Regulations

§ 1. Definitions
1.      Regulations - these Rules and Regulations, which define the principles for the conclusion of distance sales agreements through the Internet Store, the principles for the performance of these agreements, the rights and obligations of the parties to the distance sales agreement and the principles for the complaint procedure. With regard to services provided electronically, the Rules and Regulations are respectively the rules and regulations referred to in Article 8 of the Electronic Services Act.
2.      Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to whom the Act grants legal capacity, who enters into a Distance Sales Agreement with the Seller.
3.      Consumer - a natural person making a legal transaction with the trader not directly related to his economic or professional activity.
4.      Individual Entrepreneur - a natural person concluding a Distance Sales Agreement directly related to his/her business activity, when the content of this Agreement indicates that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity, made available on the basis of the provisions of the Central Register of Business Activity and Information.
5.      Entrepreneur - a natural person, a legal person or an organisational unit which is not a legal person and to which the Act confers legal capacity, conducting in its own name economic or professional activity.
6.      Seller:.
AGBO PPHU BOGDAN NAWROTEK,
tel. +48814403117,
shop@agbo.com.pl,
NIP 716-000-88-18,
REGON 004183606.

1. Seller's registered office address:.

Mickiewicza, 75,
08-530 Dęblin.
8.      Internet Shop - the website operated by the Seller, available at the electronic addresses: https://b2b.agbo.com.pl through which the Customer can obtain information about the Goods and their availability and purchase the Goods or order a service.
9.      Distance Sales Agreement - an agreement for the sale of Goods/agreement for the provision of a Digital Service or Digital Content (if applicable), concluded through the Online Shop.
10. Goods - a movable item that the Customer may purchase from the Online Shop.
11. Digital Service - a service that allows the Consumer to:
12. producing, processing, storing or accessing data in digital form;
13. the sharing of data in digital form that has been uploaded or created by the Consumer or other users of this service;
14. other forms of interaction through data.
15. Digital Content - data produced and provided in digital form.
16. Privacy and Cookies Policy of the Online Shop - a document setting out detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookies Policy is attached as Appendix 3 to the Terms and Conditions and is available at https://b2b.agbo.com.pl/eng-privacy-and-cookie-notice.html.
17. Permanent medium - means a material or tool that allows the Customer or the Seller to store information addressed personally to the Customer or the Seller in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and that allows the stored information to be reproduced unchanged, in particular email.
18. Electronic order form - electronic order procedure made available by the Seller to the Buyer.
19. Electronic Claim Form - the electronic claim procedure provided by the Seller for the Buyer; available at https://b2b.agbo.com.pl/rma-open.php.
20. Sending an order - validation of an order by clicking on the "" button by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
21. Account - a set of data stored in the Online Store and in the Seller's ICT system pertaining to a given Customer and the orders placed by the Customer and distance Sales Agreements concluded by the Customer, with the use of which the Customer may place orders, and in due time - cancel or edit, and conclude Distance Sales Agreements.
22. Order handling opinion or opinion of individual Goods - subjective statements and ratings awarded in the form of stars from 1 to 5.
23. Subscription Order - an order automatically created as part of a Subscription.
24. Subscription - an electronic service that allows for the automatic creation of Subscription Orders for specific Goods, according to the recurrence selected by the Customer, without the need to place separate orders until the Subscription is completed.
25. Cyclical Payments - are payments handled by the IdoPay payment service provided by the Operator and executed automatically, in specific cycles, used to pay for Subscription Orders on the basis of the consent given by the Buyer at the start of the Subscription (standing order of the Cardholder).
26. Operator - IdoPayments sp. z o.o. with its registered office at 30 Piastów Avenue, 71-064 Szczecin, entered in the Register of Entrepreneurs kept by the District Court of Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register under number 0000859711, NIP: 8522666251, REGON: 387039893, with share capital: PLN 800,000.00. Delivery address: al. Piastów 30, 71-064 Szczecin, also referred to as: "IdoPayments" which is a national payment institution within the meaning of Article 2(16) of the Payment Services Act of 19 August 2011 (Journal of Laws of 2020, item 794 as amended)[hereinafter: "PSA"].
27. Card - a payment card issued under the Visa or International or Mastercard International schemes, authorised by the regulations of those schemes to carry out transactions without physical presence.
28. Quick shopping methods – purchases made using the Google Pay or Express Checkout functionality, allowing you to complete your purchases with one click.
29. Sales document - fiscal receipt, VAT invoice or electronic fiscal receipt (e-paragon or e-invoice) in the form of a PDF file, delivered to the Buyer's e-mail address.
