TERMS AND CONDITIONS

Effective Date: 7th April 2022

 

§1 DEFINITIONS

The capitalized expressions used in this Terms and Conditions will have the following meanings, unless the context requires otherwise:

1. Store – the online store located at the domain bavvic.com.

2. Seller – BAVVIC Sp. z o.o. with its registered office in Chorzemin, 64-200, ul. Żurawia 2, Poland, REGON: 521695415, NIP: 9231739744.

3. Product, Products – all items offered for sale by the Seller in the Store. BAVVIC Products are protected by intellectual property rights in various countries, including the European Union Intellectual Property Office (EUIPO). Individuals infringing these rights will be subject to civil and criminal liability.

4. Customer, User – a person using the Store, a store user.

5. Terms and Conditions – this document, which constitutes a set of rules for using the Store and making purchases of Products.

6. Agreement – a sales agreement concluded between the Customer and the Seller through the Store. The terms and conditions of this Agreement are governed by the provisions of the Terms and Conditions.

7. Pre-sale – the sale of a Product on order, executed in advance with reference to the execution and delivery of the Product.

8. Working Day - any day from Monday to Friday, excluding public holidays.

 

§2 GENERAL INFORMATION

1. The online store available at https://www.bavvic.com is operated by BAVVIC Sp. z o.o. with its registered office in Chorzemin (64-200) at ul. Żurawia 2, entered into the National Court Register maintained by the Poznań Nowe Miasto and Wilda District Court in Poznań, IX Economic Department of the National Court Register, under KRS number: 0000965352, REGON: 521695415, NIP: 9231739744, email address: info@bavvic.com, phone number: 508009559, and bank account numbers:

• 78 1090 1607 0000 0001 5021 9031 in EUR currency

• 79 1090 1607 0000 0001 5021 9013 in PLN currency

1. These Terms and Conditions are addressed to consumers or entrepreneurs purchasing products for their own use. Purchased products cannot be resold for profit. Entities interested in further product distribution should express their interest to info@bavvic.com.

2. Commencement of using the Store requires familiarization with these Terms and Conditions and their acceptance.

3. By placing an order, the Customer agrees to use the Store in accordance with the provisions of these Terms and Conditions in force on the date of placing the order.

4. Lack of acceptance of the provisions of these Terms and Conditions prevents the use of the Store and the purchase of Products offered by the Seller.

5. Customer's personal data is processed by the Seller in accordance with the Privacy Policy.

6. All Products offered for sale are new and unused.

 

§3 NEWSLETTER AND AVAILABILITY NOTIFICATION

1. The Customer may order the service of receiving notifications about Products and the latest events related to the BAVVIC brand ("Newsletter") by completing the form on the Store's website in the Contact tab (https://bavvic.com/contact).

2. To order the Newsletter service, the Customer provides their email address to receive the Newsletter and confirms acceptance of the Terms and Conditions.

3. The Newsletter is sent electronically (email).

4. By providing an email address, the Customer agrees to:

• The processing of their personal data in accordance with the Terms and Conditions for the purpose of receiving notifications about Products and the latest events related to the BAVVIC brand (marketing purposes).

• Receiving commercial information from the Store within the meaning of Art. 10(2) of the Act of 18 July 2002 on the provision of electronic services, to the email address provided during registration (consolidated text: Journal of Laws of 2019, item 123, 730).

1. The Store uses the MailChimp platform for the automation of the Newsletter service. By subscribing to the Newsletter service, the Customer agrees to the transfer by the Seller of the provided personal data to MailChimp (address: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA) for processing, in accordance with their Privacy Policy and Terms and Conditions. MailChimp is certified under the EU-U.S. Privacy Shield Framework and complies with the requirements of the GDPR.

2. The Customer can unsubscribe from the Newsletter service at any time by clicking on the link at the bottom of each received email.

3. The Customer can order the service of entering the Customer on the waiting list for a one-time notification about the availability of a selected Product ("Availability Notification") by completing the form on the Store's portal for the specific, chosen Product.

