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Terms & Conditions

§ 1 Definitions.

The Regulations specify the general conditions, rules and method of sale of T-WIN limited liability company z / s in Warsaw via the online store borgio.pl and specify the terms and conditions for the provision of T-WIN limited liability company z / sw Warsaw for free electronic services.

The terms used in the Regulations mean:

  1. BOK - telephone Customer Service Office, with the help of which the Customer is entitled to obtain information about the Store, Regulations, Goods, Promotion;
  2. Price - the amount of gross remuneration (including VAT) due to the Seller in respect of the Sale of Goods given in PLN or in another currency;
  3. Password - a string of characters (letter, digital or special characters) set by the Customer during Registration in the Store, used to secure access to the Account in the Store;
  4. Customer - a natural person who are at least 13 years of age, but if this person is not 18 years of age, the consent of their legal representative is required, as well as a legal person and an organizational unit which is not a legal person, the special provisions of which grant legal capacity, and which makes or intends to place an Order or uses other Store services (including a Consumer);
  5. Consumer - a natural person with full legal capacity making purchases for through the borgio.pl online store for a purpose not related directly to its business or professional activity;
  6. Account- space provided to the Customer as part of the Store in accordance with the Service Agreement, allowing use by Customer with additional functionalities / services. Access to the account is marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller's system, in which the data provided by the Customer and information about Orders placed in the Online Store are collected. The Customer may have an Account after registering in the Store;
  7. Shopping Cart - a service made available to Customers and Store users who use the borgio.pl website, consisting of enabling them to buy Goods or Goods, entering discount codes, displaying a summary of purchases, displaying the expected delivery dates, displaying delivery costs, as well as remembering the status of the Basket;
  8. Login - the Customer's email address provided when creating the Account in the Store. Creating and changing the login each time requires confirmation of the Customer's email address, which follows by clicking by the Customer on the activation link sent by the Seller to the email address provided by the Customer;
  9. Promotion - special conditions of sale, regulated in separate regulations, regarding the Store's special offer in force at a given time, which the Customer may use on the terms set out therein. In the event of a conflict between the provisions of the Promotion regulations and the provisions of the Regulations, the provisions of the Promotion regulations shall prevail;
  10. Regulations - the said regulations, which also constitute the Service Agreement. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (OJ 2017.1219, i.e. from 2017.06.24);
  11. Booking - a service available to registered customers, which consists in making a temporary reservation for a given Customer of Goods / Goods at a specific stationary point of sale, without concluding a Sales Agreement;
  12. Clipboard - a service available to every customer, which consists in remembering selected Goods / Goods added to the clipboard also after the browser session for a period not longer than the period of availability of the Goods in the Store;
  13. Store - a platform for the sale of Goods and the provision of services offered by the Seller, by the Seller, available via the address Seller - T-WIN limited liability company z / s in Warsaw (00-102) at ul. Marszałkowska 111 with tax identification number NIP: 1251670945 and REGON: 369677484, whose registration files under the KRS number: 722886 are kept by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Department - National Court Register, with a share capital of PLN 1,000,000.00;
  14. Goods - a product presented by the Seller via the Store, which may be the subject of a Sales Agreement. Goods may be standard or prepared to the Customer's order, depending on the current range presented within the Store. Goods offered through the Store are brand new;
  15. Content - posted in the Store by the Seller, Customers, contractors of the Seller or other persons using Text, graphic or multimedia elements from the Store (also works within the meaning of the Copyright and Related Rights Act and images of natural persons);
  16. Sales Agreement - Product sales agreement concluded or concluded between the Customer and the Seller via the online store. This agreement sets out, in particular, the Good, its features, Price, shipping cost and other relevant conditions;
  17. Technical Requirements - technical requirements that must be met to use the Store, conclusion of the Agreement for the provision of Services or conclusion of the Sales Agreement. The customer must have a computer or other devices connected to the Internet, equipped with one of the following web browsers (in the indicated or newer versions): Microsoft Internet Explorer 10.0, Firefox 43.0, Google Chrome 48.0, Safari 5.0, Opera 36.0, Microsoft Edge 13.0 that supports Java Script and for saving cookies. To make purchases in the Store, the Customer must have an email address;
  18. Order - Customer's declaration of intent submitted via the Order form and aimed directly at the conclusion of the Product Sales Agreement with the Seller. The order form is available on the store's website. The order sent by the Customer is his statement expressing the will to conclude a Distance Sales Agreement with the Seller.

