Outside Poland, BerryBoat sells exclusively to businesses. We do not fulfil consumer orders from abroad.

General Terms of Sale — Distribution

Sales outside the territory of the Republic of Poland are made exclusively to entrepreneurs. We do not fulfil consumer orders from abroad. The placing of an order with a delivery address outside Poland requires the submission of the declaration referred to in § 3(2).

§ 1. General provisions

1. These General Terms and Conditions of Sale (the „GTCS”) set out the terms and conditions governing the sale of goods bearing the BerryBoat brand by BerryBoat Albert Pietrasik, ul. Żarnowcowa 12, 91-479 Łódź, Poland, NIP (tax identification number) 7272637040, REGON (statistical number) 101004630, e-mail shop@berryboat.eu, phone +48 789 927 957 (the „Seller”) to entrepreneurs purchasing the goods for the purpose of their further resale (the „Buyer”).

2. The GTCS apply to sales within the territory of the Republic of Poland, to intra-Community supplies and to exports outside the customs territory of the European Union. Provisions applicable solely to cross-border sales are set out in § 7.

3. The GTCS form an integral part of every contract of sale and are made available to the Buyer prior to its conclusion: in the wholesale account at berryboat.eu, as a downloadable PDF file, and in the body of the message confirming acceptance of the order.

4. The GTCS do not apply to sales to consumers within the meaning of Article 22¹ of the Polish Civil Code (Kodeks cywilny), nor to natural persons conducting business activity for whom the purchase is not of a professional character within the meaning of Article 385⁵ of the Polish Civil Code (Kodeks cywilny). Such sales are governed by the terms and conditions of the BerryBoat retail shop.

5. Sales through the wholesale channel are conducted exclusively to entrepreneurs purchasing the goods for the purpose of further resale. The placing of an order requires the prior submission of the declaration referred to in § 3(2).

6. The sale of products without brand markings is governed by a separate document: the BerryBoat White Label GTCS. The two documents are not interchangeable.

7. Exclusion of the Buyer’s standard terms. An order is accepted solely on the basis of these GTCS. General conditions of purchase or any other standard contractual terms applied by the Buyer shall not apply, even where the Seller has not expressly objected to them, unless the Seller has accepted them in documentary form.

§ 2. Definitions

Term	Meaning
Goods	a knitwear product or accessory bearing the BerryBoat brand and included in the current wholesale offer
Wholesale Account	the Buyer’s account at berryboat.eu assigned to a customer group with wholesale price level
Price List	the current wholesale price list available upon logging in to the Wholesale Account
Order	the Buyer’s declaration of intent to conclude a contract of sale, submitted through the Wholesale Account or in documentary form
Confirmation	the Seller’s declaration accepting the Order for fulfilment
Intra-Community supply	the supply of Goods from the territory of Poland to the territory of another Member State of the European Union
Export	the dispatch of Goods from the territory of the European Union outside its customs territory, confirmed by the customs authority by means of the IE-599 message
Country of destination	the country into whose territory the Goods are delivered and placed on the market by the Buyer

§ 3. Wholesale Account and verification of the Buyer

1. A purchase is conditional upon the opening of a Wholesale Account and its activation by the Seller. Until activation, the Buyer has no access to the wholesale Price List.

2. In the course of registration the Buyer provides its business name, address, country and tax identification number, and submits the following declaration: „I declare that I purchase the goods in the course of my business activity, for the purpose of their further resale, and that the purchase is of a professional character for me.”

3. A Buyer established outside Poland shall additionally provide its EU VAT number and undertakes to maintain its validity throughout the entire period of cooperation. Holding a valid EU VAT number is a condition for purchasing at the 0% rate (§ 7(4)).

4. The Seller verifies the Buyer’s data in public registers — in Poland in CEIDG (the Central Register and Information on Economic Activity), the KRS (National Court Register) and the register of VAT taxable persons, and, in the case of foreign counterparties, in the VIES system — and may refuse to activate the Wholesale Account without stating reasons, in particular where the Buyer’s business profile does not meet the criteria set out in § 10(3).

5. The Buyer shall inform the Seller without delay of any change in its registration data, of the loss of its status as an active VAT taxable person, of the expiry of the validity of its EU VAT number, and of the filing of any petition for bankruptcy or for the opening of restructuring proceedings.

6. The Seller may suspend or close the Wholesale Account if the Buyer has ceased to meet the conditions set out in paragraphs 2 to 5 or has breached § 10 to § 12. The Seller shall notify any suspension in documentary form, together with a statement of reasons.

§ 4. Conclusion of the contract

1. The presentation of Goods in the Wholesale Account and in the Price List does not constitute an offer within the meaning of Article 66 of the Polish Civil Code (Kodeks cywilny), but an invitation to conclude a contract (Article 71 of the Civil Code).

2. An Order constitutes an offer to conclude a contract of sale. The contract is concluded upon delivery of the Confirmation to the Buyer.

3. The Seller may refuse to accept an Order in whole or in part, in particular where the Goods are unavailable. The Seller shall give notice of such refusal within 3 working days. The rules governing the refund of any payment received are set out in § 5(7).

4. No minimum order. The Seller applies no minimum Order value and no minimum Order quantity — including in cross-border sales.

§ 5. Prices and payment

1. Prices in the Price List are stated as net and gross amounts. Settlement is based on the net price; the gross amount is provided for information only and is calculated at the rate of tax applicable in Poland. For Buyers established outside Poland, the gross amount does not reflect the tax burden in the country of their establishment; in the case of an intra-Community supply at the 0% rate (§ 7(4)), the amount payable equals the net price. Prices do not include delivery costs.

2. The price binding upon the parties is the price in force at the time the Order is placed. The Seller may amend the Price List with effect for the future; such amendment does not affect Orders already confirmed.

3. Payment is made by way of 100% prepayment, prior to release of the Goods. Payment is made when the Order is placed, through the payment service provider made available in the Wholesale Account. Fulfilment of the Order commences once the full amount has been credited to the Seller’s account. This rule applies to all Buyers, irrespective of their country of establishment.

4. At the Buyer’s request the Seller shall issue a pro forma invoice and make payment by bank transfer available. A pro forma invoice is valid for 7 days. Upon the ineffective expiry of that period, the Order lapses.

5. Any differing payment terms require prior agreement in documentary form. The granting of deferred payment terms is individual and revocable and does not constitute an amendment to these GTCS.

6. In the event of late payment, the Seller shall be entitled to statutory interest for delay in commercial transactions and to compensation for recovery costs on the terms set out in the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions (ustawa o przeciwdziałaniu nadmiernym opóźnieniom w transakcjach handlowych).

