ONLINE STORE WWW.BARRACUDADPV.COM

Terms and conditions

Updated on 13.02.2024

§ 1. GENERAL PROVISIONS

  1. Store www.barracudadpv.com operates under the terms of these Regulations.
  2. The Regulations define the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.barracudadpv.com, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically.
  3. Each Service Recipient, at the moment of undertaking activities aimed at using the Electronic Services of the www.barracudadpv.com Store, is obliged to comply with the provisions of these Regulations.
  4. In matters not covered by these Regulations, the regulations shall apply:
    1. Of Electronic Services Actof July 18, 2002,
    2. Of the Consumer Rights Act of May 30, 2014,
    3. Of the Law on Out-of-CourtResolution of Consumer Disputes of September 23, 2016,
    4. Of the Civil Code Act of April 23, 1964 and other relevant provisions of Polish law.

 § 2. DEFINITIONS CONTAINED IN THE REGULATIONS

  1. ORDER FORM – a form available on the website www.barracudadpv.com for placing an Order.
  2. CUSTOMER – a Customer who intends to conclude or has concluded a Sales Contract with the Seller.
  3. CONSUMER – a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity.
  4. PRODUCT – a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
  5. REGULATIONS– these rules of the Store.
  6. STORE – Service Provider’s online store operating at www.barracudadpv.com.
  7. SELLER, SERVICE PROVIDER – Barracuda Marcin Boguś, 17 Łuczywo Street, 03-071 Warsaw, Poland. NIP: PL5242328267, REGON: 145982574
  8. SALE AGREEMENT– Agreement for the sale of a Product concluded between the Customer and the Seller through the Store.
  9. ORDER – the Customer’s statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

§ 3. INFORMATION ON PRODUCTS AND THEIR ORDERING

  1. Store www.barracudadpv.com sells Products via the Internet.
  2. Products offered in the Store are new, free from physical and legal defects and have been legally introduced into the Polish market.
  3. The informationon the Store’s website does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to buy a specific Product under the conditions stated in its description.
  4. The price of the Product shown on the Store’s website is given in EURO (€) and includes all components. The price does not include delivery costs.
  5. Orders can be placed through the website using the Order Form (shop www.barracudadpv.com) – 24 hours a day, all year round.
  6. Is a condition for Customer to place an Order in the Store that he/she reads and accepts the Terms and Conditions at the time of placing the Order.

§ 4. CONCLUSION OF THE SALES CONTRACT

  1. In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by the method made available by the Seller, in accordance with § 3 item 5 and 6 of the Regulations.
  2. After placing an Order, the Seller immediately confirms its receipt.
  3. Confirmation of receipt of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail message.
  4. Acknowledgement of receipt of Order includes:
    1. Confirmation of all essential elements of the Order,
    2. Withdrawal form,
    3. These Terms and Conditions including instructions on the right to withdraw from the contract.
  1. As soon as Customer receives the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
  2. Each Sales Contract will be confirmed by a proof of purchase, which will be attached to the Product.

§ 5. METHODS OF PAYMENT

  1. Seller provides the following payment methods:
    1. Payment by traditional transfer to the Seller’s bank account,
  2. In case of by traditional transfer, payment should be made to the bank account number: LT87 3250 0950 8243 3245 (Revolut Bank). In the title of the transfer, please write “Order No. …”.
  3. The customer is obliged to pay the price of the Sales Agreement within 7 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
  4. The product will be shipped after receipt of payment.

§ 6. COST, TIMING AND DELIVERY METHODS OF THE PRODUCT

  1. Product delivery costs, which are paid by the Customer, are determined during the Ordering process.
  2. The delivery time consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
    1. Time to complete order is listed next to each product, usually 3 business days for available products and 14 business days for backordered products,
    2. Delivery of Products that are movable items by the carrier shall be made within the period declared by the carrier from the moment of shipment (delivery shall be made only on working days excluding Saturdays, Sundays and holidays).
  3. Products purchased from the Store are shipped exclusively within the European Union via courier service.
  4. The Customer grants the Seller the power of attorney to conclude, in the name and on behalf of the Customer, a one-time contract with a courier company for the shipment of the consignment.

