General Provisions

The online store operates at: www.amberbybaco.pl and is run by FPH BACO Grzegorz Dejcz, with its registered office in Gdańsk, at ul. Kadetów 7/18, NIP: 5841012056, REGON: 192503930.

These Terms and Conditions set out the rules for using the store, placing orders, concluding sales agreements, as well as the rights and obligations of the Customer and the Seller.

To use the store, a device with Internet access, a web browser, and an active e-mail account are required.

The owner and administrator of the Amber by Baco online store operating at www.amberbybaco.pl is: FIRMA PRODUKCYJNO-HANDLOWA BACO GRZEGORZ DEJCZ.


The online store can be contacted from Monday to Friday, from 10:00 a.m. to 4:00 p.m., at the following e-mail address: amberbybaco@gmail.com.

These Terms and Conditions specify in particular the rules governing Customers’ use of the Amber by Baco online store, including: the method of placing and processing orders, the methods and delivery times of products, withdrawal from the agreement, as well as the complaint procedure.

II. Definitions

Seller – FPH BACO Grzegorz Dejcz.

Store – the online store available at: www.amberbybaco.pl.

Customer – a natural person, legal person, or organizational entity placing an order in the Store.

Consumer – a Customer who is a natural person making a purchase not directly related to their business or professional activity.

Goods – a product offered in the Store.

Order – a declaration of intent by the Customer aimed at concluding a sales agreement.

Administrator, hereinafter also referred to as the Service Provider or the Seller – the entity providing sales services exclusively through the Online Store under the terms set out in these Terms and Conditions, namely:
FIRMA PRODUKCYJNO-HANDLOWA BACO GRZEGORZ DEJCZ

Registered address: ul. Kadetów 7, 80-298 Gdańsk
NIP: 5841012056
REGON: 192503930;

Website – the electronic address www.amberbybaco.pl, under which the Online Store operates;

Product or Goods – an item that can be ordered in the Online Store;

Customer – an adult natural person with full legal capacity, a legal person, or an organizational entity without legal personality but granted legal capacity by law, purchasing products through the online store available at amberbybaco.pl;

Consumer – a Customer who is a natural person using the Online Store for purposes not directly related to their business or professional activity;

User – a Customer who has created an account in the online store;

Account – access to the Online Store resources made available free of charge to the User by the Administrator, in which the data voluntarily provided by the User and information about their activity within the service are stored. The Account is maintained by the Administrator for the User under the login indicated by the User;

Login – the Customer’s identifier in the Online Store – the e-mail address or other identifier provided by the User during Registration that enables their identification in the online store;

Password – a unique string of characters (numbers and/or special characters, lowercase/uppercase letters without Polish characters) chosen by the Customer during registration, with the possibility of modification in the Account settings, used for logging into the online store in order to confirm the Customer’s identity;

Registration – the process of creating a User account in the online store www.amberbybaco.pl;

Newsletter – electronic information issued by the owner of the online store, containing, among other things, information about the store’s offer and promotions, sent to the e-mail addresses of registered Users, provided that they have consented to receive such information;

Cart – an element of the online store through which the Customer specifies the details of the order, in particular such as: the quantity and size of products, delivery address, invoice details, delivery method, and payment selection;

Order – an offer to conclude a sales agreement submitted by the Customer through the online store;

Sales Agreement – an agreement for the sale of product(s), within the meaning of the Civil Code, concluded between the owner of the online store and the Customer through the online store;

ICT System – a set of cooperating IT devices and software ensuring the processing, storage, sending, and receiving of data through telecommunications networks by means of a terminal device appropriate for a given type of network;

Act – the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended; consolidated text: Journal of Laws 2019, item 134);

III. Conclusion of the Agreement for the Provision of Electronic Services

The Seller declares that it is a distributor of the products offered for sale through the online store and that it possesses all required consents and authorizations from the manufacturers of the brands sold, on the basis of which it conducts sales. The Seller further declares that it conducts sales exclusively by mail order through the website.

The Seller conducts sales both within the territory of the Republic of Poland and internationally.

Through the online store available at: www.amberbybaco.pl, the Seller provides the following electronic services:
a) Enabling the placement of orders through the appropriate form and the conclusion of a sales agreement,
b) Newsletter.

A condition for placing an Order in the Online Store is that the Customer has read these Terms and Conditions and accepted their provisions during the ordering process.