7. Refund of prepayment. Where an Order is refused in whole or in part (§ 4(3)) or cannot be fulfilled, the Seller shall refund to the Buyer the amount received — in whole or in part, as applicable — within 7 working days, using the same payment channel through which it was made, unless the parties agree otherwise. The refund shall not be subject to any charge on the part of the Buyer.

§ 6. Delivery and passing of risk

1. The Goods are dispatched through a carrier selected by the Seller, for the Buyer’s account, unless the parties have agreed otherwise. The cost of delivery is stated before the Order is placed.

2. Dispatch times are indicative and run from the date on which the prepayment is credited. The Seller shall use its best endeavours to dispatch the Goods within the period stated on the Goods’ product page and, in the case of made-to-order Goods, within the period indicated in the description of those Goods.

3. Deliveries within the territory of the Republic of Poland: the risk of accidental loss of or damage to the Goods passes to the Buyer upon delivery of the Goods to the Buyer or to a person authorised by the Buyer. To this extent the parties exclude the application of Article 544 § 1 of the Polish Civil Code (Kodeks cywilny).

4. Deliveries outside the territory of the Republic of Poland: the risk of accidental loss of or damage to the Goods passes to the Buyer upon handing over the Goods to the first carrier, in accordance with the Incoterms rule indicated in § 7(2).

5. The Buyer is obliged to examine the consignment upon receipt. If damage to the packaging or a shortfall in quantity is found, the Buyer shall draw up a damage report with the carrier and notify the Seller within 3 working days. Failure to draw up such a report does not deprive the Buyer of its rights, but may make it more difficult to establish the circumstances in which the damage arose.

6. Partial fulfilment of an Order is permissible only with the Buyer’s consent given in documentary form.

§ 7. Cross-border sales

1. This paragraph applies to deliveries outside the territory of the Republic of Poland and takes precedence over the remaining provisions of the GTCS in the matters regulated herein.

2. Incoterms 2020 rules:

deliveries to Member States of the European Union — CPT named place of destination; the Seller concludes the contract of carriage and pays the freight, which it charges to the Buyer in accordance with § 6(1), and the risk passes to the Buyer upon handing over the Goods to the first carrier. The Buyer is the entity placing the Goods on the market of the country of destination,
deliveries outside the customs territory of the European Union — DAP named place of destination; the Buyer is the importer and bears customs duties and import taxes,
the Seller does not apply the EXW rule.

3. Customs duties, taxes and import charges are borne by the Buyer. The Seller is not liable for the amount or the timeliness of their settlement, nor for delays resulting from customs procedures in the country of destination.

4. The 0% rate on intra-Community supplies is applied on condition that the Buyer has provided a valid EU VAT number, that this number remains active in the VIES system on the date of supply, and that the Seller holds evidence of the dispatch and delivery of the Goods. If any of these conditions is not met, the Seller shall add tax at the applicable rate and issue a corrective invoice, and the Buyer undertakes to pay the difference.

5. The 0% rate on exports. Where the Goods are dispatched outside the customs territory of the European Union, the 0% rate is applied on condition that the Seller holds a document confirming the export issued by the customs authority — in particular the IE-599 message — before the expiry of the time limit for filing the return for the settlement period in which the supply took place. In the absence of such a document, the second sentence of paragraph 4 shall apply.

6. Collection arranged by the Buyer. Where transport is arranged by the Buyer, the Buyer is obliged to deliver to the Seller a written statement confirming the arrival of the Goods at the place of destination, containing the date of issue, the name and address of the Buyer, the quantity and type of the Goods, the date and place of arrival and the identification of the person taking receipt — by the 10th day of the month following the month of supply. Failure to provide the statement within that period entitles the Seller to apply the second sentence of paragraph 4.

7. Invoicing. Invoices are issued in the National e-Invoicing System (Krajowy System e-Faktur, KSeF). The Buyer receives a visual representation of the invoice in PDF format together with a QR code enabling its verification. The Buyer acknowledges that the PDF document constitutes a visual representation of a structured invoice.

8. Extended producer responsibility. In the case of deliveries made on the terms set out in paragraph 2, the entity which first makes the Goods and the packaging available on the market of the country of destination is the Buyer. The Buyer declares that it fulfils the resulting registration, reporting and financial obligations in its own country, and shall indemnify the Seller against liability on this account.

9. Language of markings. A Buyer placing the Goods on the market outside Poland is responsible for ensuring that the markings comply with the language and formal requirements of the country of sale. The Seller supplies the Goods with a care label meeting the requirements of Regulation (EU) No 1007/2011 as regards fibre names; the range of language versions of the care label is stated in the Goods’ specification on the website.

§ 8. Statutory warranty for defects, complaints and returns

1. The Seller is liable under the statutory warranty for defects (rękojmia) for physical defects of the Goods on the terms set out in the Polish Civil Code (Kodeks cywilny), subject to the modifications set out in this paragraph.

2. The warranty period is 12 months from the date of delivery of the Goods. The parties exclude the application of Article 568 § 1 of the Civil Code in so far as it provides for a longer period.

3. The Buyer shall examine the Goods immediately upon delivery and shall notify the Seller of defects: apparent defects — within 7 days of delivery; latent defects — within 7 days of their discovery, and no later than within the warranty period. Failure to observe these time limits results in the loss of rights under the statutory warranty.

4. In cross-border trade, the time limits set out in paragraphs 2 and 3 take precedence over the time limits arising under the United Nations Convention on Contracts for the International Sale of Goods, in particular over Article 39(2) of that Convention.

5. Complaints are submitted in documentary form to shop@berryboat.eu, stating the Order number, a description of the defect, the number of defective items and photographic documentation. The Seller shall consider the complaint within 14 days of its receipt together with complete documentation.

6. Where a complaint is upheld, the Seller shall, at its option, replace the Goods with Goods free from defects or reduce the price. The Buyer is entitled to withdraw from the contract only where replacement is impossible or where the Seller has failed to effect it within a reasonable time.

7. The Buyer is not entitled to the right of withdrawal from the contract provided for in the Act on Consumer Rights (ustawa o prawach konsumenta). The return of Goods free from defects is possible only with the Seller’s prior consent given in documentary form and on terms agreed in each individual case.

8. The following do not constitute defects: natural differences in yarn shade between production batches, dimensional differences falling within a tolerance of ±5%, and changes resulting from care of the Goods inconsistent with the markings on the care label.

§ 9. Liability

1. The Seller’s liability for damage caused to the Buyer is limited to the net value of the Order to which the damage relates.

2. Liability for lost profits and for indirect damage is excluded.

3. The limitations set out in paragraphs 1 and 2 do not apply to damage caused intentionally, to personal injury, or to liability which cannot be excluded or limited under mandatory provisions of law, including liability for dangerous products.

§ 10. Resale and sales channels

1. The Buyer sets its resale prices independently and freely. The Seller applies neither recommended nor maximum prices and takes no steps intended to influence the level of resale prices applied by the Buyer.

