Terms & Conditions

Terms & Conditions of the online store bto.pl effective as of 22.02.2024.

1. DEFINITIONS

The terms used in the Terms & Conditions shall mean:

1 BTO, Seller - BTO SP. Z O.O. with its registered office in Łódź, 25 Fabryczna Street, 90-341 Łódź, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court for Łódź-Centre, XX Economic Department of the National Court Register, under KRS:0000215719, share capital: PLN 52,500.00 fully paid up, NIP: 7261016110, REGON: 471060840;, BDO: 000003043
Customer - a User who, by means of a proper Registration in the bto.pl Store, has concluded an Agreement with BTO, as a result of which an Account assigned to him/her has been created.
Consumer - a natural person concluding a contract with the Seller through the Store.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal entity, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
Entrepreneur on the rights of the consumer - an entrepreneur making purchases in the Store related to his business, but not of a professional nature for the entrepreneur.
Account - an IT record of the part of the service within which the User may use selected functionalities indicated in the Terms & Conditions (including, among others, maintaining the Customer's session after logging into the Account, storing and making available to the Customer via the Account the history of Orders). The Account collects personal data and information about the Customer's activities within the bto.pl Shop. The Account is maintained free of charge by BTO. Access to the Account allows identification in the bto.pl Store. The Customer is responsible for ensuring that all information entered when creating an Account is correct, complete and up-to-date.
Product - a movable item or items that are the subject of a Sales Agreement.
Registration - a one-time action, consisting of creating an Account, performed independently by the User or on the User's order, using the tools made available in the bto.pl Store or by contacting the hotline.
Store bto.pl - BTO's online transactional service, available under the domain www.bto.pl, through which Products for sale are presented and which allows placing an Order.
Seller - BTO - the Company BTO SP. Z O.O.
Contract - a contract for the provision of free services by electronic means - voluntarily concluded by the Customer with BTO upon confirmation of Registration. With regard to services provided electronically, these Terms & Conditions are the terms and conditions referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means (i.e. Journal of Laws 2019, item 123, 730 as amended).
Contract of Sale - a contract of sale within the meaning of the Civil Code (Consolidated Text of the Journal of Laws 2019, item 1145, as amended), concluded with the use of means of distance communication and concerning the sale by BTO to the Customer of Products against payment of the price plus shipping costs, if any.
User - a natural person, including a Consumer, who has legal capacity and/or is at least 13 years of age, whereby if the person is under 18 years of age, the consent of his/her statutory representative or legal guardian is required, and to present such consent at any request of the Seller, or a legal person or an organizational unit which is not a legal person, to which special regulations grant legal capacity, which uses or intends to use the bto.pl Shop.
Order - Customer's declaration of intent, aiming directly at concluding a Distance Selling Agreement through the bto.pl Shop and/or via hotline, specifying the type and/or number of Product and other content provided by law.
Newsletter - electronic messages containing information about blog products, services, Seller's products, recommended links, promotions and other information that the Seller deems valuable to the User.
User Content - data and information produced and published by the User within the Store.
Illegal Content - according to the DSA, means information that, in itself or by reference to an action, including the sale of products or the provision of services, does not comply with the law of the Union or with the law of any Member State that is in compliance with the law of the Union, regardless of the specific subject matter or nature of that law.
Digital Services Act (or DSA) - Regulation (EU) 2022/2065 of the European Parliament and of the Council on the Digital Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27.10.2022, pp. 1-102).

2. GENERAL PROVISIONS, POINT OF CONTACT

1 These Terms & Conditions regulate the rights and obligations related to the use of the bto.pl website available under the domain www.bto.pl by the Users, as well as the rules applicable to the purchase of Products in the bto.pl Shop through the website.
The bto.pl Store operates at www.bto.pl and is run by BTO SP. Z O.O. with its registered office in Łódź, ul. Fabryczna 25, 90-341 Łódź, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court for Łódź-Śródmieście, XX Economic Department of the National Court Register, under KRS:0000215719, share capital: PLN 52,500.00 fully paid up, NIP: 7261016110, REGON: 471060840; BDO: 000003043.
The bto.pl Shop can be contacted by Users at the following e-mail address: sklep@bto.pl and telephone number: +48 42 672 42 02. The fee for a phone call at the indicated number is equal to the fee for a regular phone call according to the tariff package of a given service provider.
The Seller also operates a Newsletter. Regulations related to it are described in the Newsletter Terms & Conditions available here.
The Seller has designated the email address sklep@bto.pl as the contact point. Through it, the authorities of EU member states, the Commission and the Digital Services Council may also contact the Seller. Communication is carried out in the Polish language.