Information about Products presented on the Online Store website does not constitute an offer within the meaning of the Civil Code; it constitutes an invitation to enter into a sales agreement. No later than at the moment when the Consumer expresses the intention to be bound by a distance contract or an off-premises contract, the Consumer shall be provided, in a clear and comprehensible manner, with the information specified in Article 12 of the Consumer Rights Act.

All products offered in the Online Store are brand new, originally packaged, free from physical and legal defects, and have been legally placed on the Polish market.

Submitting an Order constitutes an offer within the meaning of the Civil Code made by the Customer to the Seller.

The Customer may place Orders 24 hours a day through the Online Store website.

The Customer may purchase Products without registration. When placing an Order, the Customer specifies in the shopping cart the delivery method, payment method, and other information necessary for order fulfillment, such as:
a) first and last name,
b) e-mail address,
c) contact telephone number,
d) residential address and delivery address,
e) information necessary for issuing a VAT invoice, if the Customer requests such an invoice.

The agreement for the provision of an electronic service consisting of enabling the Customer to place an Order through the appropriate form is concluded for a fixed term and terminates upon submission of the Order or upon the Customer abandoning the ordering process.

When selecting a Product, the Customer specifies the Product being ordered together with its size and color (if the Product is available in different colors or sizes).

The ordering procedure is completed when the Customer clicks the "Buy and Pay" button.

Immediately upon receipt of the Order, the Administrator sends an Order confirmation to the e-mail address provided by the Customer.

Upon receipt of the Order confirmation from the Administrator at the e-mail address provided by the Customer, a sales agreement for the Product(s) covered by the Order is concluded between the Customer and the Administrator.

Ordering Product(s) is possible only after the Customer has accepted these Terms and Conditions. Upon acceptance, the Customer is bound by their provisions.

The Online Store reserves the right to temporary unavailability of Products in the color, size, quantity, or other variant ordered by the Customer. Information regarding the temporary unavailability of a Product will be provided on the Online Store website.

The Seller reserves the right that photographs of Products displayed on the Online Store website are for illustrative purposes only and may not fully reflect the actual appearance of the Products or show all details thereof.

Order processing begins on business days after 5:00 p.m. Orders placed on Saturdays, Sundays, and public holidays will begin processing on the next business day.

If the Administrator is unable to fulfill an Order due to the unavailability of the ordered Products, the Customer shall be notified without undue delay, and no later than within 30 days from the date of conclusion of the agreement. If payment has already been received, the Seller shall refund the full amount paid by the Customer.

As part of the technical requirements necessary for cooperation with the ICT system used by the Service Provider for processing purchases, the Customer should have an active e-mail account and a device connected to the Internet that meets the following minimum technical requirements:
a) at least one installed web browser: Internet Explorer, Google Chrome, Mozilla Firefox, or Safari,
b) a screen with a minimum resolution of 1024 × 768 pixels.

The Customer is obliged to use the Online Store in a manner consistent with applicable law and accepted standards of conduct.

The Customer is prohibited from providing content that is unlawful, including, but not limited to, content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties.

IV. Withdrawal from the Agreement

A Consumer who has concluded a distance contract has the right to withdraw from the Agreement without giving any reason and without incurring any additional costs by submitting an appropriate written declaration within 14 days. This period is non-extendable and is calculated from the day on which the Consumer, or a third party indicated by the Consumer other than the carrier, takes possession of the goods. If the agreement covers multiple items delivered separately, in parts or in installments, the period is calculated from the date of taking possession of the last item, part, or installment. In the case of agreements concerning the regular delivery of goods for a specified period, the period is calculated from the date of taking possession of the first item. In the case of other agreements, the withdrawal period begins on the date of conclusion of the agreement. To meet the deadline, it is sufficient to send the declaration (document: Withdrawal Form) before the expiry of the period to the Service Provider's address. Together with the returned goods, the Consumer should provide proof of purchase for accounting purposes.

In the event of withdrawal from a distance contract, the Agreement shall be deemed not to have been concluded. Any performances provided by the parties shall be returned unchanged, unless a change was necessary within the limits of ordinary management and use of the goods.

The Seller is obliged to refund the Consumer all payments made by the Consumer, including the costs of delivery of the goods, without undue delay and no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement.

The Seller shall make the refund using the same method of payment that was used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.

The purchased Product should be returned to the Seller's address.

The Consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to receive them without undue delay, and in any event no later than 14 days from the date on which the Consumer withdrew from the Agreement, unless the Seller has offered to collect the goods personally. The deadline is met if the goods are sent back before the expiry of the 14-day period.

If the Seller has not offered to collect the goods from the Consumer personally, the Seller may withhold the refund of payments received from the Consumer until the goods have been returned or until the Consumer provides proof of having sent the goods back, whichever occurs first.

The Seller informs Consumers that the right of withdrawal does not apply to agreements specified in Article 38 of the Consumer Rights Act.

V. Prices and Payment Methods

The prices displayed on the Online Store website for the offered Products include VAT and are stated in Polish zloty (PLN). Prices do not include shipping costs.

Information regarding the total value of the Order, including shipping costs, is provided to the Customer on the website after the Customer selects the payment method and delivery method for the Order.

The Customer may choose from the following payment methods:
a) online payment via, for example, Przelewy24, for the full value of the Order calculated at checkout, prior to delivery of the ordered Product;

The Customer shall bear the delivery (shipping) costs specified in the shipping price list.

The Customer purchases the Product and orders the delivery service (if applicable) according to the prices and delivery charges in effect at the time the Order is placed.

The Administrator reserves the right to change Product prices and delivery charges, particularly in the event of changes to the price lists of delivery service providers. This provision does not apply to Orders already being processed or to Orders for which an Order confirmation has already been sent to the Customer.

VI. Delivery of Ordered Products

The Product shall be shipped to the address indicated in the Order form or provided by telephone or e-mail. The Service Provider shall promptly inform the Customer of any incorrectly completed Order form that prevents shipment or may cause a delay in delivery.

A receipt is issued for every Order.

The ordered Product is delivered via postal services or courier companies. Delivery of ordered Products is available within the territory of the Republic of Poland as well as internationally.

Ordered Products are delivered within up to 10 days from the date the Online Store receives the Order. In the event of a high volume of Orders, this period may be extended (the extension of the delivery period may not exceed 30 days from the day following the date on which the Customer placed the Order).

If the Order is placed by a Consumer, the Product shall be delivered no later than 30 days from the date of conclusion of the Agreement, unless the Parties agree otherwise.

It is recommended that the Customer, who is also a Consumer within the meaning of Article 221 of the Civil Code, inspect the condition of the Product upon delivery and, if possible, in the presence of the representative of the delivery service provider (courier, postal operator, etc.), prepare an appropriate damage report. Inspecting the shipment will facilitate and accelerate any potential claims against the entity responsible in the event of mechanical damage to the shipment occurring during transport. In such cases, the Customer is advised to contact the Seller as soon as possible.

A Customer who is not a Consumer within the meaning of Article 221 of the Civil Code is obliged to inspect the condition of the Product upon delivery and in the presence of the representative of the delivery service provider (courier, postal operator, etc.). If mechanical damage to the shipment occurring during transport is discovered, the Customer should prepare a damage report and immediately contact the Seller.

VII. Guarantees and Complaint Procedure

In the event of a lack of conformity of the goods with the agreement, the Consumer is entitled to the rights specified in Chapter 5a of the Consumer Rights Act. For agreements obliging the transfer of ownership of goods to the Consumer, including in particular sales agreements, delivery agreements, and contracts for work resulting in goods, the provisions of Book Three, Title XI, Division II of the Civil Code shall not apply.

If the goods are not in conformity with the agreement, the Consumer may request their repair or replacement.

The Seller may replace the goods when the Consumer requests a repair, or the Seller may repair the goods when the Consumer requests a replacement, if bringing the goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the agreement. When assessing whether the costs are excessive, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity, the value of goods that conform to the agreement, and the excessive inconvenience to the Consumer resulting from a change in the method of bringing the goods into conformity with the agreement.

The Seller shall carry out the repair or replacement within a reasonable time from the moment the Consumer informs the Seller of the lack of conformity and without causing excessive inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular postal charges, transportation costs, labor, and materials, shall be borne by the Seller.

The Consumer shall make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the Consumer at the Seller's expense.If the goods are not in conformity with the agreement, the Consumer may submit a declaration requesting a price reduction or withdrawal from the agreement if:

a) the Seller has refused to bring the goods into conformity with the agreement,
b) the Seller has failed to bring the goods into conformity with the agreement,
c) the lack of conformity of the goods with the agreement persists despite the Seller's attempt to bring the goods into conformity with the agreement,
d) the lack of conformity of the goods with the agreement is sufficiently significant to justify a price reduction or withdrawal from the agreement without first resorting to repair or replacement remedies,
e) it is clear from the Seller's statement or the circumstances that the Seller will not bring the goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the Consumer.

