of the Used Goods, the Customer may file a complaint. The complaints referred to in the preceding sentence are considered and handled by the Seller in accordance with the properly applied procedure specified in § 10 of the Terms and Conditions.
§ 12. Complaints regarding the Subject of the Digital Supply
1. The provisions of this § 12 apply only to:
1) Clients who are: a) Users or Subscribers, unless a specific provision of the Terms and Conditions applies only to one of these persons, and b) Consumers or Entrepreneurs with Consumer rights;
2) Account Service Agreements and Newsletter Delivery Agreements, unless a specific provision of the Terms and Conditions applies only to one of these Agreements;
3) Inconsistency of the Account Service with the Account Service Agreement or Non- compliance of the Newsletter with the Newsletter Delivery Agreement.
2. The Subject of digital supply delivered to the Client by the Seller must comply with the Agreement:
1) at the time of its delivery – if the Subject of the digital supply is delivered on a one-off basis or in parts;
2) throughout the entire period of delivery of a given Subject of the digital supply – if the Subject of the digital supply is delivered on a continuous basis.
3. The Seller shall be liable for Non-compliance:
1) existing at the time of delivery of the Subject of the digital supply and disclosed within 2 (two) years from that moment - in the event that the Subject of the digital supply is delivered on a one-off basis or in parts;
2) disclosed during the period of delivery of a given Subject of the digital supply – if the Subject of the digital supply is delivered on a continuous basis.
4. In the event of revealing a Non-compliance, the Client may file a complaint requesting that the Subject of the digital supply be brought into compliance with the Agreement.
5. The complaint shall be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
6. The complaint should include:
1) the Client's name and surname;
2) e-mail address;
3) a description of the disclosed Non-compliance;
4) a request to bring the Subject of the digital supply into conformity with the Agreement.
7. The Seller may refuse to bring the Subject of the digital supply into compliance with the Agreement if it is impossible or would require the Seller to incur excessive costs.
8. After considering the complaint, the Seller provides the Client with a response to the complaint, in which:
1) acknowledges the complaint and indicates the planned date of bringing the Subject of the digital supply into compliance with the Agreement;
2) refuses to bring the Subject of the digital supply into compliance with the Agreement for the reasons indicated in section 7 above;
3) rejects the complaint due to its unfoundedness.
9. The Seller responds to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
10. If the complaint is accepted, the Seller at its own expense brings the Subject of the digital supplyinto compliance with the Agreement within a reasonable time from the moment of receipt of the complaint and without excessive inconvenience for the Client, taking into account the nature of the Subject of the digital supply and the purpose for which it is used. The planned date of bringing the Subject of the digital service into compliance with the Agreement is indicated by the Seller in the response to the complaint.
11. In the event of revealing the Non-compliance, the Client may submit a statement of withdrawal from the Agreement to the Seller when:
1) it is impossible or requires excessive costs to bring the Subject of the Digital Supply into conformity with the Agreement;
2) The Seller has not brought the Subject of the digital supply into compliance with the Agreement in accordance with section 10 above;
3) The non-compliance persists despite the fact that the Seller has tried to bring the Subject of the digital supply into compliance with the Agreement;
4) The non-compliance is so significant that it justifies withdrawal from the Agreement without prior demand from the Seller to bring the Subject of the digital supply into compliance with the Agreement;
5) it is clear from Seller's statement or circumstances that Seller will not bring the Subject of the digital supply into conformity with the Agreement within a reasonable time or without undue inconvenience to Client.
12. The statement of withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
13. The statement of withdrawal from the Agreement should include:
1) the Client's name and surname;
2) e-mail address;
3) the date of delivery of the Subject of the digital supply;
4) a description of the disclosed Non-compliance;
5) indication of the reason for making the statement, selected from among the reasons indicated in section 11 above;
14. The recipient may not withdraw from the Agreement if the Non-compliance is immaterial.
15. In the event of withdrawal from the Account Service Agreement by the User, the Seller deletes the Account immediately after receiving the statement of withdrawal from the Account Service Agreement.