§ 2. Rules for using the Store.

  1. The condition for placing an Order in the Store is that the Customer has read the Regulations and accepts its provisions.
  2. Using the Store requires that the device and systems used by the Customer meet the Technical Requirements.
  3. Using the Store, as well as establishing a telephone connection with BOK may be associated with the necessity of the Customer having to pay the costs of connecting to the Internet or the cost of a telephone connection. These fees are not charged by the Seller, but by the telecommunications service provider.
  4. The full content of the Store is the property of the limited liability company T-WIN limited liability company in Warsaw (00-102) and is subject to legal protection. All photos posted in the Store may be used for commercial purposes by third parties only with the written consent of the Seller.
  5. The Seller may entrust the performance of individual obligations of the Seller or ongoing support to subcontractors without having to inform Customers. The Seller declares that the above does not affect the scope and quality of services provided by the Seller.
  6. Each time the Seller is a party to the Service Agreement.

§ 3. Service Agreement.

  1. The Seller provides the services described in this § under the conditions and to the extent described in the Regulations.
  2. The Service Agreement is concluded by creating an Account, which is done by completing, accepting by the Customer and sending The seller of the registration form.
  3. The Service Agreement is concluded for an indefinite period.
  4. A customer who has not registered an Account and is using the Store should comply with the provisions of the Regulations to the extent they actually use the services provided by the Seller.
  5. By using the Store platform, the Seller allows Customers to create an Account, place Orders, as well as conclude Sales Agreements or use the services of a Basket or a Clipboard.
  6. The Store allows Customers to familiarize themselves with the Content published in it, as well as simplified statistics of interest in individual Goods.
  7. With the use of the Seller Store platform presents Clients with advertising materials tailored to their interests.
  8. In the event that the Customer has created an Account, the Seller - using the Store platform - provides for him services of maintaining sessions, conducting purchase history, enabling opinions or comments, enabling access to the Promotion addressed to registered Customers, enabling the implementation of the Booking, a simplified procedure for returning the Goods using the Account.
  9. The basic obligations of the Customer include in particular:
    1. Providing in the Order and in truthful and current data to the extent required by the form;
    2. Update the above data;
    3. Not to provide within the Store Content prohibited by law, violating decency, personal rights of others or copyrights;
    4. Use the Store in a manner consistent with the law, Regulations and decency,
    5. Benefit and from the Store in a way that does not interfere with the functioning of the Seller, the Store and also not inconvenient to other people;
    6. Payment of the Price on time and other costs set by the Customer and the Seller;
    7. Not taking action to obtain information not intended for the Customer;
    8. Not taking actions involving the placement or distribution of unsolicited commercial information;
    9. Not modifying the Content provided by the Seller,


§ 4. Sales Agreement.

  1. Information provided as part of the Store does not constitute an offer, but constitutes an invitation to conclude a Contract within the meaning of art. 71 of the Civil Code.
  2. The prices given in the Online Store are gross prices expressed in Polish zlotys (including VAT).
  3. The prices given do not include shipping costs.
  4. Orders are accepted through the Store's website.
  5. An order is effective if the Customer correctly completes the order form and correctly provides contact details, including the exact address to which the Goods are to be sent, as well as the telephone number and e-mail address.
  6. A customer who does not have an Account must independently complete the Order form regarding his data necessary for the conclusion and implementation of the Sales Agreement. In any case, providing outdated or false customer data may prevent the performance of the Sales Agreement.
  7. In the event that the provided data is not complete, the Seller will contact the Customer. If contact with the Customer is not possible, the Seller has the right to cancel the Order.
  8. The Customer agrees to the issuing and sending by electronic means to the e-mail address provided by him of an electronic image of billing documents, in particular such as : VAT invoices with attachments, corrective VAT invoices with attachments and forms.
  9. The customer chooses the method of payment of the Price and the remaining costs of the Sale Agreement.
  10. Depending on the chosen method of payment, the Customer may be redirected to the pages of an external payment service provider to pay the Price.
  11. In the event of concluding a Sales Agreement with pickup at a Seller's stationary Salon, the Customer should show the PIN code provided to him to collect the Order.
  12. If you choose the delivery on delivery within one Order, you cannot order more than 20 pieces of Goods together or several orders with a total value exceeding PLN 10,000.00 by the same customer within 31 calendar days. 
  13. The Sales Agreement is concluded when the Customer makes the payment in advance, while in the case of payment on delivery the Agreement is concluded when the Order is placed.
  14. After the Buyer submits an effective Order for via the website, he will receive an automatic response from the store confirming the acceptance of the Order.
  15. The goods are sent to the address indicated on the Order form. The Store will inform the Customer immediately of an incorrectly completed Order form, which prevents or may delay the shipment.
  16. The Sales Agreement is concluded subject to the condition that it terminates if the Customer fails to collect the Goods within 21 days of its delivery conclusion, despite having made at least two attempts to deliver the Good to the Customer during this period. This period may be extended in the case of individual arrangements made by the Customer with the Seller. The Customer and the Seller will set a new date for delivery of the Goods.
  17. In the event of termination of the Sales Agreement in accordance with the above paragraph, the Seller shall refund the Customer the Price and other costs, if they were paid by the Buyer to the Seller. The refund of the Price and other costs takes place in the same manner in which the Seller received the payment.
  18. In the event of unavailability of the Good and therefore inability to deliver it to the Customer, the Seller shall inform the Customer about this and provide the possibility of fulfilling the replacement service. The replacement service will correspond to the quality, purpose and price of the original Order. In the event of not agreeing to receive a substitute service, the Seller is obliged to immediately return the Customer paid the Good and other costs that were incurred by the Customer within 30 days.
  19. Any pre-sale of the Good will be governed by separate regulations .