§ 2 General provisions
1.      types and scope of services provided by electronic means:
1)      conclusion of Sales Agreements online - with regard to Goods sold in the Internet Shop,
2)      principles of registration and use of an Account in the framework of the Internet Shop,
3)      adding opinions, comments and ratings - the Customer may add an opinion or comment to his/her order,
4)      sending e-mails in which the Seller confirms receipt of an order, possible receipt of payment, acceptance of an order for processing.
2.      The use of the Online Store is possible on condition that the computer system used by the Customer meets the following minimum technical requirements:
1)      web browsers in the current version e.g.:
Firefox
Chrome
Microsoft Edge
2)      any program for viewing files in PDF format.
3.      The content located on the pages of the Internet Shop, including descriptions of Goods and prices constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
4.      The Seller shall make these Terms and Conditions available through a link on the home page before, during and after the conclusion of the remote sales agreement. The Purchaser may download and print it.
5.      In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organisational measures appropriate to the degree of security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted over the Internet.
§ 3 Orders
1.      Placing an order in the Online Store can be done through an Account or choose the option to purchase without registration, in which case an internal (technical) account is created that allows the Seller to store data related to the order, based on which the Customer can create an Account. The internal account is maintained until the data is removed from the system, the Account is blocked or the personal data retention period specified by law expires.
2.      The purchase is made by completing an electronic order form available on the pages of the Online Store or by choosing quick shopping methods. The selection of the ordered Goods is made by adding them to the basket. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Customer wishes to order to the location indicated by him/her. The Customer takes the appropriate technical steps based on the messages displayed.
3.      Once the Customer has entered all the necessary data, a summary of the order placed will be displayed. The order summary will contain information concerning: Seller's identification data, the subject of the order, unit and total price of the ordered Goods, including delivery and other costs, if any, the selected method of payment, the selected method of delivery, time and cost of delivery.
4.      If the subject of the contract is the provision of Digital Content or Digital Services that are not stored on a tangible medium or services provided electronically or remotely - the Consumer in the additional checkbox required to place the order and located on the Electronic Order Form gives the following consent: "I consent to the delivery of digital content which is not recorded on a tangible medium or to the commencement of the service before the expiry of 14 days from the date of conclusion of the contract and acknowledge the loss of the right of withdrawal". The Seller will confirm receipt of the aforementioned consent by email.
5.      In order to place an Order, it is necessary to provide in the Electronic Order Form the personal data marked as mandatory, to accept the content of the Terms and Conditions, to send the Order by pressing the button "".
1)      Sending an electronic order form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Terms and Conditions.
2)      A Distance Sales Agreement shall be deemed concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying a message to the Buyer confirming the acceptance of the order and providing its number.
3)      After concluding a Distance Sales Agreement, the Customer receives a confirmation of the placed order in the form of an e-mail, which includes: confirmation of acceptance of the order and the final confirmation of all important elements of the Order and the general conditions of the concluded Distance Sales Agreement (Terms and Conditions of the Online Store), Seller's data, Seller's liability for the quality of performance, about the services provided by the Seller after the sale.
4)      Until the Seller starts the processing of the order:
·         the Customer may change his order using the technical solution available on the Electronic Order Form page and going through the entire order path again. The order is changed by placing a new order that replaces the one previously placed. Alternatively, the payment made by the Customer is credited to the new order and, in the event of an overpayment, it is returned to the bank account from which the payment was made.
·         The Customer may cancel his/her order by selecting the "cancel order" option available on the Electronic Order Form page.
5)      If the Customer cancels the order, the Seller shall refund the payment received within 3 working days. The payment will be refunded using the same payment method used by the Customer.
6)      The processing time for the Order is between 1 and 10 working days from the date of conclusion of the contract.
§ 4 Payment
1.      The Online Shop offers the possibility of payment in the form of prepayment, cash on delivery (with payment on account after delivery). The deferred payment option is possible in situations individually agreed with the Seller.
2.      Payment for the goods can be made by the method selected at the time of ordering on the Electronic Order Form.
3.      the currently available prepaid payment methods in the Online Shop are available at https://b2b.agbo.com.pl/eng-payments.html.
4.      After the purchase process, the Seller issues the corresponding Sales Document.
§ 5 Delivery
1.      On the Electronic Order Form, the Customer shall select the method of delivery by ticking the choice made.
2.      In the event that the Goods are not collected by the Customer, resulting in the return of the Goods to the Seller - the Seller may withdraw from the sales contract, after calling the Customer in an e-mail given in the purchase process to perform the contract. The withdrawal from the contract is made by making a statement to the Customer in the form of an e-mail message.
3.      In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
4.      The currently available delivery methods in the Online Shop are available at https://b2b.agbo.com.pl/eng-delivery.html.
§ 5a. No right of withdrawal
1.      The provisions of the Act of 30 May 2014 on consumer rights regarding the right to withdraw from a distance contract do not apply to agreements concluded between the Seller and the Customer under these Terms and Conditions, as the Store conducts wholesale sales to businesses (B2B).