3. RULES OF USE OF THE STORE BTO.PL

Necessary, minimum technical conditions, the fulfilment of which is indispensable for cooperation with the ICT system used by the bto.pl Shop, including the conclusion of the Agreement or the Sales Contract, include:
1. computer, laptop or other multimedia device with access to the Internet;
2. access to e-mail;
3. Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher.
In order to make a Registration or conclude a Sales Agreement, the Customer must have a valid/active e-mail address, as well as in certain cases a keyboard or other pointing device that allows the correct completion of electronic forms.
The User has the ability to place Orders and conclude a Sales Agreement after registering and creating an Account, which collects the data provided by the User and information regarding his/her activities in the bto.pl Store. The provision of services within the Account is free of charge and unlimited in time. The Customer has the right to terminate the Agreement concluded with BTO regarding the Account at any time by sending a termination statement to the email address: sklep@bto.pl. The above does not apply if BTO is in the process of processing an Order placed by the Customer. In such a case, the effect of termination of the agreement will occur when the Order in question is fulfilled.
Browsing the assortment of the Store bto.pl does not require Registration. Placing Orders by the Customer for Products in the assortment of the Store bto.pl is possible without creating an Account.
By checking the box "I have read and accept the Terms & Conditions" during the process of placing an Order or Registration, the Customer confirms that he/she has read, understands and accepts the Terms & Conditions and agrees to all of its conditions and undertakes to abide by them.
The personal data provided by the User in the Registration process, possibly subsequently changed by the User in the course of using the bto.pl Store, must be true, lawful, in particular may not violate the rights of third parties. The User/Customer is not entitled to place in the bto.pl Store personal data of third parties and images of third parties without the legally required permission or consent of that person.
BTO may, for valid reasons, change the rules of use of the bto.pl Store by the designated Customer, in particular, make restrictions on the permitted method of delivery, choice of payment method, as well as the placement of Orders. Important reasons are, in particular:
1. a reasonable suspicion that the Customer intentionally acts to the detriment of BTO in such a way that he/she places an Order(s) with the cash on delivery option and then fails to collect this Order(s),
2. a reasonable suspicion arises that the Customer intentionally acts to the detriment of BTO in such a way that he/she uses the services offered by BTO in a manner contrary to these Terms & Conditions,
3. reasonable doubts arise as to the correctness and truthfulness of the data provided by the Customer and, despite contact by phone or email, these doubts are not removed.
4. The User/Customer may file a complaint regarding the functioning of the bto.pl Store (including the functioning of the Account) within 30 days counting from the day on which defects or interruptions in the functioning of the bto.pl Store occurred. Complaints can be made in electronic form by sending an e-mail to: sklep@bto.pl, by phone at +48 42 672 42 02 or in writing to the address of the store indicated in pt. 1.1. Terms & Conditions. In the complaint it is recommended that you provide your: name, mailing address, type and date of the reasons for the complaint. BTO shall respond to the complaint immediately, no later than within 14 days from the date of its submission.

