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Terms and conditions

Terms and Conditions of the GrillBastards online shopsetting out, amongst other things, the rules governing the conclusion of sales contracts via the Shop, and containing key information about the Seller, the Shop and the Consumer’s rights.

The provisions concerning a Privileged Entrepreneur apply to contracts concluded from 1 January 2021.

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contacting the Seller

§ 3 Technical requirements

§ 4 Purchases in the Shop

§ 5 Payments § 6 Order fulfilment

§ 7 Right to withdraw from the contract

§ 8 Exceptions to the right to withdraw from the contract

§ 9 Complaints

§ 10 Personal Data

§ 11 Final provisions

Appendix 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays.

Consumer – a consumer within the meaning of the Civil Code.

Account – a free feature of the Shop (a service provided electronically), governed by separate terms and conditions, which enables the Buyer to set up their own individual account in the Shop.

Buyer – any entity making a purchase in the Shop.

Privileged Buyer – a Consumer or a Privileged Entrepreneur.

Privileged Entrepreneur – a natural person entering into a contract with the Seller that is directly related to their business activity but is not of a professional nature (this definition applies to contracts concluded from 1 January 2021).

Terms and Conditions – these Terms and Conditions.

Shop – the GrillBastards online shop operated by the Seller at www.grillbastards.pl. Seller – Kacper Leon Czechowski-Salzman, a trader conducting business under the name SALZMAN MUSIC KACPER CZECHOWSKI-SALZMAN, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP: 1230527912, REGON: 142168666, ul. Wiejska 54C, 05-509 Józefosław.

§ 2 CONTACTING THE SELLER

Postal address: ul. Wiejska 54C, 05-509 Józefosław Email address: grillbastards@gmail.com (mailto:grillbastards@gmail.com) Telephone: 501 142 085

§ 3 TECHNICAL REQUIREMENTS

For the Shop to function correctly, the following is required: a device with internet access, a web browser that supports JavaScript and cookies. To place an order in the Shop, in addition to the requirements set out above, an active email account is required.

§ 4 PURCHASES IN THE SHOP

The prices of goods displayed in the Shop are the total prices for the goods. The total price of the order comprises the price of the goods and, where applicable, the delivery costs. The goods selected for purchase must be added to the shopping basket. The Buyer then selects the delivery method and the payment method, and provides the details necessary to fulfil the order. The order is placed once the Buyer has confirmed its details and accepted the Terms and Conditions. Placing an order constitutes the conclusion of a contract of sale between the Buyer and the Seller. The Seller shall provide the Buyer with confirmation of the conclusion of the contract of sale on a durable medium no later than upon delivery of the goods. The Buyer may register with the Shop (create an Account) or make purchases without registering by providing their details with each order.

§ 5 PAYMENTS

Depending on the Buyer’s choice, payment for a placed order may be made: by standard bank transfer to the Seller’s bank account; by payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro; via a payment platform: Shoper Payments, eCard, Dotpay, PayPal, PayU, Przelewy24, Tpay.com. If payment via the Shoper Payments platform is selected, the entity providing the online payment service is Blue Media S.A. If the Buyer chooses to pay in advance, the order must be paid for within 2 working days of placing the order. For certain payment methods, due to their specific nature, payment is only possible immediately after the order has been placed. By making purchases in the Shop, the Buyer accepts the Seller’s use of electronic invoices. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILMENT

The Seller is obliged to deliver goods free from defects. The order fulfilment time is specified in the Shop. If the Buyer has chosen to pay for the order in advance, the Seller will proceed with order fulfilment once payment has been received. Where, within a single order, the Buyer has purchased goods with different delivery times, the order will be fulfilled within the timeframe applicable to the goods with the longest delivery time. Goods are delivered exclusively within the territory of the Republic of Poland. Goods purchased in the Shop are delivered depending on the delivery method chosen by the Buyer: to InPost parcel lockers, electronically – in the case of digital content.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

A Privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason. The period for withdrawing from the contract expires 14 days after the date: on which the Privileged Buyer took possession of the goods or on which a third party other than the carrier and designated by the Privileged Buyer took possession of those goods; on which the Privileged Buyer took possession of the last of the items, or on which a third party other than the carrier and designated by the Privileged Buyer took possession of the last of the items, in the case of a contract obliging the transfer of ownership of multiple items which are delivered separately; of the conclusion of the contract – in the case of a contract for the supply of digital content. In order to exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the contact details provided in § 2, of their decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or an email). The Privileged Buyer may use the model withdrawal form provided at the end of the Terms and Conditions, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the notification before the expiry of the 14-day period.