4. To order the Availability Notification service, the Customer provides their email address to receive a one-time notification about the availability of the selected Product and confirms acceptance of the Terms and Conditions. The notification is sent electronically (email).

5. A one-time notification applies to each selected Product individually. To receive notifications about multiple selected Products, the Customer must place an Availability Notification service order for each of these Products.

6. The provisions of §3(4) above apply accordingly.

 

§4 PRE-SALE TERMS

1. Any Customer expressing a desire to participate in the Pre-sale and purchase a Product covered by the Pre-sale may participate.

2. Orders can be placed only through the website https://www.bavvic.com. In terms of order placement rules, offered delivery and payment methods, the provisions of the Terms and Conditions apply, subject to the provisions contained in this paragraph.

3. The Customer will be notified separately by email about the expected availability date of the Products. The date may change due to reasons beyond the Seller's control (e.g., lack of raw materials or delivery issues). If there are delays in order processing, the Customer will be informed by email.

4. The Seller reserves the right to cancel orders placed as part of the Pre-sale in case of insufficient availability of the Product or failure to collect a sufficient amount from orders necessary to start the production process of the Product. The Customer will be informed about this by email.

5. Participants will receive a refund for the purchased Product immediately after being notified of the cancellation of their order (but no later than within 14 days).

6. Participants who have purchased a Product as part of the Pre-sale have the right to withdraw from the contract under the conditions specified in §5(12) of the Terms and Conditions.

7. The Seller is not liable for any non-Seller-related financial or non-financial loss incurred by the Customer in connection with their participation in the Pre-sale.

8. Participation in the Pre-sale is voluntary.

9. The Customer is entitled to participate in the Pre-sale multiple times during its validity, provided they fulfill the conditions specified in the Terms and Conditions each time.

 

§5 CONCLUSION OF A SALES AGREEMENT

1. The Customer enters into a Sales Agreement by placing an order on the Store's website. The Sales Agreement is concluded between the Customer and the Seller. The Terms and Conditions form the model agreement.

2. The sales process consists of the following steps: (i) adding Products to the shopping cart, (ii) proceeding to checkout, (iii) confirming the order placed, (iv) payment, (v) order verification, (vi) order acceptance confirmation (conclusion of the Sales Agreement), (vii) delivery.

3. To place an order and go through the order process, the Customer must:

   • Select Products from the available offer, specifying the type and quantity of the Product.

   • Click the "Add to cart" button on the Store page displaying the selected Product.

   • Click the "Proceed to checkout" button.

   • Verify the list of ordered Products.

   • Click the "Place Order" button.

   • Provide delivery details.

   • Select a delivery method and accept its cost.

   • Choose a payment method.

   • Confirm the order by clicking the "Pay" button.

4. Until the Customer confirms the order by clicking the "Pay" button, they have the opportunity to make changes related to the ordered Products, delivery details, delivery method, payment method, and the form of purchase confirmation, i.e., a sales receipt/invoice or VAT invoice (subsequent changes in this regard are not possible, e.g., issuing a corrective invoice not required by financial law regulations, including changing the buyer's data on the invoice, especially as a result of resale).

5. Clicking the "Pay" button constitutes the Customer's confirmation of the order's contents.

6. The order's content, along with information about the Product and delivery costs, will be displayed on the Store page.

7. After placing the order, the Customer immediately makes payment according to the chosen payment method. Failure to make payment within the required time frame will result in order cancellation.

8. After payment of the order, a message containing a summary of the order information, such as Product type, order value, chosen delivery method and its cost, payment method, and the Customer's delivery details, will be sent to the email address provided by the Customer during the order placement.

9. After the payment is recorded by the Store, the Seller processes the Customer's order for verification. After successful verification of the order, the Seller accepts the order for execution. The Customer receives electronic confirmation of the order's acceptance (the "Order Confirmation") at the email address provided by them. The delivery time will be determined by the Store.