4. PRODUCT PRICES AND AVAILABLE PAYMENT METHODS

Prices of the Products presented in the bto.pl Shop are expressed in Polish zloty and are gross prices, i.e. they include value added tax (VAT). Prices of Products do not include delivery costs or costs of optional paid services.
Delivery costs and costs of optional payable services are each time indicated in the bto.pl Store during the placement of the Order, including immediately before and at the time of approval and placement of the Order, and are included in the total value of the Order.
The total value of the Order includes the price of the Product, delivery costs and costs of optional paid services (if selected).
A VAT invoice is issued for each Product sold by BTO. The VAT invoice is delivered electronically to the e-mail address provided by the Customer.
Acceptance of the Terms & Conditions constitutes at the same time an agreement to send (make available) invoices in electronic form, within the meaning of the provisions of the Value Added Tax Act of March 11, 2004, on the terms described in the Terms & Conditions. The Customer's indication of data for issuing a VAT invoice in the form of a VAT ID number and a sole proprietorship company is understood as an expression of intent to conclude the Sales Agreement as an entrepreneur.
BTO reserves the right to change the price of Products included in the offer of the bto.pl Shop. This does not apply to Orders already placed.
The Customer purchasing the Products offered by the bto.pl Shop has the following methods of payment for the Product:
1. by cash upon receipt of the Product at the retail outlets indicated in the "Contact Us" tab,
2. by credit card or payment card upon receipt of the Product at the retail outlets indicated in the "Contact Us" tab,
3. by cash upon receipt of the Product from the courier/delivery agent (cash on delivery option),
4. by credit card, payment card or electronic transfer through the Paynow Settlement Center, przelewy24.pl or PayPal service (in a secure ssl connection), (The entities providing online payment services are mElements S.A, PayPro SA and PayPal (Europe) S.à r.l. et Cie, S.C.A.)
5. by transfer to the bank account of the Store bto.pl stated for every currency individual on payment methods page.

5. PROCEDURE FOR CONCLUDING A SALES CONTRACT

The information on the website of the Store bto.pl constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964 of the Civil Code (consolidated text Journal of Laws 2019, item 1145 as amended). By placing an Order using the mechanisms available in the bto.pl Shop, the Customer makes an offer to purchase a specific Product on the conditions specified in the Product description.
After placing an Order, the Customer receives from the Store bto.pl a generated e-mail confirming the registration of the Order in the system. This e-mail is not tantamount to a statement of acceptance of the offer and conclusion of the Sales Agreement.
The Sales Agreement is concluded after the Seller confirms the availability of the Product and acceptance of the Customer's offer, which will be confirmed by a separate e-mail sent to the Customer after the order is completed. Confirmation, access, consolidation, securing of the content of the concluded Sales Agreement takes place by sending the Customer the aforementioned e-mail with confirmation of acceptance of the Order for execution.
The place of performance related to the purchase of Products in the bto.pl Store is the delivery address indicated by the Customer.
After selecting a particular Product, the Customer should use the "Add to cart" button to proceed to placing the Order.
The Customer may also select the "Continue shopping" option.
After selecting the "Go to Cart" button, the Customer selects the delivery option and payment options.
At this stage, the Customer has the option to add a discount code in the "I have a discount code" section.
Then, after clicking "I place an order", the Customer has the option to register a Customer Account or make a purchase without registration by selecting the "Continue as a guest" button.
The Customer then fills out the Order Form, in which he/she indicates: name, address, phone number, email address, country, optional company name.
The Customer can also add additional comments to the Order in the "Additional Information to Order" section.
The Customer can also select the checkbox "I want to receive a VAT invoice" to make purchases for a company.
At this stage, the Customer has the option to register a Customer Account by selecting the checkbox "I am setting up an account in the store".
After providing the relevant data, the Customer selects the "Confirm" button.
Next, before finalizing the Order, the Customer is required to accept the Terms & Conditions and Privacy Policy. This checkbox is marked as mandatory.
At this stage, the Customer may also subscribe to the BTO Newsletter by selecting a dedicated checkbox for this purpose.
In order to finalize the Order and thus pay for it, the Customer clicks on the "Order and pay" button.
After paying for the Order, the Customer receives a confirmation e-mail, which also constitutes confirmation of the conclusion of the Agreement between the Customer and the Seller.

6. ORDER PROCESSING, TIME, METHOD AND COST OF DELIVERY

The Products are shipped to addresses in the territory of the Republic of Poland as well as in the European Union.
The costs of transportation and delivery of the Products are charged to the Customer, unless the Sales Agreement or Terms & Conditions provide otherwise. Information about the amount of costs and selectable methods of delivery are given in the manner specified in Clause 4.1. of the Terms & Conditions and in the shopping cart containing the selected Products.
BTO will make every effort to make the order processing time convenient for the Customer. The Order lead time depends on the availability of the Product and delivery times. For detailed information on the lead time of the Order, please refer to the "Delivery time and cost" tab.
The delivery time of the Products is no more than 40 days from the date of conclusion of the Sales Agreement. The time of receipt is each time the Order is completed plus the time of delivery.
The delivery time of the Services is no more than 100 days from the date of conclusion of the Sales Agreement. The time of receipt of shipment is each time the time of completion of the Order plus the time of delivery.
BTO shall not be liable for non-delivery of Products or delay in delivery of Products caused by Customer's erroneous or inaccurate delivery address or e-mail address. BTO reserves the right to cancel the Sales Agreement in the case referred to in the preceding sentence. In addition, BTO may claim compensation in the amount of the incurred delivery costs caused by the Customer's erroneous or inaccurate provision of the delivery address.