2. The level of prices applied by the Buyer has no effect on commercial terms, availability of the Goods, the level of discounts, access to new collections or sales support.

3. Qualitative criteria. The Seller operates selective distribution on the basis of criteria applied uniformly and without discrimination to all Buyers:

operating a bricks-and-mortar or online shop with a profile corresponding to the character of the Goods,
presenting the Goods in a manner which does not harm the reputation of the brand, using materials made available by the Seller or the Buyer’s own materials of a comparable standard,
providing customer service and information on the characteristics of the Goods,
refraining from selling the Goods to entities outside the Seller’s distribution network for the purpose of further resale.

4. The sale of the Goods on marketplace platforms, in particular Allegro, Amazon, eBay, Empik Marketplace, Etsy and Zalando, requires the Seller’s prior consent given in documentary form. The Seller grants or refuses such consent solely on the basis of the criteria set out in paragraph 3, applied uniformly to all Buyers.

5. The restriction set out in paragraph 4 does not apply to the operation by the Buyer of its own online shop, to the use of price comparison sites, or to advertising in internet search engines.

6. The Buyer may not dispose of the Goods to third parties for the purpose of further resale without the Seller’s prior consent.

7. The Seller does not restrict passive sales or sales outside the territory in which the Buyer conducts its business.

§ 11. Trade marks, materials and intellectual property

1. The Seller grants the Buyer a royalty-free, non-exclusive and revocable licence to use the „BerryBoat” sign, the logotype and the materials made available — solely for the purpose of promoting and selling the Goods purchased from the Seller, for the duration of the cooperation.

2. The Buyer may not: modify the logotype or the graphic materials; register in its own name any trade marks, domain names or social media accounts containing the „BerryBoat” sign or a sign similar to it, in any jurisdiction; use the sign in a manner suggesting capital ties, exclusivity or the status of a representative; manufacture, or commission the manufacture of, products reproducing the designs of the Goods.

3. Any right applied for in breach of paragraph 2 shall be transferred by the Buyer to the Seller free of charge, on first demand and at the Buyer’s own expense.

4. The prohibition set out in paragraph 2 as regards the reproduction of designs applies for the duration of the cooperation and for 3 years after its termination.

5. The Seller does not request the transfer of the Buyer’s retail customer database, does not process such data and, should it receive such data, undertakes to block and delete it at the Buyer’s request and upon termination of the cooperation.

§ 12. Product compliance and the Buyer’s obligations

1. The Seller is the manufacturer of the Goods within the meaning of Article 3 of Regulation (EU) 2023/988 (GPSR), as it places the Goods on the market under its own name and trade mark. As a manufacturer established in the European Union, the Seller itself performs the function of the responsible person referred to in Article 16 of that Regulation.

2. The Buyer acts in the capacity of distributor and undertakes in particular:

not to remove, cover or modify the product care label containing the fibre composition, the country of origin and the care symbols,
not to remove the identification markings of the Goods or the manufacturer’s details,
to store the Goods in conditions which do not impair their compliance,
to inform the Seller without delay of any event indicating that the Goods may be a dangerous product, and of any complaints relating to safety,
to cooperate with the Seller in the event of any corrective action or withdrawal of the Goods from the market.

3. The removal or alteration of the product care label, or the placing of the Goods on the market under a sign other than „BerryBoat”, results in the Buyer becoming the manufacturer of the Goods within the meaning of the GPSR and assuming the resulting obligations. The Buyer shall indemnify the Seller against liability towards third parties arising as a result of such conduct.

§ 13. Confidentiality

1. The parties shall keep confidential the commercial and technical information obtained in connection with the cooperation, in particular wholesale prices, commercial terms, cost data and collection plans.

2. This obligation applies for the duration of the cooperation and for 3 years after its termination.

3. The Buyer may not make the wholesale Price List available to third parties or publish it in publicly accessible channels.

§ 14. Personal data

1. The controller of the personal data of the persons representing the Buyer and of contact persons is the Seller.

2. The data is processed for the purpose of concluding and performing the contract (Article 6(1)(b) GDPR), fulfilling legal obligations, including tax and accounting obligations (Article 6(1)(c) GDPR), and pursuing claims (Article 6(1)(f) GDPR).

3. Detailed information is set out in the Privacy Policy available at berryboat.eu.

§ 15. Duration and termination of the cooperation

1. The cooperation is of indefinite duration and is based on individual contracts of sale concluded in the manner set out in § 4.

2. Either party may terminate the cooperation subject to a notice period dependent on its duration:

Duration of uninterrupted cooperation	Notice period
up to 12 months	1 month
over 12 up to 36 months	3 months
over 36 months	6 months

3. Notice of termination does not affect Orders already confirmed.

4. Following termination of the cooperation, the Buyer shall cease to use the Seller’s signs within 30 days, subject to the right to sell off the stock of Goods held for a period of 6 months from the date of termination of the cooperation.

5. The Seller may terminate the cooperation with immediate effect in the event of a gross breach of § 10, § 11 or § 12.

§ 16. Force majeure

1. Neither party shall be liable for non-performance or improper performance of its obligations caused by force majeure, meaning an external event which could not have been foreseen and which could not have been prevented.

2. The party affected by force majeure shall notify the other party without delay. If the state of affairs continues for more than 60 days, either party may withdraw from the unfulfilled Order without compensation.

§ 17. Governing law and dispute resolution

1. Matters not regulated herein shall be governed by Polish law, in particular the Polish Civil Code (Kodeks cywilny).

2. In the case of contracts with Buyers established in states party to the United Nations Convention on Contracts for the International Sale of Goods, that Convention shall apply, subject to the modifications arising under § 8.

3. The court having jurisdiction to hear disputes shall be the common court having local jurisdiction over the Seller’s registered office.

4. The GTCS have been drawn up in Polish, English and German versions. In the event of any discrepancy, the wording of the Polish version shall prevail.

5. Any amendment to the GTCS requires documentary form and enters into force 14 days after the Buyer has been notified. Orders placed before the amendment enters into force shall be governed by the GTCS in their previous wording. Failure to object within 14 days shall be deemed acceptance of the amendment.

6. If any provision proves to be invalid or ineffective, the remaining provisions shall remain in force. The invalid provision shall be replaced by a provision closest to the economic purpose which the parties intended to achieve.

7. The assignment of rights and obligations to a third party requires the consent of the other party given in documentary form.

General Terms of Sale — White Label

Sales outside the territory of the Republic of Poland are made exclusively to entrepreneurs. We do not fulfil consumer orders from abroad.

This document is separate from the BerryBoat Distribution GTCS. The two are not to be combined or used interchangeably — they have a different scope as regards the parties covered and allocate product liability differently.