10. Orders can be placed 24/7, every day of the week. Orders placed on non-working days will be processed on the first working day following the day the order was placed.

11. The condition for placing and processing an order is providing the Customer's data necessary for the delivery of the Product and accepting the content of the Terms and Conditions.

12. The Customer has the right to cancel the order until they receive confirmation of the order's acceptance for processing from the Store. To do this, the Customer should immediately contact the Store via email at info@bavvic.com and inform the Store about the cancellation of the order.

13. Order acceptance confirmation is at the Seller's discretion. The Seller reserves the right to refuse to accept the Customer's order for processing, especially in the following cases:

• The Customer's delivery details are incomplete or incorrect.

• There is a lack of authorization for payment in the electronic payment system selected during the order.

• Payment has not been made within the required time.

• The Product is unavailable.

1. In case of order rejection and refusal to process it, the Customer will not receive the confirmation referred to in §5(9) above. Additionally, the Customer will receive an email from the Store informing them that the offer has not been accepted, a Sales Agreement has not been concluded, and the order has been canceled.

 

§6 DELIVERY AND RECEIPT

1. All orders are delivered to the Customer by courier to the address provided by them.

2. Order processing commences after the funds are credited to the Seller's bank account in the chosen payment system paid by the Customer for the sales price and delivery costs, and after the order is successfully verified by the Seller.

3. The Customer is informed of the delivery cost of the Products during the order placement process. The Customer covers the cost of delivering the Product to the provided mailing address.

4. At the time of shipping the order, the Customer will receive an email confirmation of the shipment along with the order.

5. The delivery time is dependent on Product availability and production time. Information about the expected waiting time for shipment is provided in the informational section next to the selected Product. In exceptional situations, especially when there may be a delay in Product delivery, the order's processing time is additionally confirmed by the Store via email or by phone.

6. Products are delivered to the Customer's designated address by a courier company. The expected delivery time for domestic orders is 2-3 working days from the day following the shipment. For international shipments, the delivery time depends on the carrier. The delivery time provided by the external company may be extended for reasons beyond the Seller's control. The Seller is not liable for any delays in the order delivery time resulting from reasons beyond their control, e.g., storage of the package in customs (for international shipments).

7. When receiving a package delivered by a courier, the Customer should carefully check the completeness of the package's content, the condition of the outer packaging, and the condition of the ordered Product. If any damage to the package is observed, the Customer should draw up a damage protocol with the courier in two identical copies signed by the Customer and the courier.

 

§7 SALES, PRICES, PAYMENTS

1. The price of each Product displayed on the Store's website is binding on both parties from the moment of placing the order and receiving the order confirmation for processing from the Seller, regardless of any subsequent changes on the Store.

2. Product prices in the Store are gross prices. Payments are made in euros (EUR).

3. The payment method for Products is chosen by the Customer during the order placement process. The Store offers several payment methods:

 

• • Electronic payment via the PayU.com payment system (bank transfer),

  • Electronic payment via the PayPal payment system (including credit/debit card payment),

  • Electronic payment via the Braintree payment system,

  • Electronic payment via the Klarna payment system,

  • Manual payment in EUR currency - Account Number: PL78109016070000000150219031, SWIFT/BIC - WBKPPLPP.

1. Order fulfillment begins upon receipt of payment by the Seller for the Product and ends upon the Customer's receipt of the Product. The risk associated with the Product (including loss or damage) passes to the Customer upon delivery.

2. The Store reserves the right to change prices of the Products, introduce new Products for sale, carry out and cancel promotional campaigns on the Store's pages, or make changes to them in accordance with the norms of the Civil Code and other applicable laws. These changes will not violate the rights of individuals who entered into sales agreements for Products offered in the Store before the aforementioned changes were made.