7. WITHDRAWAL FROM THE CONTRACT OF SALE

Within 30 days of receipt of the ordered Product, the Consumer has the right to return it without giving reasons, subject to the exceptions described below.
The rules of withdrawal from the Sales Agreement, including the model form on withdrawal, which the Consumer may use, as well as the cases in which the right to withdraw from the agreement is not granted, are specified in the instruction, attached as Appendix No. 1 to the Terms & Conditions.
The deadline for withdrawal from the Sales Agreement expires after 30 days from the day on which the Consumer came into possession of the ordered Product or on which a third party other than the carrier and indicated by the Consumer came into possession of the ordered Product.
In order to comply with the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer to send information to the Seller regarding the exercise of the right of withdrawal from the Sales Agreement before the expiration of the deadline for withdrawal.
In order to exercise the right of withdrawal from the Sales Agreement, the Consumer must inform the Seller of his/her decision to withdraw by an unequivocal statement (for example, a letter sent by mail to the mailing address specified in sec. 1.1. of these Terms & Conditions or by e-mail to sklep@bto.pl). The statement can be made by the Consumer on the statutory form, the model of which is attached to these Terms & Conditions. But this is not a necessary requirement.
The Seller kindly asks the Consumer, if it does not constitute an inconvenience for him, to attach to the statement of withdrawal or to the returned goods a copy of the receipt or VAT invoice, as this may contribute to speeding up the return procedure, if such a document was provided in traditional (paper) form.
The right to withdraw from a contract concluded through the bto.pl Shop does not apply to the Consumer in relation to contracts:
1. for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted it,
2. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract,
3. in which the subject of performance is a non-refabricated Product, manufactured to the Consumer's specifications or serving to meet his individualized needs,
4. in which the subject of the performance is a Product subject to rapid deterioration or having a short shelf life;
5. in which the subject of performance is a Product delivered in sealed packaging, which cannot be returned after opening the packaging for health protection or hygienic reasons, if the packaging has been opened after delivery,
6. in which the subject of performance are Products, which after delivery, due to their nature, are inseparably combined with other Products,
7. in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
8. in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides in addition other services than those which the Consumer requested to perform, or provides Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is granted to the Consumer with respect to additional services or Products,
9. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
10. for the supply of newspapers, periodicals or magazines, except for a subscription contract,
11. concluded through a public auction,
12. for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service,
13. for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun the provision with the express and prior consent of the Consumer, who was informed before the beginning of the provision that after the performance by the Seller will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the Consumer with the confirmation,
14. for the provision of services for which the Consumer is obliged to pay the price, where the Consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Consumer.
The Consumer in connection with withdrawal from the contract is obliged to return the Products to the Seller in an unaltered state, unless the change was necessary within the limits of ordinary use.
Return of the Products should take place immediately, but no later than within 14 (fourteen) days of informing the Seller about the withdrawal of the Consumer from the Sales Agreement.
The Consumer shall bear the direct costs of returning the Products (e.g. packaging, protection, shipping costs).
In the case of withdrawal from the Sales Agreement, the Seller shall return to the Consumer all payments received, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Shop bto.pl for the Product), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right to withdraw from this Sales Agreement. The Seller may withhold the return of the payment until the Product is received or until the Seller is provided with proof of its return, whichever event occurs first.
In the event that the return of payment cannot be made using the same method of payment used by the Consumer, due to the fact that the Seller no longer supports the specified method of payment, the Seller shall make the return using a method of payment that will correspond as closely as possible to the characteristics of the method of payment previously used by the Consumer In any case, the Consumer shall not pay any fees in connection with this return.
The provisions of the above: 7.1-7.12 also apply to the Entrepreneur on the rights of the Consumer.