    § 5. Price.

    1. The price given in the Store binds the Customer and the Seller from the moment the Order is placed.
    2. The price given by the Store at the time of placing the Order will not change, even if after placing the Order the prices in the Store changed.
    3. The prices in the Store are expressed in gross amounts (including VAT).
    4. The prices in the Store are expressed in PLN or in another currency.
    5. Prices include the cost of preparing the Goods for shipment / packaging.
    6. The prices do not include shipping costs. Shipping costs are displayed on the Store's website when placing the Order. The total value of the Order includes the Price and shipping costs.
    7. The Seller may introduce a free shipment, making it dependent on reaching the minimum threshold of a valuable value indicated by the Seller.

    § 6. Promotions.

    1. Promotions in the Store may not be combined, unless the terms of the Promotion clearly state otherwise.

    §7 Booking.

    1. Reservation of Goods for a service consisting in making a temporary reservation of a Good / Goods for a given Customer at a specific stationary point of sale, without concluding a Sales Agreement.
    2. The Reservation Service is available only to registered Customers. 
    3. Reservation Service available only for Goods in the warehouse of a specific stationary point of sale.
    4. The validity of the Reservation is dependent on confirmation by the stationary point of sale.
    5. The customer should report to pick up the Booking during business hours of the stationary point of sale, after receiving the previous information.
    6. The above information is provided by e-mail or sms
    7. The validity period of the Booking is indicated by the Seller.
    8. The sales contract concluded at the stationary point of sale, and preceded by the Booking, is not considered a Sales Contract concluded as part of the Store, in particular it is not refundable or the online complaint procedure.


    § 8. Payment.

    1. Payments for an Order in the Online Store can be made in the following ways:
      1. by traditional transfer - the Order will be processed after the Seller has credited the payment;
      2. via online transfer (via the website Przelewy24) - the Order will be processed after the Seller has credited the payment;
      3. by online transfer (via PayPal) - the Order will be processed after the Seller has credited the payment;
      4. by credit card in the system electronic payments by the Seller - the implementation of the Order will start after the Seller receives confirmation of the correct execution of the payment by the entity making the payment. The security of credit card transactions over the internet is guaranteed and implemented by payment systems:

    I. Przelewy24 - the payment card operator is PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon; 301345068. Accepted cards are: VISA, MasterCard, Diners Club, JCB and PolCard.

    II. Paypal - allows payment for purchased goods using a payment card registered in the system, or from a PayPal account balance. Accepted cards are: Visa, Mastercard and American Express.

    1. payment on delivery - i.e. cash on delivery - execution of the Order takes place after receipt of the Order by the Seller.

    § 9. Order completion date.

    1. The order will be sent after the payment has been credited to the Seller's account or after the Order has been placed, if the Customer has chosen the cash on delivery option.
    2. The selected delivery form as well as the availability of the ordered will affect the date of completing the Order. Goods.
    3. The Seller does not send Goods outside the Republic of Poland. The delivery address must be in Poland.
    4. The duration of the order depends on the chosen method of delivery:
      1. for shipment by Poczta Polska, the average delivery time is 3-6 business days.
      2. < li> the delivery time is 3-5 business days by courier.
    5. The delivery period may be longer in individual cases.
    6. The seller informs on the website Online Store with temporary restrictions on the delivery of the Goods before the conclusion of the Sales Agreement.