16. If the Subscriber withdraws from the Newsletter Delivery Agreement, the Seller suspends the delivery of the Newsletter immediately after receiving the statement of withdrawal from the Newsletter Delivery Agreement.
17. Pursuant to Article 34(1a) of the Consumer Rights Act, if the Client withdraws from the Agreement, the Buyer is obliged to cease using the Subject of the digital supply and make it available to third parties.
§ 13. Seller's Intellectual Property
1. All components of the Store, in particular:
1) the name of the Store;
2) the Store's logo;
3) photos and descriptions of the Goods;
4) the principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases - are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including the provisions of European Union law.
2. Any use of the Seller's intellectual property without its prior express permission is prohibited.
§ 14. Processing of personal data
Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: https://berriesandco.pl/pages/polityka-prywatnosci.
§ 15. Out-of-court dispute resolution
1. The provisions of this § 15 apply only to Clients who are Consumers.
2. The Client has the option of using out-of-court methods of handling complaints and pursuing claims.
3. Detailed information on the possibility of using out-of-court methods of handling complaints and pursuing claims by the Client, as well as the rules of access to these procedures, are available at the offices and on the websites:
1) district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
2) Provincial Inspectorates of Trade Inspection;
3) Office of Competition and Consumer Protection.
§ 16. Changing the Account Service
1. The Seller may change the Account Service in the event of:
1) the need to adapt the Account Service to new devices or software used by Users to use the Account Service;
2) the Seller decides to improve the Account Service by adding new functionalities to it or modifying the existing functionalities;
3) a legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
2. Changing the Account Service may not involve any costs on the part of the User.
3. The Seller informs the Users about the change of the Account Service by placing a message on the Account informing about the changes. Independently, information about the change may be sent to Users by e-mail.
4. If a change in the Account Service will significantly and negatively affect the User's access to the Account Service, the Seller is obliged to inform the User about:
1) the characteristics and timing of the amendment, and
2) the User's right to terminate the Account Service Agreement with immediate effect within 30 (thirty) days of the change.
5. The information referred to in section 4 above is sent by the Seller to the Users via e-mail, no later than 7 (seven) days before the change is made.
6. Termination of the Account Service Agreement by the User pursuant to section 4 point 2 above takes place by submitting to the Seller a statement of termination of the Account Service Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence.
§ 17. Changes to the Terms and Conditions
1. The Seller may amend the Terms and Conditions in the event of:
1) changes to the Seller's data;
2) changes in the Seller's business;
3) the Seller begins to provide new services, modifies or ceases to provide services provided so far;
4) make technical modifications to the Store requiring adaptation of the provisions of the Terms and Conditions to them;
5) legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal status.
7. Clients will be informed about the change in the Terms and Conditions by publishing their amended version on the Store's website. At the same time, the amended version of the Terms and Conditions will be sent to the Users by e-mail.
8. To Sales Agreements concluded before the date of publication of the new Terms and Conditions on the Store's website, the provisions of the then applicable Terms and Conditions shall apply.
9. The User who does not agree to the amendment of the Terms and Conditions may terminate the Agreement for the provision of the Account Service with immediate effect within 7 (seven) days from the date of receipt of the amended version of the Terms and Conditions by e-mail. Failure to terminate shall be deemed to be consent to the amendment of the Terms and Conditions.
10. Termination of the Account Service Agreement takes place by submitting a statement of termination of this Agreement to the Seller by the User. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
11. Immediately after receiving the statement referred to in section 5 above, the Seller deletes the Account.
§ 18. Final provisions
1. The applicable law for the Terms and Conditions and the Agreements indicated therein is the Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of protection under the provisions of foreign law, which cannot be excluded by way of an agreement and which would be applicable in the absence of the choice of Polish law made in the preceding sentence.
2. The following are part of the Terms and Conditions:
1) Appendix No. 1 - Statement of withdrawal from the Sales Agreement;
2) Appendix No. 2 – Complaint;
3) Appendix No. 3 – Used Goods Repair Order.
3. The current version of the Terms and Conditions is effective as of 11.03.2026.