8. COMPLAINT PROCEDURES

The provisions of these: 8.1.-8.18 apply to a Customer who is a Consumer and an Entrepreneur on the rights of a Consumer.
The Seller is obliged to deliver the Product free of defects.
The Seller is responsible to the Customer for defects and for the conformity of the Product with the contract.
The Product is in accordance with the contract if, in particular, its conformity with the contract remains:
1. description, type, quantity, quality, completeness and functionality,
2. suitability for the specific purpose for which it is needed by the Consumer, which the Consumer notified the Seller at the latest at the time of the conclusion of the contract and which the Seller accepted.
In addition, the Product, in order to be considered compatible with the contract, must:
1. be suitable for the purposes for which Products of this kind are usually used, taking into account applicable laws, technical standards or good practices,
2. appear in such quantity and have such characteristics, including durability and safety, as are typical for a Product of this type and which the Consumer may reasonably expect, taking into account the nature of the Product and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that it did not know about the public assurance in question and, judging reasonably, could not have known about it before the conclusion of the contract the public assurance was rectified in compliance with the terms and form in which the public assurance was made, or in a comparable manner, the public assurance did not affect the consumer's decision to conclude the contract,
3. be delivered with packaging, accessories and instructions that the consumer can reasonably expect to receive,
4. be of the same quality as the sample or design that the Seller made available to the Consumer before concluding the contract, and correspond to the description of such sample or such design.
The Seller shall not be liable for the lack of conformity of the Product with the contract to the extent referred to in sec. 8.5. if the Consumer, at the latest at the time of conclusion of the contract, was expressly informed that a specific feature of the Product deviates from the requirements of conformity with the contract and expressly and separately accepted the lack of a specific feature of the Product.
The complaint should be sent to the e-mail address of the Seller specified in these Terms & Conditions or in writing.
The Seller provides technical support at telephone number +48 42 672 42 02 and via e-mail (e-mail address: sklep@bto.pl).
The Seller also provides a complaint support panel at: https://bto.pl/en/complaint
The Seller shall bear the cost of shipping the defective Product.
To exercise warranty rights, the Customer should deliver to the Seller:
1. the defective Product together with the components of the set and the warranty card, if any were issued; if possible, in the original packaging or in a substitute package ensuring safe transportation of the item,
2. if possible, a completed claim statement allowing identification of the Product's sender. The Seller encourages you to use the form, but it is not mandatory,
3. if possible, a copy of the proof of purchase (e.g. receipt or invoice), if provided in paper form.
The Seller shall respond to a complete complaint within 14 days of receipt of the complaint and inform the Customer of further proceedings.
If the Product is inconsistent with the contract, the Consumer may request its repair or replacement.
The Seller may make an exchange when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the Product into conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Product into conformity with the contract.
When assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Product with the contract, the value of the Product in conformity with the contract and the excessive inconvenience for the Consumer resulting from the change in the manner of bringing the Product into conformity with the contract.
The Seller shall repair or replace the Product within a reasonable time from the moment the Seller is informed by the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account the specifics of the Product and the purpose for which the Consumer purchased it. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller.
The Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at his expense.
If the Product is inconsistent with the contract, the Consumer may make a statement of price reduction or withdrawal from the contract when:
1. The Seller has refused to bring the Product into conformity with the contract in accordance with sec. 8.14
2. The Seller has failed to bring the Product into conformity with the contract in accordance with sec. 8.16-8.17
3. the Product's lack of conformity with the contract continues even though the Seller has tried to bring the Product into conformity with the contract,
4. the lack of conformity of the Product with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract
5. it is clear from the Seller's statement or circumstances that he will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
The Consumer may not withdraw from the contract if the lack of conformity of the Product with the contract is insignificant.