The reduced price must remain in the same proportion to the contract price as the value of the non-conforming goods bears to the value of conforming goods.

The Seller shall refund to the Consumer the amounts due as a result of exercising the right to a price reduction without undue delay and no later than within 14 days from the date of receipt of the Consumer's declaration requesting the price reduction.

The Consumer may not withdraw from the agreement if the lack of conformity of the goods with the agreement is insignificant. It shall be presumed that the lack of conformity of the goods with the agreement is significant.

If the lack of conformity with the agreement concerns only some of the goods delivered under the agreement, the Consumer may withdraw from the agreement only in respect of those goods, as well as in respect of other goods purchased by the Consumer together with the non-conforming goods, if it cannot be reasonably expected that the Consumer would agree to keep only the conforming goods.

In the event of withdrawal from the agreement, the Consumer shall immediately return the goods to the Seller at the Seller's expense. The Seller shall refund the price to the consumer without undue delay, and no later than within 14 days from the date of receipt of the goods or proof of their return.

The Seller shall refund the price using the same method of payment used by the consumer, unless the Consumer has explicitly agreed to a different return method that does not involve any costs for the Consumer.

Products additionally carry a manufacturer's, importer's, or seller's warranty valid within Poland. The warranty period for each product is indicated in its description on the store's pages. Detailed terms for the implementation of the warranty are specified in the warranty document issued by the guarantor. Most products have warranties handled directly by the manufacturers. The Customer may also pursue a complaint procedure under warranty through the Seller.

The Customer may file complaints related to the provision of electronic services via the Amber by Baco online store regarding the creation and maintenance of an account and the ability to place orders through the order form, as well as the quality of Products, by sending an e-mail to: amberbybaco@gmail.com

The Administrator shall respond to the complaint using the e-mail address provided by the Customer or in another manner agreed upon by the parties.

The Seller is obliged to respond to a complaint submitted by a Customer, including a Customer who is a Consumer, within 14 days from the date of its receipt.

If the Seller fails to respond to the complaint within the period referred to above, the complaint shall be deemed accepted.

The Seller shall provide the Consumer with a response to the complaint on paper or another durable medium.

Complaints regarding the quantity or quality of received Products are accepted within no longer than one month from the discovery of the defect, but no later than within 2 years from the date the Product was delivered to the Customer. The complaint should contain as much detail as possible, including the invoice number, shipment tracking or consignment note number, circumstances of the damage, etc.

If the complaint is resolved in favor of the Customer, the Administrator shall bring the Product into conformity with the agreement, in accordance with the Customer's request, by repairing the Product or replacing it with a new one. If repair or replacement of the Product is impossible or would involve excessive costs, the Customer shall have the right to request a price reduction or withdraw from the agreement.

For agreements concluded with Customers who are not Consumers within the meaning of Article 22¹ of the Civil Code, pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty for defects is excluded.

The Customer may submit a complaint regarding a Product that has defects within the meaning of generally applicable laws:

a) by exercising the rights arising from the granted warranty – in such circumstances, the Customer may submit a complaint to the Administrator, who acts solely as an intermediary forwarding the complaint to the manufacturer;

b) by exercising the rights available to a Customer who is also a Consumer within the meaning of Article 22¹ of the Civil Code against the Administrator in connection with the Product's lack of conformity with the agreement.

If the ordered Product is to be shipped by the Service Provider to a Customer who is a Consumer, the risk of accidental loss of or damage to the Product passes to the Consumer upon delivery of the Product to the Consumer. Delivery of the Product shall be deemed to occur when the Service Provider entrusts it to the carrier, provided that the Service Provider had no influence over the Consumer's choice of carrier.

VIII. Online Store Newsletter

The Newsletter is sent exclusively to Customers who have consented to receive it by providing their e-mail address for this purpose.

The Newsletter service consists of periodically sending advertising and promotional messages to the Customer at the e-mail address provided by the Customer.

By subscribing to the Newsletter, the Customer agrees to receive correspondence from the Online Store by electronic means and simultaneously consents to the processing of personal data to the extent necessary for this purpose.