 

§8 RIGHT TO WITHDRAW FROM THE AGREEMENT AND WARRANTY FOR DEFECTS

RIGHT TO WITHDRAW FROM THE AGREEMENT UNDER THE LAW

1. The Customer has the right to withdraw from the Agreement within 14 (fourteen) calendar days (counting from the day following the delivery of the order), subject to para. 2 below, without giving any reason, subject to paras. 3-5 below.

2. The right of withdrawal from the Agreement does not apply to Contracts whose subject is a Product manufactured according to the Customer's specifications or serving to satisfy their individual needs. Returns are not possible if the Product is returned in an opened or damaged package or if it shows signs of use.

3. The return of Products can be made by courier or Polish Post parcel, at the Customer's expense, to the address: BAVVIC ul. Żurawia 2; 64-200 Chorzemin (correspondence address only). The Customer is obliged to return the Product to the Seller in its original packaging, unused, and clean, free of odors.

4. The Seller refunds the equivalent of the Product's price to the Customer. The cost of delivering the parcel to the Customer and returning the Product to the Seller is non-refundable.

5. The Seller does not cover the cost of returning the Product via cash-on-delivery shipment sent by the Customer. When choosing cash-on-delivery shipment as the method of returning the Product, the Seller has the right to charge the Customer all costs incurred in this regard. These costs will be deducted from the Product price to be refunded by the Seller to the Customer.

6. The Customer withdraws from the Agreement by submitting a written statement of withdrawal to the Seller. The statement can be prepared using the Return Form: Download the Return Form. The statement of withdrawal must be signed by hand. The statement should be accompanied by a purchase confirmation.

7. The Customer sends the withdrawal statement in paper form to the address BAVVIC, ul. Żurawia 2, 64-200 Chorzemin, attaching the document and purchase confirmation to the shipment containing the Product.

8. To meet the 14-day deadline specified in para. 1 above, the statement must be sent before its expiration, along with the returned Product.

9. In the event of the Customer's withdrawal from the Agreement in the specified form and within the specified period, the Agreement is considered not concluded.

10. The Seller reimburses the Customer for the price of the Product within 14 days from the date of receipt of the Customer's statement of withdrawal from the agreement and the returned Product, using the same payment method used by the Customer (in the case of credit card payment, the refund will be made to the same card). The Seller may refrain from making the payment within the specified period until the returned Product is delivered to them.

11. Customers outside the European Union are required to complete a customs declaration and clearly indicate that the shipment concerns the return of goods. The customs clearance card and invoice should correspond to the value and currency and be included in the package marked as a return.

 

WARRANTY FOR DEFECTS

1. The Seller is obligated to deliver the Product to the Customer without any defects. The Seller is responsible for non-compliance of the Product with the Agreement (product defects) concerning the Customer as a consumer.

2. The Customer can make a complaint based on the warranty for defects (Article 556 and following of the Act of April 23, 1964, the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended)). By using the warranty for defects, the Buyer may, under the terms and within the periods specified in the Civil Code, demand:

• Replacement of the Product with a new one,

• Repair of the Product by the Seller,

• Reduction of the price of the Product, or

• Withdrawal from the contract if the defect of the Product is significant.

3. The choice of the demand belongs to the Customer; however, the Seller may propose another solution from those indicated within the limits set by the content of the law.

4. The Customer submits a complaint by submitting a written complaint form to the Seller (Download Complaint Form). The form must be signed manually.

5. The form in paper form, along with the order number or invoice, should be sent by the Customer to BAVVIC, ul. Żurawia 2, 64-200 Chorzemin, including documents in the shipment containing the advertised Product.

6. The Seller may refuse to exchange the Product or repair it if it is impossible to implement for the Seller or would require excessive costs. In such a case, the Customer may change the claim. Communication is conducted electronically.

7. When requesting a price reduction of the Product, the Customer provides the amount by which the price should be reduced. If the price reduction request submitted by the Customer is the first request made as part of the complaint procedure for a given Product, the Seller may propose to the Customer replacement or repair.