9. USER CONTENT, NOTIFICATION PROCEDURE

The User, by accepting the Terms & Conditions, agrees to act in accordance with the provisions of applicable law and the provisions of the Terms & Conditions, including not abusing the rights granted to the User by the BTO or by law. In particular, it is prohibited to provide User Content:
1. of an unlawful nature,
2. unrelated to the subject matter of the Store,
3. containing links,
4. promoting competition,
5. insulting regarding race, political views, religion, culture, sexual orientation, gender or identity,
6. containing vulgarisms,
7. promoting hatred,
8. violating good morals,
9. inciting to violence,
10. violating the copyrights of third parties,
11. unnecessary advertising content, concerning collections, promotion of products(spam).
BTO informs that it reserves the right to control and moderate User Content posted on the Store.
In a situation where User Content violates the standards indicated in the Terms & Conditions, BTO has the right to block or permanently remove it.
In case of removal or blocking of User Content, the User shall be notified by BTO. The decision in this case shall contain a justification.
A User whose Content has been blocked or removed has the right to appeal the BTO's decision under the terms of Section 10 of the Terms & Conditions.
If another person believes that the User's published Content, violates the standards of the Terms & Conditions, he/she may report such Content at: sklep@bto.pl or by using the form found in the Contact tab.
A report under the DSA Digital Services Act should include:
1. a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the relevant User Content constitutes Illegal Content;
2. a clear indication of the exact electronic location of the User Content, such as the exact URL or URLs, and, if applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of hosting service;
3. the name and email address of the person or entity making the report, except for a report on information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU;
4. a statement confirming the bona fide belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
If the notification contains electronic contact information of the notifying person, the BTO shall send an acknowledgment of receipt of the notification.
In the case of an incomplete or erroneous notification, the BTO calls on the notifying person to complete or correct the notification within 14 days from the date of the call. If the correct application is not submitted within the prescribed period, the BTO shall leave the application unconsidered.
The BTO shall notify the applicant without undue delay of its decision with respect to the User Content to which the application relates, providing information on how to appeal the decision.
The BTO shall consider all submissions it receives under the mechanisms referred to above and make decisions with respect to the User Content to which the submissions relate in a timely, non-arbitrary and objective manner and with due diligence.
The BTO shall consider applications within 14 days of receiving a complete application.
BTO informs that it does not use automated means in processing applications and making decisions. Decisions are not made by automated means.
BTO, after reviewing the application, makes a decision, which may consist of blocking or deleting the User Content thereby recognizing that it violates the standards of the Terms & Conditions.
The BTO may also make a decision recognizing that the User Content indicated in the application complies with the Terms & Conditions.
The BTO shall notify both the submitter and the User posting the Content of its decision. The BTO's decision shall include a statement of reasons.
The BTO further advises that in the event that it becomes aware of any information giving rise to a suspicion that a crime threatening the life or safety of a person or persons has been, is being or may be committed, it shall immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all available information on the subject.

10. ILLEGAL USER CONTENT AND REVOCATION PROCEDURE

BTO may apply the following sanctions against a User who has committed violations of the Terms & Conditions:
1. temporary restrictions on the use of the Store,
2. temporary deactivation of the Customer Account,
3. temporary blocking of the Customer Account,
4. permanent deletion of the Customer Account.
The User or the notifier has the right to appeal the BTO's decision, as provided in Chapter 9 and 10 of the Terms & Conditions.
Justification of the BTO's decision must include at least the following information:
1. an indication of whether the decision includes deleting User Content, preventing access to User Content, depositing or limiting the visibility of User Content, or suspending or terminating monetary payments relating to such User Content, or imposes other measures of which, with respect to User Content, and, if applicable, the territorial scope of the decision and its duration;
2. the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of a notification made by the reporting person or on the basis of voluntary self-initiated checks, and, when absolutely necessary, the identity of the reporting person;
3. where applicable, information on the use of automated means in making the decision, including information on whether the decision was made with respect to User Content detected or identified using automated means;
4. if the decision relates to potentially Illegal Content, an indication of the legal basis on which the decision is based, and an explanation of why the User Content in question is considered Illegal Content on that basis;
5. if the decision is based on alleged non-compliance of the User Content with the Terms & Conditions, an indication of the contractual basis on which the decision is based, and an explanation of the reasons why the User Content in question is considered non-compliant with that basis;
6. clear and user-friendly information about the service recipient's options for appealing the decision, in particular, where appropriate, through internal complaint handling mechanisms, out-of-court dispute resolution and judicial remedies.
To appeal the BTO's decision, the User or notifier may file an appeal at: sklep@bto.pl or using the form found in the Contact Us tab.
The appeal should include:
1. name and contact information of the appellant,
2. a description of the appeal along with the reasons for the appeal, in particular indicating why the BTO's decision is wrong.
The BTO shall consider appeals within 14 days of receipt. The response regarding the appeal is sent to the email address indicated by the appellant.