§ 1. Subject matter and scope

1. These General Terms and Conditions of White Label Sale (the „WL GTCS”) set out the terms and conditions governing the sale by BerryBoat Albert Pietrasik, ul. Żarnowcowa 12, 91-479 Łódź, Poland, NIP (tax identification number) 7272637040, REGON (statistical number) 101004630, e-mail shop@berryboat.eu, phone +48 789 927 957 (the „Seller”) of products bearing no BerryBoat brand markings (the „WL Goods”) to entrepreneurs (the „Buyer”).

2. The WL Goods are finished products manufactured by the Seller and supplied without a brand label, without a hang tag and without packaging bearing brand markings. The only marking permanently affixed to the WL Goods is the product care label containing the fibre composition, the country of origin and the care symbols.

3. The Buyer purchases the WL Goods in the course of its business activity. The Buyer may:

a) resell the WL Goods without any markings of its own,
b) place the WL Goods on the market under its own name or trade mark,
c) use the WL Goods for its own purposes, including as corporate clothing or promotional material.

4. The WL GTCS apply to sales within the territory of the Republic of Poland, to intra-Community supplies and to exports outside the customs territory of the European Union. Provisions applicable solely to cross-border sales are set out in § 4.

5. The WL GTCS do not apply to consumers, nor to natural persons conducting business activity for whom the purchase is not of a professional character within the meaning of Article 385⁵ of the Polish Civil Code (Kodeks cywilny).

6. Exclusion of the Buyer’s standard terms. An order is accepted solely on the basis of the WL GTCS. The Buyer’s conditions of purchase shall not apply, even where the Seller has not expressly objected to them, unless the Seller has accepted them in documentary form.

§ 2. Definitions

Term	Meaning
WL Goods	a product without BerryBoat brand markings, as referred to in § 1(2)
Order	the Buyer’s declaration of intent to conclude a contract of sale
Confirmation	the Seller’s declaration accepting the Order for fulfilment
Intra-Community supply	the supply of WL Goods from the territory of Poland to the territory of another Member State of the European Union
Export	the dispatch of WL Goods from the territory of the European Union outside its customs territory, confirmed by the customs authority by means of the IE-599 message
Country of destination	the country into whose territory the WL Goods are delivered and placed on the market by the Buyer
Personalisation	the sewing on of markings, embroidery, printing, restitching, repackaging or any other interference with the WL Goods carried out by the Buyer or on its instructions

§ 3. Orders, prices, payment

1. The presentation of the WL Goods does not constitute an offer within the meaning of Article 66 of the Polish Civil Code (Kodeks cywilny), but an invitation to conclude a contract (Article 71 of the Civil Code). The Buyer’s Order constitutes an offer; the contract is concluded upon delivery of the Confirmation to the Buyer.

2. Prices are stated as net and gross amounts. Settlement is based on the net price; the gross amount is provided for information only and is calculated at the rate of tax applicable in Poland. For Buyers established outside Poland, the gross amount does not reflect the tax burden in the country of their establishment; in the case of an intra-Community supply at the 0% rate (§ 4(3)), the amount payable equals the net price. Prices do not include delivery costs.

3. Payment is made by way of 100% prepayment, prior to release of the WL Goods. Payment is made when the Order is placed, through the payment service provider made available in the Buyer’s account. Fulfilment of the Order commences once the full amount has been credited to the Seller’s account. This rule applies to all Buyers, irrespective of their country of establishment.

4. At the Buyer’s request the Seller shall issue a pro forma invoice and make payment by bank transfer available. A pro forma invoice is valid for 7 days; upon the ineffective expiry of that period, the Order lapses.

5. Any differing payment terms require prior agreement in documentary form. The granting of deferred payment terms is individual and revocable.

6. The Seller applies no minimum Order value and no minimum Order quantity.

7. The Seller may refuse to accept an Order in whole or in part, in particular where the WL Goods are unavailable. The Seller shall give notice of such refusal within 3 working days.

8. Refund of prepayment. Where an Order is refused or cannot be fulfilled, the Seller shall refund the amount received — in whole or in part, as applicable — within 7 working days, using the same payment channel through which it was made, unless the parties agree otherwise. The refund shall not be subject to any charge on the part of the Buyer.

9. In the event of late payment, statutory interest for delay in commercial transactions and compensation for recovery costs shall apply on the terms set out in the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions (ustawa o przeciwdziałaniu nadmiernym opóźnieniom w transakcjach handlowych).

§ 4. Cross-border sales

1. This paragraph applies to deliveries outside the territory of the Republic of Poland and takes precedence over the remaining provisions of the WL GTCS in the matters regulated herein.

2. Incoterms 2020 rules:

deliveries to Member States of the European Union — CPT named place of destination; the Seller concludes the contract of carriage and pays the freight, which it charges to the Buyer in accordance with § 5(1), and the risk passes to the Buyer upon handing over the WL Goods to the first carrier,
deliveries outside the customs territory of the European Union — DAP named place of destination; the Buyer is the importer and bears customs duties and import taxes,
the Seller does not apply the EXW rule.

3. The 0% rate on intra-Community supplies is applied on condition that the Buyer has provided a valid EU VAT number, that this number remains active in the VIES system on the date of supply, and that the Seller holds evidence of the dispatch and delivery of the WL Goods. If any of these conditions is not met, the Seller shall add tax at the applicable rate and issue a corrective invoice, and the Buyer undertakes to pay the difference.

4. The 0% rate on exports is applied on condition that the Seller holds a document confirming the export issued by the customs authority — in particular the IE-599 message — before the expiry of the time limit for filing the return for the settlement period in which the supply took place. In the absence of such a document, the second sentence of paragraph 3 shall apply.

5. Collection arranged by the Buyer. Where transport is arranged by the Buyer, the Buyer shall deliver to the Seller a written statement confirming the arrival of the WL Goods at the place of destination, containing the date of issue, the name and address of the Buyer, the quantity and type of the WL Goods, the date and place of arrival and the identification of the person taking receipt — by the 10th day of the month following the month of supply. Failure to provide the statement within that period entitles the Seller to apply the second sentence of paragraph 3.

6. Customs duties, taxes and import charges are borne by the Buyer. The Seller is not liable for the amount or the timeliness of their settlement, nor for delays resulting from customs procedures.

§ 5. Delivery and passing of risk

1. The WL Goods are dispatched through a carrier selected by the Seller, for the Buyer’s account, unless the parties have agreed otherwise. The cost of delivery is stated before the Order is placed.

2. Dispatch times are indicative and run from the date on which the prepayment is credited.

3. Deliveries within the territory of the Republic of Poland: the risk of accidental loss of or damage to the WL Goods passes to the Buyer upon delivery of the Goods to the Buyer or to a person authorised by the Buyer. The parties exclude the application of Article 544 § 1 of the Polish Civil Code (Kodeks cywilny).