    § 10. Customer withdrawal from the Agreement.

    1. The consumer has the right to withdraw from the Sales Agreement within 30 days of receipt of the Goods without giving any reason.
    2. The deadline to withdraw from the Sales Agreement begins from the day on which the Consumer received the Goods or in which a third party indicated by the Consumer other than the carrier came into possession of the Goods. In the case of a Sales Agreement, which includes many items that are delivered separately, in batches or in parts, the deadline to withdraw from the Sales Agreement begins from the day on which the Consumer took possession of the last of the things, the last batch or part, or in which indicated by The consumer a third party other than the carrier came into possession of the last of the last thing or lot.
    3. To exercise the right to withdraw from the Sales Agreement, the Consumer must inform the Seller about his decision to withdraw from the Sale Agreement by explicitly a statement sent by traditional mail in writing to the address of the Seller: T-WIN LIMITED LIABILITY COMPANY z / w Warsaw (00-102) at ul. Marszałkowska 111 or sent by e-mail to the following address: hello@maskka.com
    4. The consumer may use the model withdrawal form (available on the Store's website), but this is not mandatory.
    5. To meet the deadline for submitting a statement of withdrawal from the Sales Agreement. , it is enough for the Consumer to send information regarding the exercise of his right before the expiry of the statutory deadline for withdrawing from the Sales Agreement.
    6. In the event of withdrawal from the Sales Agreement, the Seller shall refund all payments received from the Consumer, including delivery costs (except for additional costs costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), without undue delay, and in any case not later than 14 days from the day on which the Seller was informed by the Consumer about the decision to exercise the right to withdraw from the Agreement . The Seller shall refund the payment using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer expressly agrees to another solution (e.g. return of payment to the indicated bank account, which should be reflected in the Consumer's statement on withdrawal from the Sales Agreement). In any case, the Consumer will not incur any fees in connection with this return.
    7. In the event of withdrawal from the Sales Agreement, the Consumer should return the Goods not later than within 14 days of submitting the statement of withdrawal from the Agreement to the following address: T-WIN LIMITED LIABILITY COMPANY z / w Warsaw (00-102) at ul. Marszałkowska 111.
    8. Returned Goods cannot bear signs of use, they should have all labels and original packaging. The seller requires adequate protection of the parcel so that it does not get damaged or destroyed during transport.
    9. The consumer is responsible for any reduction in the value of the goods resulting from handling them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
    10. The seller may withhold reimbursement of payments received from the consumer until receipt goods back or the Consumer providing proof of sending the goods back, depending on which event occurs first.
    11. The seller does not collect paid parcels "on delivery".
    12. The option of returning the goods does not apply Goods prepared for special order by the Consumer.
    13. According to art. 38 of the Act of 30 April 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the consumer is not entitled to withdraw from a distance contract in relation to, among others to contracts:
      1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
      2. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
        - in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
      3. in which the subject the benefit is the thing delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
      4. in which the subject of the service are things that after delivery, due to their nature, they remain inseparably combined with other things.

    § 11. Complaint procedure / statutory liability for defects in the Good.

    1. The Seller is liable to the Buyer for physical and legal defects of the Goods on the terms described in the provisions governing the warranty in the Civil Code in the version applicable at the time of conclusion of the Contract (Articles 556-5764), subject to the following changes, however.
    2. Any further liability of the Seller is excluded than the obligation to remove the defect, reduce the price accordingly or provide a defective Goods free of defects instead (in particular the Seller is not obliged to cover the benefits lost by the Buyer).
    3. The consumer may file a complaint to the Seller using the form in the Store, in writing or via BOK. Filing a complaint should specify the reasons for the complaint, the Customer's request, Customer data, and Good data allowing for unambiguous identification (e.g. order number, date of conclusion of the Sales Agreement, name and contact details of the Customer, e-mail address. Proof of purchase must be provided with the submission of the complaint) (e.g. a copy of the invoice or receipt, printout from the payment card).
    4. The customer using the warranty rights is obliged to deliver the defective goods to the Seller, to the address: T-WIN SPÓŁKA Z LIMITED LIABILITY z / in Warsaw ( 00-102) at 111 Marszałkowska Street, at the expense of the Seller.
    5. The cost of the parcel is returned after the complaint has been accepted.
    6. The seller does not collect parcels payable "on delivery".
    7. The Seller shall promptly, but no later than within 14 days, consider and answer the Consumer's complaint and inform him of further proceedings.
    8. Szcz detailed information on the possibility for the Customer who is a Consumer to use extrajudicial methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and the following Internet addresses of the Office of Competition and Consumer Protection:

    http://www.uokik.gov.pl/spory_konsumenckie.php
    http://www.uokik.gov.pl/sprawy_indywidualne.php