11. PROVISIONS CONCERNING ENTREPRENEURS

This section of the Terms & Conditions and the provisions contained herein apply only to Entrepreneurs.
BTO retains the right to withdraw from a Sales Agreement concluded with an Entrepreneur within 14 days from the date of its conclusion.
In case of Entrepreneurs, BTO may impose restrictions on available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding the Sales Agreement.
Upon BTO's release of the Product to the carrier, the benefits and burdens of the Product and the danger of accidental loss of or damage to the Product are transferred to the Entrepreneur. BTO in such case shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, and for any delay in transportation of the shipment.
BTO's warranty liability for the Product to the Entrepreneur is excluded.
In the case of an Entrepreneur, BTO may terminate the Contract with immediate effect and without assigning any reasons by sending a statement to the Customer in any form.
Neither BTO nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
Whenever the liability of BTO, its employees, authorized representatives and/or attorneys is established, such liability to the Entrepreneur, regardless of its legal basis, shall be limited - both as a single claim and for all claims in the aggregate - to the amount of the price paid and delivery costs under the last Sales Contract, but no more than one thousand zlotys.
Any disputes arising between BTO and the Entrepreneur shall be submitted to the court having jurisdiction over the seat of BTO.
With respect to the Entrepreneur, BTO may amend the Terms & Conditions at any time pursuant to generally applicable laws.

12. WARRANTY

All Products available in the BTO online store are covered by the manufacturer's warranty. Cells, battery packs and rechargeable batteries are guaranteed for 6 months, unless otherwise stated in the Product description. If the original manufacturer's warranty card is provided with the Product, warranty repairs are carried out by authorized service centers. In other cases, any defects should be reported to our company, as the seller of the Product.
The warranty does not apply to packs and cells, purchased or remanufactured in the BTO store, which do not have the original warranty seal. The original seal is considered to be the marked sticker that is placed on the pack or cell, and breaking it will void the warranty.
The warranty does not apply to lithium-ion (Li-ion) and lithium-iron-phosphate (LiFePO4) cells in which there is a trace of interference with the cell, e.g. cells have been independently welded/soldered, combined into packs, and in which cells have been connected without a protective circuit.
The warranty does not apply to cells discharged below the threshold for Li-ion 2.4V for LiFePO4 2V and overcharged above the threshold for Li-ion 4.2V and LiFePO4 3.65V.
Packages and Li-ion (lithium-ion)/LifePO4 (lithium-iron-phosphate) cells purchased from our store without PCM/PCB/BMS cell protection circuit are not covered by the warranty. In this case, the customer waives all warranty rights from the purchase of Li-ion (lithium-ion)/LifePO4 (lithium-iron-phosphate) cells without the PCM/PCB/BMS cell protection circuit and is aware of all dangers arising from their improper use and at the same time assumes responsibility for their use.
Balancer PCB protection circuits that are not assembled under ESD conditions are not subject to warranty.
An additional statement for customers buying outside the store system is available here: Statement.pdf.
A statement waiving all claims against BTO Ltd. in the remanufacturing of lithium-ion (Li-ion) batteries is available here: Oswiadczenie.pdf

13. PROCESSING OF PERSONAL DATA

Personal data provided by the User/Customer in the bto.pl Store (including in the process of Registration, use of the bto.pl Store, making purchases), are processed by BTO SP. Z O.O. with its registered office in Łódź, 25 Fabryczna Street, 90-341 Łódź, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court for Łódź-Centre, XX Economic Department of the National Court Register, under KRS:0000215719, share capital: PLN 54,500.00 fully paid up, NIP: 7261016110, REGON: 471060840;, BDO: 000003043, mailing address: BTO Sp. z o.o., Fabryczna 25, 90-341 Łódź - Data Administrator.
Read the Privacy Policy regarding the processing of personal data, which is part of these Terms & Conditions: Privacy Policy
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place where the alleged violation was committed, if you believe that the processing of personal data concerning you violates the provisions of the RODO. In Poland, the supervisory authority is the President of the Office for Personal Data Protection - you can file a complaint, among others, by regular mail to: 2 Stawki St., 00-193 Warsaw, or electronically via the ePuap portal, you can also obtain more detailed information (including current phone numbers) at: https://uodo.gov.pl/.