4. Deliveries outside the territory of the Republic of Poland: the risk passes to the Buyer upon handing over the WL Goods to the first carrier, in accordance with the Incoterms rule indicated in § 4(2).

5. The Buyer shall examine the consignment upon receipt; if damage to the packaging or a shortfall in quantity is found, the Buyer shall draw up a damage report with the carrier and notify the Seller within 3 working days. Failure to draw up such a report does not deprive the Buyer of its rights, but may make it more difficult to establish the circumstances in which the damage arose.

§ 6. Product care label — obligation to preserve

1. The WL Goods leave the Seller’s warehouse with a permanently affixed product care label containing the fibre composition, the country of origin and the care symbols.

2. The Buyer may not remove, cover, cut off or modify the product care label. The Buyer may add its own brand label alongside the product care label.

3. A breach of paragraph 2 constitutes a gross breach of the WL GTCS and entitles the Seller to terminate the cooperation with immediate effect and to suspend the fulfilment of Orders already accepted.

4. Where the Buyer places the WL Goods on the market outside the territory of the Republic of Poland, it is responsible for ensuring that the markings comply with the language and formal requirements of the country of destination, in particular with Regulation (EU) No 1007/2011 on textile fibre names and related labelling of textile products. The Seller supplies the WL Goods with a care label meeting the requirements of that Regulation as regards fibre names; the range of language versions of the care label is stated in the specification of the WL Goods.

§ 7. Manufacturer status and product liability

1. For as long as the Buyer resells the WL Goods without any markings of its own, the Seller remains the manufacturer within the meaning of Regulation (EU) 2023/988 (GPSR), and the Buyer acts in the capacity of distributor.

2. Upon placing the WL Goods on the market under its own name or trade mark, the Buyer becomes the manufacturer within the meaning of the GPSR and assumes all the resulting obligations, in particular:

a) drawing up and retaining technical documentation,
b) carrying out and documenting a risk assessment,
c) affixing its own identification and contact details to the product and the packaging,
d) maintaining a register of complaints and reports relating to safety,
e) the information and corrective obligations arising where a product is found to be dangerous,
f) designating a responsible person established in the European Union, where the Buyer is not established within its territory.

3. The Seller shall make available to the Buyer, at the Buyer’s request and within a reasonable time, the technical data necessary to perform the obligations set out in paragraph 2 — the fibre composition, the origin of the yarn, the net weight of the product, information on the packaging and the certificates held — to the extent that such data does not constitute the Seller’s trade secret. The Seller does not disclose the details of yarn suppliers, formulations or production process parameters.

4. The Buyer shall indemnify the Seller against liability towards third parties, market surveillance authorities and consumers arising as a result of:

a) placing the WL Goods on the market under the Buyer’s markings,
b) removing or modifying the product care label,
c) attributing to the WL Goods markings, properties or claims inconsistent with the facts, including environmental claims,
d) placing the WL Goods on the market with markings which do not meet the requirements of the country of destination.

5. The provisions of paragraph 4 do not exclude the Seller’s liability for defects inherent in the WL Goods at the time of their release to the Buyer.

6. A Buyer placing the WL Goods on the market under its own brand should hold product liability insurance.

§ 8. Prohibition on referring to the Seller and prohibition on copying

1. The Buyer may not use the „BerryBoat” sign, the logotype or the Seller’s materials in any communication concerning the WL Goods, nor suggest that the WL Goods originate from the Seller, without the Seller’s prior consent given in documentary form.

2. The Buyer may not apply for registration of, or register in its own name, any industrial designs or Community designs reproducing the design of the WL Goods, in any jurisdiction.

3. The Buyer may not manufacture, or commission third parties to manufacture, products reproducing the design or construction of the WL Goods. This prohibition applies for the duration of the cooperation and for 3 years after its termination.

4. A breach of paragraph 2 or 3 entitles the Seller to demand a contractual penalty of PLN 20,000 for each breach, which does not preclude the pursuit of damages exceeding the amount of the contractual penalty.

5. Any right applied for in breach of paragraph 2 shall be transferred by the Buyer to the Seller free of charge, on first demand and at the Buyer’s own expense.

6. The Seller retains all rights to the design, the construction and the production know-how of the WL Goods. The sale of the WL Goods does not transfer any intellectual property rights.

§ 9. Mutual confidentiality

1. The parties undertake to keep confidential the commercial information obtained in connection with the cooperation.

2. The Seller shall not disclose the identity of the Buyer as a recipient of the WL Goods, nor use it in reference materials, without the Buyer’s prior consent given in documentary form.

3. The Buyer shall not disclose the prices or the commercial terms obtained from the Seller.

4. This obligation applies for the duration of the cooperation and for 3 years after its termination.

§ 10. Statutory warranty for defects and complaints

1. The statutory warranty period is 12 months from the date of delivery of the WL Goods. The parties exclude the application of Article 568 § 1 of the Polish Civil Code (Kodeks cywilny) in so far as it provides for a longer period.

2. The Buyer shall examine the WL Goods immediately upon delivery and shall notify the Seller of defects: apparent defects — within 7 days of delivery; latent defects — within 7 days of their discovery, and no later than within the warranty period. Failure to observe these time limits results in the loss of rights under the statutory warranty (Article 563 § 1 of the Civil Code).

3. In cross-border trade, the time limits set out in paragraphs 1 and 2 take precedence over the time limits arising under the United Nations Convention on Contracts for the International Sale of Goods, in particular over Article 39(2) of that Convention.

4. Complaints are submitted in documentary form to shop@berryboat.eu, stating the Order number, a description of the defect, the number of defective items and photographic documentation. The Seller shall consider the complaint within 14 days of its receipt together with complete documentation.

5. No complaint may be made where the defect arose after Personalisation was carried out. The Buyer bears the entire risk of Personalisation, including the risk of damage to a batch of goods in the course of the decoration process.

6. The following do not constitute defects: natural differences in yarn shade between production batches, dimensional differences falling within a tolerance of ±5%, and changes resulting from care inconsistent with the markings on the care label.

7. Where a complaint is upheld, the Seller shall, at its option, replace the WL Goods with WL Goods free from defects or reduce the price. The Buyer is entitled to withdraw from the contract only where replacement is impossible or where the Seller has failed to effect it within a reasonable time.

8. The Buyer is not entitled to the right of withdrawal from the contract provided for in the Act on Consumer Rights (ustawa o prawach konsumenta). The return of WL Goods which have undergone Personalisation is excluded. The return of WL Goods free from defects and not subjected to Personalisation is possible only with the Seller’s prior consent given in documentary form.

§ 11. Liability

1. The Seller’s liability for damage caused to the Buyer is limited to the net value of the Order to which the damage relates.