8. The Customer may demand withdrawal from the contract only if the defect of the Product is significant.

9. The wood used for BAVVIC blocks is a natural material. Each wooden element is unique and one of a kind, which is why the appearance of the Product in real life may slightly differ from that presented on the store's website. Wooden elements may contain naturally occurring knots, grain, and darker coloring on their surface.

10. Wood is sensitive to use and the action of external factors. It is recommended to protect the Product from moisture and exposure to sunlight. Over time, scratches, abrasions, cracks, and so-called "wood splinters" may appear on it. These are normal and unavoidable processes resulting from use. Therefore, it is even more important to exercise caution when using the Product. A wooden element that becomes damaged or broken, and on which sharp splinters appear, should be removed from use. To prevent the blocks from breaking, do not throw, step on, or forcefully insert or remove them from other wooden or silicone elements. Wood is a natural material, so avoid applying excessive pressure to prevent the block from breaking.

11. The silicone used for the toy elements is a material that meets the applicable safety standards and does not contain any phthalates listed as harmful to health. It is safe for children. However, to ensure maximum safety, never leave a child unattended. Exercise caution when using the toys. Silicone elements that become damaged should be removed from use.

12. The Product contains small parts and is intended for children over 3 years old due to the risk of choking.

13. Mechanical damage to the Product is not subject to Complaints.

14. The Customer will receive information about the handling of the complaint within 14 days from the date of receipt of the advertised Product by the Seller. In the case of a positive handling of a complaint submitted by courier, the Seller will send a full-value Product to the Customer (repaired or new) promptly, within 30 business days from the date of handling, and if this is not possible (e.g., out of stock), the Seller will refund the equivalent of the price of the Product paid by the Customer and the cost of shipping up to the amount of the cheapest shipping fee offered by the Seller.

15. In the case of non-acceptance of a complaint, the Product will be returned or sent to the Customer along with an opinion on the unfoundedness of the complaint.

16. The Seller is liable under warranty if they were informed about the defect of the product before two years from the date of purchase of the Product.

 

DAMAGE TO THE PRODUCT DURING TRANSPORT

1. In case the Customer discovers damage to the Product during transport, the Customer is obligated to draw up a damage protocol in the presence of the courier.

2. Complaints arising from damage to the Product during transport will be considered based on the damage protocol drawn up by the Customer and the courier.

 

ADDITIONAL PROVISIONS

1. The Seller has the right to refuse to accept the Product in the cases of returning a damaged Product, returning it after the permissible period, or delivering an incomplete Product.

2. The Seller does not accept Products returned by:

• Letter,

• Registered letter,

• Cash-on-delivery shipment.

3. Only packages from Polish Post or courier shipments sent to the correct correspondence address are accepted.

4. Matters not regulated in this §7 shall be governed by the provisions of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827 as amended).

 

§9 FINAL PROVISIONS

1. Returns and complaints of Products should be made by courier or Polish Post to the address: BAVVIC, ul. Żurawia 2, 64-200 Chorzemin (correspondence address).

2. Email correspondence should be directed to: info@bavvic.com.

3. In matters not regulated by this Regulations, the relevant provisions of Polish law shall apply, including the Civil Code of April 23, 1964, the Act of May 30, 2014, on consumer rights, and the Act of February 16, 2007, on competition and consumer protection.

4. In the event that any provision of the Regulations is found to be invalid, the remaining provisions shall remain in force.

5. The Customer and the Seller will resolve any disputes through discussions with the aim of settling the dispute through mutual agreement. In the event that an amicable resolution is not possible, the court competent to settle disputes between the Customer and the Seller shall be the common court.

6. The Seller reserves the right to make changes to the content of the Regulations at any time. The changes to the Regulations shall come into effect upon their publication on the Store's website. The changes to the Regulations shall not apply to orders accepted and executed by the Seller. The provisions of the Regulations in force at the time of placing the order shall apply to accepted orders. The changes to the Regulations shall not affect the rights acquired by the Customers