14. OPINIONS

Within the Store are presented opinions of Customers about Products available in the Store.
The Seller uses external services that allow the Customer to give opinions, such as:
1. Ceneo.pl
2. Opineo.pl
3. Google Maps
Opinions are posted on Ceneo.pl and Opieno.pl services and marked as so-called trusted opinions or credible opinions and are added by Customers who have purchased a Product in the Store via Ceneo.pl. or Opieno.pl
Opinions are verified by Ceneo.pl and Opieno.pl and come from Customers who have made a purchase in the Store.
Opinions in Google Maps can be posted by any Customer.
Opinions on the Store's website are made available from the aforementioned services.
The Seller makes every effort to ensure that the opinions presented in the Store are reliable and come from people who are actual customers of the Store. To this end, it takes reasonable and proportionate steps contained in these Terms & Conditions to verify that these opinions come from Customers.
All opinions, including negative ones, are published.
The Seller does not use purchased, sponsored, or barter-obtained opinions. The seller also does not outsource the posting of false opinions.

15. OUT-OF-COURT MEANS OF REDRESS

Voluntary nature. The following regulations are for informational purposes and do not constitute an obligation on the part of BTO to use out-of-court means of dispute resolution.
The bto.pl store informs that the Consumer may choose to use the assistance of a municipal or district consumer ombudsman, provincial inspectorates of the Trade Inspection or one of the social organizations whose statutory tasks include consumer protection, e.g. the Consumer Federation. Further information on out-of-court means of resolving disputes, handling complaints and pursuing claims is available at the offices or websites of consumer ombudsmen, provincial inspectorates of the Trade Inspection, relevant social organizations and at addresses available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl/wazne_adresy.php.
The platform for online dispute resolution between Consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.

16. FINAL PROVISIONS

Descriptions of Products, photos, graphic materials, logos and other content contained in the bto.pl Store are the protected property of BTO. Their copying or use in any way, in particular making them available on other websites, requires written consent of BTO.
It is forbidden for the User/Customer to provide unlawful content.
In matters not covered by these Terms & Conditions, the Polish law is applicable.
BTO reserves the right to make changes to the Terms & Conditions for important reasons, e.g.: changes in the law - to the extent that these changes affect the implementation of the provisions of these Terms & Conditions.
In the event of changes to these Terms & Conditions, BTO will inform Users at www.bto.pl by making the new Terms & Conditions available and by informing registered Customers through a notification within their Account. The amended Terms & Conditions shall become effective as of the date indicated therein, no less than 7 days from the date of its announcement by the bto.pl Shop and notification within the Account (except for Chapter 11. of the Terms & Conditions, which applies to Entrepreneurs and may be amended at any time pursuant to generally applicable laws), with the proviso that changes of a technical and informational nature or such that do not aggravate the situation of Users/Customers may occur within a shorter period. The amendment of the Terms & Conditions does not affect the Sales Agreements concluded by the Customer and the Seller before the amendment of the Terms & Conditions. The amended Terms & Conditions are binding for the Customer who does not terminate the Agreement before the effective date of the amended Terms & Conditions.
The Terms & Conditions shall become effective on 22.02.2024 and shall apply to all Orders placed on and after that date.

Attachment No. 1

You have the right to withdraw from this Agreement within 30 days without giving any reason. The withdrawal period expires 30 days after the day on which you took possession of the ordered Product or on which a third party other than the carrier and indicated by you took possession of the ordered Product. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail or e-mail).

You may use the model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send information on the exercise of your CI right of withdrawal before the withdrawal period expires.

Effects of withdrawal

In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from the delivery method chosen by you other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will return the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return.

You can submit your statement of withdrawal on the statutory form, the model of which is attached as Appendix 2 to the Law on Consumer Rights and can be downloaded by clicking on the following link: LINK

In order to facilitate the withdrawal process, we encourage you to fill out the form correctly and send it to the following e-mail address: sklep@bto.pl

Send the parcel to the address:

BTO Sp. z o.o.

25 Fabryczna St.

90-341 Lodz

You will need Adobe Reader to view the PDF (Portable Document Format) files we send enclosed.

The latest, free version of Adobe Reader, can be downloaded from the website:

http://get.adobe.com/reader/otherversions/

Previous Terms & Conditions:

- Terms & Conditions 01 September 2015.

- Terms & Conditions 01 January 2021

- Terms & Conditions 04 April 2023