2. Liability for lost profits and for indirect damage is excluded.

3. The limitations set out in paragraphs 1 and 2 do not apply to damage caused intentionally, to personal injury, or to liability which cannot be excluded under mandatory provisions of law, including liability for dangerous products.

§ 12. Extended producer responsibility and environmental obligations

1. The obligations arising under the provisions on extended producer responsibility in respect of textiles and packaging are borne by the entity which first makes the product available on the market of the country of destination under its own name or trade mark.

2. A Buyer placing the WL Goods on the market under its own brand or outside the territory of the Republic of Poland acknowledges that it bears the registration, reporting and financial obligations arising under those provisions, and shall indemnify the Seller against liability on this account.

3. The Seller shall make available to the Buyer the data necessary to perform those obligations, in particular the net weight of the product, the fibre composition and information on the packaging.

§ 13. Personal data

1. The controller of the personal data of the persons representing the Buyer and of contact persons is the Seller.

3. Detailed information is set out in the Privacy Policy available at berryboat.eu.

§ 14. Duration and termination of the cooperation

1. The cooperation is of indefinite duration and is based on individual contracts of sale concluded in the manner set out in § 3(1).

2. Either party may terminate the cooperation subject to the following notice period:

Duration of uninterrupted cooperation	Notice period
up to 12 months	1 month
over 12 up to 36 months	3 months
over 36 months	6 months

3. Notice of termination does not affect Orders already confirmed.

4. Following termination of the cooperation, the Buyer has the right to sell off the stock of WL Goods held for a period of 6 months from the date of termination of the cooperation.

5. The Seller may terminate the cooperation with immediate effect in the event of a breach of § 6(2) or § 8.

6. The obligations under § 8(3) and § 9 continue after termination of the cooperation for the periods indicated therein.

§ 15. Force majeure

§ 16. Final provisions

1. Matters not regulated herein shall be governed by Polish law, in particular the Polish Civil Code (Kodeks cywilny).

3. The court having jurisdiction to hear disputes shall be the common court having local jurisdiction over the Seller’s registered office.

4. The WL GTCS have been drawn up in Polish, English and German versions. In the event of any discrepancy, the wording of the Polish version shall prevail.

5. Any amendment to the WL GTCS requires documentary form and enters into force 14 days after the Buyer has been notified. Orders placed before the amendment enters into force shall be governed by the previous wording. Failure to object within 14 days shall be deemed acceptance of the amendment.

6. The invalidity of any provision shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision closest to the economic purpose which the parties intended to achieve.

7. The assignment of rights and obligations to a third party requires the consent of the other party given in documentary form.

Consumer Terms and Conditions

Terms and Conditions

Terms and Conditions of the online shop

General provisions

These Terms and Conditions set out the rules for purchasing over the Internet via the Shop.
The Online Shop, available at BerryBoat.eu together with its extensions (hereinafter the "Online Shop"), is run by the company Albert Pietrasik, Tax ID (NIP) 7272637040, Business Reg. No. (REGON): 101004630, with its registered office at ul. Żarnowcowa 12, 91-479 Łódź, Poland, email: shop@berryboat.eu, phone: +48 789 927 957 (hereinafter: the Seller).
Acceptance of the Terms and Conditions is voluntary but necessary in order to use selected functions of the Online Shop (e.g. setting up a Customer Account, making a purchase).
The Terms and Conditions are made available free of charge in the Online Shop in a manner enabling Users to:
1. read their content,
2. record their content by printing them out or saving them on an external medium, e.g. downloading them in PDF form – link .
3. read the currently binding version as well as previous ones.
Contact with the Online Shop is possible at the e-mail address: shop@berryboat.eu or by phone at +48 789 927 957.

Definitions

If the following capitalised expressions are used further in the Terms and Conditions, they should be understood with the meaning given, unless the context of their use clearly indicates otherwise:
Seller – Albert Pietrasik, Tax ID (NIP) 7272637040, Business Reg. No. (REGON): 101004630, with its registered office at ul. Żarnowcowa 12, 91-479 Łódź.
Promotional Campaign – special conditions for the sale of Products or the provision of services, offered by the Seller for a specified time, which the Customer may use under the terms set out there, such as e.g. a reduction of the Price for a Product or Promotional Set, or a reduction of Shipping costs. The details of the Promotional Campaign are governed by the Regulations of the Promotional Campaign.
Price – the gross remuneration amount (including tax) specified in Polish zloty or another currency, due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The Price does not include delivery costs, unless the terms of the Promotional Campaign provide otherwise.
Customer – a natural person; or (2) a legal person acting through an authorised person; or (3) an organisational unit without legal personality to which the law grants legal capacity; having full capacity to perform legal acts.
Consumer – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity, within the meaning of Article 22(1) of the Act of 23 April 1964, the Civil Code.
Customer Account – an Electronic Service; a set of resources in the Seller's ICT system, marked with an individual name (Login – e-mail) and Password, allowing the Customer to use additional functionalities of the Online Shop.
Cart – an Electronic Service made available to every Customer, enabling, among other things, the placement of an Order for one or more Products, as well as the entry of discount codes.
Login – the Customer's e-mail address provided when creating the Customer Account.
Newsletter – an Electronic Service which enables all subscribed users to access periodic information about the Online Shop, in particular about Products and Promotional Campaigns, to the e-mail address provided, with their express consent.
Product or Goods – an item that is the subject of the Sales Agreement between the Customer and the Seller, available in the Online Shop.
Consumer Entrepreneur – a Customer who is a natural person concluding an agreement directly related to their business activity, where the content of that agreement shows that it is not of a professional nature for them.
Terms and Conditions – this document setting out, among other things, the rules for concluding Sales Agreements and the rules for providing and using the services of the Online Shop to Users and Customers. With regard to services provided electronically, the Terms and Conditions are the regulations referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services.
Online Shop – the online sales service run by the Seller at BerryBoat.eu.
Product Page – a page in the Online Shop on which detailed information about the Product is presented.
Sales Agreement – a sales agreement within the meaning of the Civil Code, concerning the sale of the Product by the Seller to the Customer for payment of the Price plus any additional charges (e.g. shipping costs). The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order.
Electronic Service – the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services, by the Seller to the Customer via the Online Shop, in accordance with the Service Agreement.
User – a natural person browsing the resources of the Online Shop, without the need to set up a Customer Account and make a purchase.
Order – the Customer's declaration of intent expressing the will to conclude a distance Sales Agreement, submitted using means of distance communication, specifying the Product and the Customer's data necessary to conclude and perform the Sales Agreement.
Content – textual, graphic and multimedia elements (e.g. information about Products, Product photos, videos), including works within the meaning of the Act on Copyright and Related Rights, which are posted within the Online Shop by the Seller or its counterparties.