2.      The Customer is not entitled to withdraw from the agreement or to return purchased Goods, except where the obligation to accept a return arises from mandatory provisions of law (e.g. an accepted claim under statutory warranty or a commercial guarantee).
3.      The Seller may, in individual cases and upon prior arrangement with the Customer, agree to accept a return of Goods. Such a return is exceptional and does not constitute a change to these Terms and Conditions.
§ 8 Complaint
1.      A complaint about a defect in the Goods or non-compliance of the Goods with the concluded Remote Sales Contract may be filed:
2.      via the Electronic Complaint Form;
3.      in writing to the address of the Seller's registered office or by e-mail to shop@agbo.com.pl.
4.      In the notification, it is necessary to specify a defect which, in the opinion of the Buyer, the Goods have, claims against the Seller, and if possible - to document the said defect and provide proof of purchase of the Goods in the Online Shop. The Seller shall respond to the complaint within 14 days of its receipt. If he has not responded within the aforementioned time limit, it shall be deemed that he has acknowledged the complaint. The response to the complaint shall be provided by the Seller to the Buyer in writing or on a durable medium.
5.      The steps to be taken by the Buyer in order to lodge a complaint, including the method of delivery of the Goods under complaint to the Seller are indicated at various stages in the Electronic Complaint Form.
6.      In the event that the Seller considers the complaint as justified: the costs of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
7.      The Seller shall be liable to the Consumer, as well as to the Individual Entrepreneur, for the lack of conformity of the Goods with the Distance Sales Contract under the principles that result from the Act of 30.05.2014 on Consumer Rights.
8.      The Seller shall be liable for non-compliance of the Goods with the Contract of Sale concluded remotely existing at the time of its delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, specified by the Seller, is longer.
9.      The Seller shall repair or replace the Goods within 14 days of acknowledging the complaint. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
10. The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods at his own expense. 6.
11. The Seller shall deliver the Goods free from defects and shall be liable to the Entrepreneur for defects of the purchased Goods under the terms of the Civil Code.
12. The delivery of Digital Content or Digital Service to the Consumer or the Individual Entrepreneur shall be made in accordance with the principles that arise from the Act of 30.05.2014 on Consumer Rights.
13. Digital Content shall be deemed to have been delivered when the Digital Content or the means that allows access to the Digital Content or the downloading of the Digital Content have been made available to the Consumer or to a physical or virtual device that the Consumer has independently selected for that purpose, or when the Consumer or such device, has accessed it.
14. The Digital Content shall be deemed to have been delivered when the Consumer or the physical or virtual device which the Consumer has independently selected for that purpose has accessed it.
15. The Seller shall bring the Digital Content or Digital Service into conformity with the contract within 21 days 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 their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the Contract shall be borne by the Seller.
§ 9 Opinions
1.      An opinion on the handling of an order or an opinion on an Item can be submitted during a visit to the Online Shop by clicking on the interface next to the Item or by clicking on the link provided in the email. The addition of an opinion is voluntary and free of charge. The customer may only place one Rating within an order. 2.
2.      In the ratings, the customer may assign a star rating from 1 to 5 and add a verbal comment limited to 65535 characters.
3.      The ratings are stored and displayed publicly on the Online Shop website, as well as on the websites https://zaufaneopinie.smile.pl and https://trustedreviews.smile.pl.
4.      The Seller verifies the Opinions using the e-mail address that was used in the purchase process of the Goods in question. An Opinion which is placed by a person using the e-mail address which was used in the purchasing process - is marked on the website of the Shop with the comment "opinion confirmed by purchase". Any other Opinion is marked as an "opinion not confirmed by a purchase".
5.      The Seller may publish Opinions on a given Merchandise from its other online Stores.
6.      The Seller will not change the Opinions in terms of their content or the stars awarded.
7.      The buyer is solely and solely responsible for the content of the opinion. The seller reserves the right to delete an opinion under the terms of the law and these terms and conditions.
8.      The submission of information that is untrue, misleading, vulgar, aggressive, offensive or manifestly immoral is prohibited. It is also unacceptable to upload content that is unlawful, infringes the rights of third parties or constitutes an act of unfair competition. 9.
9.      The Customer undertakes not to place content that contains links to external websites, is of a promotional or advertising nature or contains personal data of third parties.
10. The content of the rating may be hidden from other users of the Store at the Customer's express request, but the star rating awarded will be included in the overall rating of the Store and the Merchandise.
§ 10 Intellectual property
1.      The Customer declares that he/she is not entitled to any rights, including copyrights or related rights to the evaluations and statements posted by him/her, except for the right to use the Online Shop in the manner specified in the Terms and Conditions. The Customer shall not be entitled to any rights to record, reproduce, make available, publicise or disseminate the content, unless such a right results from the provisions of law or these Terms and Conditions.