  20. § 12. Protection of personal data

    1. The administrator of the Customers' personal data is the Seller.
    2. The Seller processes the Buyer's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (Journal of Laws EU No. 119, p. 1) (hereinafter the GDPR) and other currently applicable provisions of the law on the protection of personal data.
    3. The Seller undertakes to respect the confidentiality of Customer data and not to disclose such data to unauthorized persons and to properly secure this information against access by any unauthorized persons.
    4. Detailed rules for the processing of personal data are regulated in Privacy Policy and Cookies Policy.


    § 13. Customer Service.

    1. The Seller runs a Customer Service Office (BOK).
    2. BOK provides customers with information about the Store's operations and the status of Orders by phone.
    3. BOK works on business days between 8am and 4pm.

    § 14. License to use Content.

    1. The Seller or entities with which the Seller has entered into relevant agreements have only rights to the Content published in the Store by the Seller or his contractors. It applies in particular to the name of the Store (trademark), its graphic elements, software and rights in the field of databases.
    2. The Customer has the right to use the Content free of charge, as well as to use the Content posted in accordance with the provisions rights and those already disseminated by other Customers within the Store, but only for personal use and only for the proper use of the Store.
    3. The use of Content in other areas is only permitted on the basis of explicit prior consent given by an authorized entity, in writing under pain of nullity.
    4. The Customer, placing any Content within the Store, grants the Seller a non-exclusive, free license to use, store in the computer's memory, change, delete, supplement, perform publicly, display publicly, multiply and distribute this Content throughout the world. This right includes the right to grant sublicenses to the extent justified by the implementation of the Sales Agreement or Service Provision Agreement as well as the authorization to exercise alone or through third party dependent rights in the development, adaptation, alteration and translation of the work within the meaning of the Act of February 4, 1994. copyright and related rights (Journal of Laws of 2016, item 666 as amended)


    § 15. Termination of the service contract and amendment of the Store's Regulations.

    1. Termination of the Service Agreement may occur at any time with immediate effect by deleting the Account. This solution is ineffective in relation to Orders in progress.
    2. Termination of the Service Agreement by the Seller, as well as limitation of the use of the Store may occur only for important reasons. Such solutions have an immediate effect and occur in documentary form. Important reasons justifying the termination of the Service Agreement by the Seller are:

    - violation of third parties' personal rights by the Customer,

    - providing false data,

    - violation of the rules of social coexistence. e.g. by making Orders several times or by making multiple Reservations and not collecting them several times, justifying the supposition that the Customer is acting intentionally to the detriment of the Seller.

    1. The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in legal regulations, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
    2. < li> Amendments to the Regulations apply from the moment they are clearly indicated and placed on the store's website in relation to unregistered customers.
    3. Registered customers, i.e. those who have an Account in the Store, have the right to terminate the Agreement within 14 days from the date of notification their about changing the regulations. In the event that the Customer does not use the option to withdraw from the Agreement, the provisions of the amended Regulations will be binding on him.
    4. The amendment to the regulations does not affect the Agreements concluded by the Customer and the Seller.
    5. In matters generally not applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with customers who are consumers - the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 from d.) and the Act on specific conditions of consumer sales and amending the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of applicable law.

    § 16. Final provisions.

    1. Agreements concluded through the Online Store are concluded in Polish.
    2. The place of conclusion of the Sales Agreement and Service Agreement is the seat of the Seller.
    3. For resolving disputes regarding sales on under these Regulations, the jurisdiction of Polish courts and Polish procedural rules apply. This provision, however, does not apply to Consumers.
    4. Any disputes arising from the implementation of Agreements concluded with the application of these Regulations shall be settled by courts having jurisdiction over the registered office of the Seller. This provision, however, does not apply to Consumers.
    5. The Seller is entitled to modify the technical manner of providing the Service, in particular due to technological reasons (development of browsers and technologies). The above should take place without deterioration of its quality, and without affecting the scope of the rights and obligations of the Customer and Seller.
    6. The Regulations shall enter into force on the day of its publication in the Store.


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