General rules

Technical requirements:
1. Minimum technical requirements of the User's device…
2. A device with access to the Internet.
3. The latest version of a web browser.
4. An active e-mail account (e-mail address) in order to set up a Customer Account or make a purchase.
The Seller does not guarantee that use of the Shop will be error-free and uninterrupted.
The Seller reserves the right to suspend or restrict access to the Shop at any time. The Seller will endeavour to restore operation without delay.
Some technical breaks may affect the fulfilment of Orders already placed.
The Seller is not liable for the content of external services (e.g. payments).
Electronic Services:
1. The Seller provides, via the Shop, the following Electronic Services, which do not require payment of the Price:
  1. maintaining a Customer Account,
  2. enabling the placement of Orders,
  3. presenting tailored advertising content,
  4. the ability to use the Cart,
  5. the ability to add reviews of purchased products,
  6. browsing Content posted in the Shop, including marketing content,
  7. Newsletter,
  8. Customer Account, etc.
2. Additionally, for Customers who have created a Customer Account, the Seller provides services such as:
  1. maintaining the Customer's session after logging in,
  2. storing the history of Orders and settlements,
  3. enabling changes to the Customer's data,
  4. etc.
3. The Service Agreement is concluded upon confirmation of the registration of the Customer Account. The Account is provided free of charge for an indefinite period.
4. The Seller may make it possible to set up a Customer Account/log in via external providers (Facebook, Google, Apple).
Cart
1. Use of the Cart begins when the first Product is added.
2. The Cart is a free service, operating until a paid Order is placed.
3. The Customer can independently correct the data in the Cart (add/remove Products, change the delivery address, payment method, etc.).
Newsletter
1. The Newsletter service includes, among other things, Users' receipt of commercial information from the Seller and partners.
2. Use of the Newsletter is possible after providing an e-mail address or telephone number and accepting the Terms and Conditions and the Privacy Policy.
3. The Newsletter service is provided for an indefinite period.
4. The User may unsubscribe from the Newsletter at any time by clicking the deactivation link or contacting the Seller.
The Seller may terminate the Agreement (Electronic Services) at any time for important reasons (e.g. a change in the law). This also applies to termination of access to the Newsletter.
The purchase of Goods available in the Shop is possible after acceptance of these Terms and Conditions.
Unless otherwise indicated, all Goods offered in the Shop are brand new, free from physical and legal defects, and have been legally placed on the Polish market.
All prices are given in Polish zloty and include VAT. Prices do not include delivery costs, which are indicated when placing the Order.
Complaints related to the provision of Electronic Services may be submitted in any form. The means indicated in point 1.2 of the Terms and Conditions are recommended.
The Seller responds to the complaint without delay, no later than within 14 days of its submission.

Conclusion of the sales agreement and placing an order

The information presented in the Shop constitutes only an invitation to conclude an agreement, and not an offer within the meaning of the Civil Code.
The main features of the service are specified on the Product Page or in another manner appropriate for the given Product.
The Seller may introduce restrictions as to the methods of placing Orders for certain Products.
The conclusion of the Sales Agreement takes place after the Customer places an Order and it is accepted.
Orders can be placed 24/7 throughout the year.
The Seller enables the User to place an Order via the Shop in the following way…
1. The Customer adds the selected Product to the Cart and proceeds to the order form.
2. A logged-in User confirms in the order form that the data is up to date, while a non-logged-in User fills in the form themselves.
3. The Customer provides the data necessary to perform the Sales Agreement: first name, last name, address, e-mail, telephone, method of delivery and payment.
4. Providing outdated or untrue data may make it impossible to fulfil the Order.
5. The Customer sends the Order (offer) to the Seller. Acceptance of the Terms and Conditions and the Privacy Policy is required if the Customer does not have an Account.
6. Depending on the chosen payment method, the Customer may be redirected to the pages of an external payment service provider.
7. The Seller sends an automatic e-mail confirming receipt of the Order.
8. After verifying the Order, the Seller sends confirmation of acceptance and conclusion of the Sales Agreement, or information about the inability to accept the Order.
The Sales Agreement is concluded upon confirmation of the offers from the Order in the e-mail message sent to the Customer.
Placing an Order means consent to receiving the invoice in electronic form to the e-mail address provided.
If it is not possible to accept the offers submitted in the Order, the Seller will contact the Customer to determine further steps (e.g. partial fulfilment of the order, cancellation, etc.).
If the Order cannot be fully fulfilled, the Seller shall without delay refund the Customer's payments to the extent that the Agreement was not concluded.
The Seller may inform the Customer about the status of the Order (e-mail, SMS, telephone).
The total value of the Order includes the Price, shipping costs and any other costs. The Customer is informed of this before placing the Order and concluding the Sales Agreement.
Promotional Campaigns in force in the Shop do not combine, unless otherwise indicated.
When the same Customer places several orders to the same delivery address, the Seller may combine the Orders into one.

Payment Methods

Available payment methods: payment cards (Visa, MasterCard, etc.), Shoper payments (BLIK, instant transfer, PayPo), cash on delivery. The payment operator is Autopay S.A.
In the case of a refund for a transaction made with a payment card, the seller will make the refund to the bank account assigned to that card.
The current available payment methods are specified in the Shop and presented before placing the Order. The available methods may depend on the delivery method / address or the features of the Product.
In the event of non-receipt of payment, the Shop may contact the Customer by sending an e-mail (transactional e-mail). Failure to make payment within 5 days of placing the Order may result in its cancellation.

Product delivery

Delivery takes place via an external company (e.g. a courier) chosen by the Customer.
Delivery is chargeable, unless the Customer placed an Order with free delivery or as part of a Promotional Campaign.
The available delivery methods may depend on the payment method chosen by the Customer and the features of the Product.
We usually carry out delivery within a maximum of 7 business days from the date of confirmation of the Order. The total delivery time consists of the order preparation time (up to 4 days) and the delivery time by the courier company.
In extraordinary situations the delivery time may be extended (sales, holidays, etc.).
In the event of an extension of the deadline, the Seller may contact the Customer and inform them of the reason for the delays.
The shipping time may be longer if the Product requires personalisation. The Customer will be informed when placing the Order.
When collecting the shipment, the Customer should, as far as possible, check the condition of the parcel in the presence of the courier. In the event of damage to the Product, a damage report should be drawn up and the Seller informed.
Courier companies, collection points, etc. have their own delivery regulations. Please familiarise yourself with them before choosing a delivery method.
In the event of unsuccessful delivery through the Customer's fault, the Seller may send the Product again after the Customer has covered the costs. After the Product has been not collected twice, the Seller may withdraw from the agreement and cease providing electronic services.
The Customer places the order, chooses the payment and delivery method, provides the data, accepts the Terms and Conditions.
The Seller confirms receipt of the order, which is tantamount to conclusion of the Sales Agreement.