EFFECTS OF WITHDRAWAL

In the event of withdrawal from the contract, the Seller shall refund to the Privileged Buyer all payments received from them, including the costs of delivery (with the exception of any additional costs arising from the Privileged Buyer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller), without undue delay and in any event no later than 14 days from the date on which the Seller was informed of the decision to withdraw. The Seller shall refund the payment using the same payment methods as those used by the Privileged Buyer in the original transaction, unless the Privileged Buyer has expressly agreed otherwise; in any event, the Privileged Buyer shall not incur any fees as a result of the refund. The Seller may withhold the refund until the goods have been received or until proof of their return has been provided, whichever occurs first. The Privileged Buyer shall return the goods to the following address: ul. Wiejska 54C, 05-509 Józefosław, without undue delay and in any event no later than 14 days from the day on which they informed the Seller of the withdrawal. The deadline is met if the goods are sent back before the expiry of the 14-day period. The Privileged Buyer shall bear the direct costs of returning the goods. The Privileged Buyer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning. If, due to their nature, the goods cannot be returned by ordinary post, the Privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be indicated by the Seller in the product description or when placing the order. Should it be necessary to refund an amount paid by payment card, the Seller shall refund the amount to the bank account linked to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

The right to withdraw from a distance contract referred to in § 7 shall not apply to contracts: where the subject matter is a non-prefabricated item manufactured according to the Privileged Buyer’s specifications or serving to satisfy their individual needs; where the subject matter is an item liable to deteriorate rapidly or having a short shelf life; where the subject matter is an item delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery; where the subject matter consists of goods which, by their nature, are inseparably mixed with other items after delivery; where the subject matter consists of audio or video recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery; for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; where the price or remuneration depends on fluctuations in the financial market which are beyond the Seller’s control and which may occur before the end of the withdrawal period; for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Privileged Buyer’s prior express consent and with the acknowledgement that they thereby lose their right of withdrawal.

§ 9 COMPLAINTS

In the event of a defect in the goods, the Consumer may lodge a complaint under the statutory warranty or under a guarantee (if granted). Under the statutory warranty the Consumer may, in accordance with the Civil Code: request a price reduction, in the case of a significant defect – withdraw from the contract, demand replacement of the goods with goods free from defects, demand that the defect be remedied. Complaints under the warranty should be submitted to the postal or email address specified in § 2. If it is necessary to deliver the defective goods to the Seller in order for the complaint to be considered, the Consumer is obliged to deliver them, at the Seller’s expense, to: ul. Wiejska 54C, 05-509 Józefosław. If an additional guarantee has been provided for the goods, information about this guarantee and its terms is available in the product description in the Shop. Complaints regarding the operation of the Shop should be sent to the email address specified in § 2. The Seller will process the complaint within 14 days.

OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

If the complaint procedure does not produce the result expected by the Consumer, the Consumer may, inter alia: use mediation conducted by the relevant Provincial Inspectorate of the Trade Inspection (a list is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595); use the assistance of the relevant permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection (list: https://www.uokik.gov.pl/wazne_adresy.php#faq596); obtain free assistance from the municipal or district Consumer Ombudsman; use the ODR online platform available at: https://ec.europa.eu/consumers/odr.

§ 10 PERSONAL DATA

The Seller is the controller of the personal data provided by the Buyer in connection with the use of the Shop. Detailed information on the processing of personal data – including other purposes and legal bases for processing as well as recipients of the data – can be found in the Privacy Policy available in the Shop, in accordance with the transparency principle under the GDPR. The purpose of processing the Buyer’s data provided in connection with purchases is the performance of orders. The legal bases for processing are: performance of a contract or steps taken at the Buyer’s request prior to entering into a contract (Article 6(1)(b) GDPR), a legal obligation incumbent on the Seller relating to accounting (Article 6(1)(c) GDPR), the Seller’s legitimate interest in establishing, exercising or defending potential claims (Article 6(1)(f) GDPR). Provision of data is voluntary but necessary for the conclusion of the contract. Failure to provide the data will prevent the conclusion of a contract. The data will be processed until: the contract ceases to be in force, the Seller is no longer subject to a legal obligation requiring processing of the data, the possibility of pursuing claims relating to the contract ceases, an objection to processing based on legitimate interest is accepted – whichever occurs last. The Buyer has the right to request access to their data, rectification, erasure, restriction of processing, data portability, and the right to object at any time to processing based on Article 6(1)(f) GDPR. To exercise these rights the Buyer should contact the Seller using the details in § 2. If the Buyer considers that their data is being processed unlawfully, they may lodge a complaint with the President of the Personal Data Protection Office.

§ 11 FINAL PROVISIONS

The Buyer is prohibited from providing unlawful content. Each order placed in the Shop constitutes a separate contract of sale and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and for the purpose of fulfilling the order. Contracts concluded on the basis of these Terms and Conditions are drawn up in Polish. In the event of any dispute with a Buyer who is not a Privileged Buyer, the competent court shall be the court having jurisdiction over the Seller’s registered office. Any liability of the Seller towards a Buyer who is not a Privileged Buyer is excluded to the extent permitted by law. The provisions concerning goods and the contract of sale shall apply mutatis mutandis to digital content and contracts for the supply of digital content, unless the Terms and Conditions specify these matters separately.Appendix 1 to the Terms and Conditions

MODEL WITHDRAWAL FORM (this form should be completed and returned only if you wish to withdraw from the contract)SALZMAN MUSIC KACPER CZECHOWSKI-SALZMAN ul. Wiejska 54C, 05-509 Józefosław email: grillbastards@gmail.comI/We() .............................................................. hereby give notice that I/we() withdraw from the contract of sale of the following goods() / for the provision of the following service() / for the supply of digital content in the form of(*):...............................................................................................................................................Date of conclusion of the contract() / date of receipt(): ..............................................................Name and surname of the Consumer(s) / Privileged Entrepreneur(s): ..............................................Address of the Consumer(s) / Privileged Entrepreneur(s): ..............................................................Signature of the Consumer(s) / Privileged Entrepreneur(s) (only if this form is notified on paper)Date ..............................(*) Delete as appropriate.