§ 7. PRODUCT COMPLAINT

  1. Warranty claim.
    1. The basis and scope of Seller’s liability to the Customer who is a Consumer under the warranty covering physical and legal defects, are set forth in the Civil Code Act of April 23, 1964,
    2. Notification of defects concerning the Product and submission of the corresponding request can be made by e-mail to: info@barracudadpv.com or in writing to the address: Barracuda, ul. Łuczywo 17, 03-071 Warsaw, Poland.
    3. In the above message in writing or electronically, you should provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller,
    4. For evaluation of physical defects of the Product,it should be delivered to the address: Barracuda ul. Łuczywo 17, 03-071 Warsaw, Poland.
    5. The Seller will respond to the Customer’s request immediately, but no later than within 14 days of the complaint,
    6. In the case of a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance. In connection with a legitimate complaint of a Customer who is a Consumer, the Seller shall cover the costs of collection, delivery and replacement of the Product with a defect-free one,
    7. response to the complaint is provided by email.

§ 8. RIGHT OF WITHDRAWAL

  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a remote contract may withdraw from it without giving reasons by making a statement to that effect within 14 days.
  2. In the event of withdrawal from the contract, the Sales Contract is considered not concluded, and the Consumer is obliged to return the Product to the Seller or give it to a person authorized by the Seller for collection immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration.
  3. In case of withdrawal from the Sales Contract, the Product should be returned to the address: Barracuda ul. Łuczywo 17, 03-071 Warsaw, Poland.
  4. The Consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer should handle and inspect the Products only in the same manner as he or she would be able to do so in a stationary store.
  5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of its delivery using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer. Subject to point 7 of this paragraph, the refund will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
  6. If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse him, the additional costs incurred by him.
  7. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of the payment received from the Consumer until he receives the item back or provides proof of its return, whichever event occurs first.
  8. Consumer withdrawing from the Sales Contract, in accordance with point 1 of this paragraph, shall only bear the cost of returning the Product to the Seller.
  9. The fourteen-day period within which the Consumer may withdraw from the contract is calculated from the day on which the Consumer took possession of the Product, and in the case of services from the date of conclusion of the contract.
  10. The right of withdrawal from a contract concluded remotely does not apply to the Consumer in the case of a Sales Agreement, among others, in which the subject of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individual needs,
  11. The right of withdrawal from the Sales Contract is vested in both the Seller and the Customer, in case of failure of the other party to the contract to perform its obligation within a strictly defined period.

§ 9. TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider allows through the Store to use the Electronic Service, which is the conclusion of Contracts for Sale of a Product.
  2. The provision of the Electronic Service to the Store’s Service Recipients is carried out under the terms and conditions specified in the Regulations.
  3. The Service Provider has the right to post advertising content on the Store’s website. This content, is an integral part of the Store and the materials presented therein.

§ 10. TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of the Electronic Service specified in § 9.1 of the Regulations by the Service Provider is free of charge.
  2. The contract provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or when the Customer ceases to place it.
  3. Technical requirements necessary to work with the ICT system used by the Service Provider:
    1. Computer (ormobile device) with Internet access,
    2. Email access,
    3. Web browser,
    4. Enable Cookies and Javascript in your web browser.
  4. The Customer is obliged to use the Store in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to enter data in accordance with the facts.
  6. The Service Recipient is prohibited from providing unlawful content.

§ 11. COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to: info@barracudadpv.com
  2. In the above e-mail message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
  3. Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.
  4. The Service Provider’s response to the complaint is sent to the Client’s e-mail address provided in the complaint or by any other means provided by the Client

§ 13. FINAL PROVISIONS

  1. Contracts concluded through the Store are concluded in accordance with Polish law.
  2. If any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
  3. Any disputes arising from Sales Contracts between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with paragraph 4 of this section.
  4. Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
  5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
  6. In order to resolve a dispute amicably, a consumermay, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.