Reviews of our products

All Customer reviews of Products purchased in the Shop are verified. The Shop obtains reviews only from people who actually made a purchase.
After receiving the ordered Products, the Customer may be asked to voluntarily add a review.
The Customer can add a review of the Products in the Customer Panel, in the order details.
By filling in the review form, the Customer consents to the publication of content about the purchased Product and to the sharing of personal data to the necessary extent.
Reviews are not sponsored, and their content does not affect the terms of future agreements.
The Shop posts all reviews, positive and negative, as long as their content does not violate the Terms and Conditions or the law.
Reviews are verified as to whether they were submitted by Customers who actually made a purchase. The Customer may be asked to provide the order number.

Complaints

A Customer who is a Consumer or a Consumer Entrepreneur may file a complaint.
The Seller is liable for the conformity of the performance with the agreement (delivery of goods without defects and in accordance with the concluded Agreement).
The Seller is liable for the lack of conformity of the goods with the agreement revealed within 2 years of its delivery (unless the shelf life is longer).
A complaint may be submitted in any form. We recommend using the form (available under the Terms and Conditions) or the means of communication from point 1.2.
In the event of a lack of conformity of the Product with the Agreement, the Customer is entitled to the rights specified in Chapter 5A of the Act on Consumer Rights.
The Consumer may demand repair or replacement of the goods.
The Seller may make a replacement when the Consumer demands a repair (and vice versa), if this form of bringing the goods into conformity is impossible or entails excessive costs.
If repair and replacement are impossible or require excessive costs, the Seller may refuse to bring the goods into conformity with the agreement.
The Seller will repair or replace the goods at its own expense, within a reasonable time. The Consumer is obliged to make the goods available to the Seller. The Seller collects the goods at its own expense.
The Consumer is entitled to a price reduction or withdrawal from the agreement when:
1. the Seller refuses to bring the goods into conformity with the agreement,
2. the Seller does not bring the goods into conformity with the agreement,
3. the lack of conformity of the goods with the agreement persists,
4. the lack of conformity of the goods is so significant that it justifies withdrawal from the agreement without prior repair or replacement,
5. it is clear from the circumstances that the Seller will not bring the goods into conformity within a reasonable time.
In the case of a declaration of a price reduction, the Seller returns the amount due within 14 days.
In the case of withdrawal from the agreement, the Consumer returns the goods to the Seller without delay, and the Seller returns the payment within 14 days of receiving the goods (or proof of their return).
The Customer's claims for non-conformity of the goods with the agreement become time-barred after 6 years from the day the non-conformity was revealed.
We recommend that, in the description of the complaint, the Customer provides information about the defect, the date of its occurrence and contact details – this will speed up the handling of the complaint.
The Seller will respond to the complaint no later than within 14 days of its receipt.

Out-of-court methods of handling complaints

A Customer who is a Consumer has, among other things, the possibility of using out-of-court methods of handling complaints and pursuing claims (a permanent consumer arbitration court, mediation, the assistance of a consumer ombudsman, etc.).
Detailed information is available on the websites: www.uokik.gov.pl , www.rf.gov.pl .
At http://ec.europa.eu/consumers/odr the European Commission provides an online platform for dispute resolution. The Seller does not participate in this voluntary procedure.
Disputes with a Consumer are heard by the courts competent in accordance with Polish law. Disputes with a Customer who is not a Consumer are heard by the court competent for the Seller's registered office.

Right of withdrawal from the agreement (returns)

A Customer who is a Consumer may withdraw from a distance agreement within 30 days of taking possession of the product, without giving a reason and without costs (apart from those specified by law). This also applies to a Consumer Entrepreneur.
To meet the deadline, it is sufficient to submit the declaration of withdrawal before its expiry.
The declaration of withdrawal may be submitted via the Returns functionality in the Customer Panel or using the withdrawal form.
The Consumer bears the cost of returning the Product (return shipment).
The withdrawal period begins on the day the Consumer takes possession of the products.
The Consumer is obliged to return the Product no later than within 14 days of the day on which they withdrew from the agreement.
The Consumer should secure the Product being returned.
After effective withdrawal, the agreement is deemed not to have been concluded.
The Seller refunds the payments, including delivery costs (except for additional costs arising from the choice of a delivery method other than the cheapest standard one), no later than 14 days from the day of receiving the declaration of withdrawal (subject to the possibility of withholding until the product is received).
The refund will be made using the same payment method used by the Consumer, unless they agree to another form.
The Consumer is liable for any diminution in the value of the product resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the product.
The statutory right of withdrawal is not available to the Consumer in the cases specified in Article 38 of the Act on Consumer Rights.

Intellectual Property

All rights to the Shop (name, domain, logos, trademarks, text, graphics, etc.) belong to the Seller.
It is prohibited to copy, reproduce, modify, duplicate or distribute any part of the Shop without the written consent of the Seller.
The logo of the Online Shop, which is a trademark, is subject to special legal protection.
The use of the Shop's data for commercial purposes may take place only after prior notification and obtaining the written consent of the Seller.

Personal data

The controller of Customers' personal data is the Seller.
Personal data is processed in accordance with the GDPR (Regulation (EU) 2016/679) and the Act on the Provision of Electronic Services.
The rules for the protection of personal data and the use of cookies are set out in the document "Privacy and Cookies Policy" .

Customers who are not Consumers

This point applies exclusively to Customers who are not Consumers or Consumer Entrepreneurs.
Upon release of the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss pass to the Customer who is not a Consumer.
In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty towards a Customer who is not a Consumer is excluded.
The Seller (or its employees) is not liable to the Customer for any damage or loss of profits, unless the damage was caused intentionally.
The Seller's liability towards a Customer who is not a Consumer is limited to the amount of the Price paid and the delivery costs of the last Sales Agreement.
All disputes with a Customer who is not a Consumer are heard by the court competent for the Seller's registered office.
The Seller may amend the Terms and Conditions at any time on the basis of generally applicable legal provisions, with regard to Customers who are not Consumers.

Final Provisions

All disputes arising from the performance of sales agreements concluded with Customers are heard by the common courts.
In matters not regulated by the Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services and other relevant provisions of Polish law apply.
The Terms and Conditions come into force on 07.10.2023.
The Terms and Conditions are available in Polish.
Unless mandatory legal provisions provide otherwise, the law applicable to the resolution of disputes is Polish law.
If the provisions of the Customer's country of residence provide for more favourable conditions, they take precedence over Polish law.
The content of the Terms and Conditions may change; in the case of Users subscribed to the Newsletter or having an Account, they may be informed of changes by e-mail.

Seller's contact details

Name: BerryBoat.eu Albert Pietrasik

Address: Żarnowcowa 12, 91-479 Łódź, Poland

E-mail: shop@berryboat.eu

Phone: +48 789 927 957

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