The Customer may unsubscribe from the Newsletter at any time by contacting the Administrator. The Customer will be promptly notified by return e-mail that their e-mail address has been removed from the Newsletter subscriber list.

IX. Personal Data

Amber by Baco, operating under the business name FIRMA PRODUKCYJNO-HANDLOWA BACO GRZEGORZ DEJCZ, NIP: 5841012056, REGON: 192503930, ul. Kadetów 7, 80-298 Gdańsk, is the Controller of Customers' personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).

For the purpose of performing the agreement with the Customer, pursuant to Article 6(1)(b) of the GDPR, the Controller collects the following personal data: first name and surname; street; house number; apartment number; postal code; city; country; contact telephone number; e-mail address; company name; VAT identification number (NIP). In addition to the information provided below, the detailed information obligation referred to in Article 13 of the GDPR towards Customers providing their personal data is fulfilled by the Controller when the Customer enters the Controller's website.

During registration in the Online Store, the Customer may consent to the processing of personal data by the Controller for the purpose of sending marketing information. Consent to the processing of data for this purpose is voluntary.

Recipients of Customers' personal data shall be entities providing services to the Controller under data processing agreements, in particular couriers delivering shipments to Customers.

Customers' personal data will not be transferred to a third country or an international organization.

Customers' personal data are stored by the Controller until the agreement has been performed and for accounting purposes in accordance with applicable laws, as well as until the Customer deletes their account on the Controller's website.

The Customer has the right to access their personal data, request rectification, deletion, or restriction of processing of such data, as well as the right to data portability.

The Customer has the right to lodge a complaint with a supervisory authority if they believe that the processing of personal data violates applicable regulations.

Customers' data are processed in an automated manner; however, they are not subject to profiling.

To exercise their rights regarding personal data, the Customer should contact the Controller via e-mail at: amberbybaco@gmail.com.

X. Final Provisions

Users may contact the Seller in the following ways:
a) by e-mail at: amberbybaco@gmail.com,
b) in writing at: ul. Kadetów 7/18, 80-298 Gdańsk.

Customers may access these Terms and Conditions at any time via the link available on the homepage of the Online Store: www.amberbybaco.pl. The Terms and Conditions may be recorded, obtained, and reproduced by printing them or saving them on an appropriate data storage medium.

The name of the Online Store Amber by Baco, the website address at which it is available: www.amberbybaco.pl, and all materials contained therein are subject to copyright protection and legal protection. Their use or distribution without the consent of the Store owner is prohibited.

These Terms and Conditions shall enter into force on the date of their publication on the Online Store website.

The Administrator reserves the right to amend these Terms and Conditions for important reasons, including in particular: changes to payment methods and delivery methods, changes to the scope, fees, or form of services provided, or changes to the Administrator's details, to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.

Customers who have an account in the Store will be informed of any changes to the Terms and Conditions by e-mail correspondence.

If the Terms and Conditions have been amended since the Customer's last login, the Customer shall either accept or reject the amended provisions. If the Customer does not accept the Terms and Conditions, particularly after amendments have been introduced, purchases in the Online Store will not be possible.

A Customer who does not accept the changes introduced to the Terms and Conditions has the right to delete their account at any time.

Orders placed while a previous version of the Terms and Conditions was in force shall be processed in accordance with the provisions applicable at the time the Order was placed. If the User does not agree to the introduced changes, they may delete their Account.

In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular: the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), the Consumer Rights Act of 30 May 2014, and the GDPR.

With respect to agreements concluded with Customers who are entrepreneurs and have their registered office outside the territory of the Republic of Poland, matters not regulated by these Terms and Conditions shall be governed exclusively by the applicable laws of the Republic of Poland.

With respect to agreements concluded with Customers who are Consumers whose habitual residence is outside the territory of the Republic of Poland, matters not regulated by these Terms and Conditions shall be governed exclusively by the applicable laws of the Republic of Poland. However, the application of Polish law shall not deprive the Consumer of the protection granted under provisions that cannot be excluded by agreement under the law of the country in which the Consumer has their habitual residence.

Disputes arising from the application of these Terms and Conditions and in connection with the performance of agreements concluded between the Service Provider and Customers shall be resolved by the court having jurisdiction in accordance with the provisions on subject-matter and territorial jurisdiction under the Polish Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).

The Seller does not undertake, under these Terms and Conditions, to use out-of-court dispute resolution procedures referred to in the Act of 23 September 2016 on the Out-of-Court Resolution of Consumer Disputes.