2.      The Customer shall not be entitled to interfere in any way with the content, in particular the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
3.      By placing Opinions in the Online Store, which constitute works within the meaning of the Act of 4.2.1994 on Copyright and Related Rights - the Client grants the Seller a non-exclusive and gratuitous licence, unlimited in terms of time and territory, to use these works by the Seller, together with the right to grant a sub-licence, which includes making the work available to the public in such a way that everyone can have access to it at a place and time individually chosen by them (the Internet). The licence is granted in respect of all fields of exploitation known at the time of its granting, in particular the following fields of exploitation:
4.      in the field of recording and multiplication of the work by any technique - in particular by printing, reprography, magnetic recording, digital technique, i.e. using any technique on any audiovisual or visual carrier, in particular on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related on-line services and multiplication, recording, use on the Internet, advertising, multiplication of the recording in electronic form in computer memory and in internal and external networks,
5.      use of the whole or fragments or any elements of the work, with the possibility of making modifications resulting from the nature of the given online medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in fragments for the purposes of promotion and advertising, especially in the form of audiovisual, audio, media advertising.
6.      within the scope of trading in the original or copies on which the work has been fixed - marketing, lending, leasing the original or copies,
7.      within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in a manner allowing everyone to have access to it in a place and at a time chosen by them,
8.      use of works for promotional and marketing purposes;
9.      the deletion of the Account by the Customer or of an Opinion pursuant to section 9, item 8 shall not affect the validity of the aforementioned licence.
§ 11. Rules of sale in the Subscription model.
1.      Electronic service in the form of Subscription may be provided by the Seller to the Buyer.
2.      using the Subscription allows for cyclical delivery of selected Goods, at intervals indicated by the Customer, without the need to place subsequent orders until the Subscription is completed. Payment for the Subscription is made exclusively using the Cyclical Payment mechanism and only via a single Card.
3.      Unsubscribing a Card from a Subscription shall terminate the Subscription.
4.      Transactions under Recurring Payments will be processed only upon prior registration of the Cardholder with the Operator (or the entity through which the Operator handles Transactions). The registration will be to authenticate that the Customer ordering the Cyclic Payment is the legitimate holder of the Card to be debited. Prior to registering the Card on the Transaction website, the Customer is required to give its consent to be charged regularly by initiating the Cyclic Payment service. The consent is stored in the Operator's service.
5.      The Customer creates a Subscription by selecting this form of purchase in the Electronic Order Form. A confirmation of the creation of the Subscription is sent immediately to the Buyer's e-mail address indicated when the first Subscription Order is made.
6.      The Customer shall manage the Subscription via the Account according to the options available.
7.      The Subscription is for an indefinite period.
8.      The Seller sends an e-mail message to the Customer about the creation of a Subscription Order with its subject, quantity, price, completion date and the date of the scheduled withdrawal of funds from the Card - no later than 3 days before the withdrawal of funds from the Card.
9.      The Customer may terminate the Subscription at any time. Termination of the Subscription by the Customer is tantamount to withdrawal of consent for subsequent charges under Recurring Payments. In this situation, another Subscription Order will not be created.
10. a). The termination of the Subscription shall be effected by the Buyer selecting the option "Terminate Subscription" in the settings for the relevant Subscription, which are available when the Customer logs in from his Account.
11. b). The Buyer may also terminate the Subscription by emailing the shop staff shop@agbo.com.pl.
12. The Seller may decide to discontinue offering Subscriptions.
13. Changes to the Subscription, including changes to the price of the Subscription, are made only with the prior clear consent of the Customer.
14. If an attempt to charge the Card fails, the Customer will be informed by e-mail that the payment cannot be collected. Possible reasons for not being able to charge the payment are: lack of funds on the Card, expiration of the Card or technical problems.
15. Failure to withdraw funds from the Card will result in cancellation of the Subscription Order.
16. The subscription order will be fulfilled only after the successful withdrawal of funds from the Card.
§ 12 Final provisions
1.      These Terms of Use are effective as of 2025.04.03.
2.      In the event that any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and are binding on the Seller and the Customer.
3.      The Seller reserves the right to amend these Terms and Conditions. Any agreements concluded before the date of entry into force of the new regulations shall be implemented on the basis of the regulations that were in force on the date of conclusion of the agreement.
4.      The law applicable to the settlement of any disputes related to the Terms and Conditions shall be the Polish law. These disputes will be settled by the locally competent common court. The Customer who is a Consumer may also make use of out-of-court ways of handling complaints and pursuing claims. All information on out-of-court ways of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are of a voluntary nature and both parties must agree to them.