Terms and Conditions

BeRunner Online Shop Terms and Conditions

The online shop available at https://berunner.ro/ is managed by SZOPEX-Dutkiewicz limited liability limited partnership with registered office in Olsztyn (Poland) ul. Kotańskiego 6, 10-166 Olsztyn, entered in the Register of Entrepreneurs in the National Court Register conducted by the Olsztyn District Court, 8th Commercial Section of the National Court Register under number KRS 0000724788, PIN 7390202240, REGON 510525357.

Contact details for customers in Romania:
address for deliveries: SZOPEX-Dutkiewicz sp. z o.o. sp.k., ul. Kotańskiego 6, 10-166 Olsztyn (Poland);
telephone number of the Customer Relations Department: + 40 312 294 652 - available on working days, during the working hours of the DRC indicated in the footer of each subpage of the Online Shop (charge as for a regular telephone connection, according to the tariff package of the service provider used by the Customer);
electronic mail (e-mail) address of the Customer Relations Department: [email protected].

These Terms and Conditions set out the rules of use of the Online Shop, including the rules of providing services by electronic means and the conditions for concluding and performing Sales Contracts. The Terms and Conditions also indicate how to exercise the rights of Customers, including Consumers, arising from generally applicable laws. The provisions of the Terms and Conditions do not limit or exclude the rights of Customers under applicable legal provisions. The Online Shop Terms and Conditions are also available in PDF format - download.

Annex 1 to the Terms and Conditions is a model withdrawal form for a distance contract. In order to facilitate the exercise of the Consumer's rights, the Seller also provides its model withdrawal form from a distance contract in PDF format - download (use of the model is not compulsory).

Contents

§ 1 Definitions
§ 2 General provisions
§ 3 Services provided electronically
§ 4 Conditions for the conclusion of the Sales Contract
§ 5 Forms and costs of delivery
§ 6 Methods of payment
§ 7 Legal right of withdrawal from the contract
§ 8 Additional contractual rights of withdrawal from the Contract of Sale
§ 9 Complaints
§ 10 Out-of-court complaint handling and claims procedure
§ 11 Protection of personal data
§ 12 Modification of the Terms and Conditions
§ 13 Final Provisions
Annex No 1 Model withdrawal form

§ 1 Definitions

The following terms used in these Terms and Conditions have the following meanings:
DRC - the Customer Relations Department of the Online Shop, managed by the Seller, which provides the Customers with all information related to the operation of the Online Shop, e.g. regarding the services and Products offered, as well as the performance of the concluded contracts. The contact details and working hours of the DRC are indicated in the footer of each subpage of the Online Shop.
Customer - the user of the Online Shop: (1) a natural person (2) a legal person or (3) an organisational unit without legal personality, to which the law grants legal capacity. In order to use the Online Store, a natural person with limited legal capacity must obtain, whenever required by generally applicable law, the consent of a legal representative; a legal person and an organisational unit without legal personality, to which the law grants legal capacity, may act only through an authorised person. The entities referred to in the preceding sentence are obliged to provide, at the Seller's request, confirmation of: the consent of their legal representative or their power of attorney.
Consumer - a natural person who enters into a legal transaction with the Seller which is not directly related to his economic or professional activity
Account - service provided by the Seller in electronic format, which allows the Customer to use additional functionalities of the Online Shop, such as: storing information about the Customer's address data and editing them, access to order history, fast returns, requests and complaint history, managing subscription to the Newsletter service, advance access to some Products with limited availability. The use of the Account service is possible after correct registration via the registration form available in the Online Shop. Access to the Account requires the Customer to establish a user name (e-mail address indicated) and a password (string of characters enabling confirmation of the Customer's identity). The creation of an Account in the Online Shop allows the use of the Account service in any of the Partner Shops.
Shopping Cart - service provided by the Seller in electronic format, which allows the Customer to place an Order, in particular by: saving the selected Products (including after the end of the browsing session, which does not mean, however, that the availability of the Product or its reservation is guaranteed), providing the data necessary to place the Order, the possibility to enter any discount codes, the summary of the price and delivery costs, the choice of place and form of delivery and the method of payment. The shopping cart allows the Customer to submit several offers for the conclusion of the Sales Contract at the same time.
Product - mobile item intended for sale in the Online Shop. All Products are new.
Customized Product - non-manufactured Product, produced according to the Customer's specifications or designed to meet the Customer's individual needs. With regard to the Custom Product, the Customer does not have the right to withdraw from the contract concluded at a distance.
Online shop - e-commerce platform operated by the Seller on the following website: https://berunner.ro/ (including subpages), where Sales Contracts and electronic service contracts are concluded.
Affiliate Store - stationary or online store operated by the Seller under a brand other than the one indicated in the title of the Terms and Conditions. The updated list of Partner Stores is available in the Online Store.
Seller - SZOPEX-Dutkiewicz limited liability limited partnership with registered office in Olsztyn ul. Kotańskiego 6, 10-166 Olsztyn (Poland), registered in the Register of Entrepreneurs in the National Court Register conducted by the Olsztyn District Court, 8th Commercial Division of the National Court Register under number KRS 0000724788, PIN 7390202240, REGON 510525357, being a party to the Contracts concluded within the Online Shop (including Sales Contracts) and administrator of the website of the Online Shop.
Sales Contract - a sales contract within the meaning of the generally binding legal regulations concluded at a distance between the Seller and the Customer in accordance with the provisions of the Terms and Conditions and the binding legal regulations. Each Product that is the subject of an Order is the subject of a separate Sales Contract.
Order - the Customer's declaration of will directly aimed at concluding one or more distance selling Contracts. The Order may include several offers to conclude a Sales Contract (e.g. it may include several pieces of Product or several types of Products), but each offer constitutes a separate basis for the conclusion of a separate Sales Contract.

§ 2 General provisions

Acceptance of the Terms and Conditions is voluntary, but necessary in order to place Orders, conclude a Sales Contract and use the services provided electronically by the Seller.
The information made available in the Online Shop is an invitation to conclude the Contract (it does not constitute an offer within the meaning of the law normally applicable).
Contracts are concluded by the Seller in Romanian.
The use of the Online Shop is possible if the necessary technical requirements are met:
computer, smartphone or other similar device with Internet access;
web browser with JavaScript and cookies enabled, e.g. Mozilla Firefox, Google Chrome, Apple Safari or Microsoft Edge (it is recommended to use the current version of the web browser);
an active email address;
The Customer is obliged to use the Online Shop in accordance with these Terms and Conditions and the generally applicable legal provisions. Material breaches of these Terms and Conditions constitute in particular:
the provision of false personal data or the failure to promptly inform the Seller of changes thereto (if the updating of personal data is necessary for the performance of the Sales Contract or for electronically provided services);
the provision of illegal content, i.e. content that infringes the personal and other rights of third parties (prohibition of the provision of illegal content).
use of the Online Shop in a way that disrupts its operation or misleads the Seller (in particular, it is prohibited to change the content provided by the Seller, such as, for example, the price or description of the Product and the use of any form of automation of the Order placement process, including the use of bots or other similar programs);
sending or placing unsolicited commercial information (spam) in the Online Store.

§ 3 Services provided electronically

As part of the Online Shop, the Seller offers the following services free of charge by electronic means:
Account,
Shopping Cart,
Chat,
Preferences,
Newsletter (based on a separate regulation),
Virtual Advisor.
The contract for the provision of the "Account" service is concluded for an indefinite period, as soon as the Customer receives an e-mail confirming correct registration. The Customer has the right to terminate at any time (without stating a reason and free of charge) the "Account" Service Contract. In order to terminate the "Account" service contract, the Customer may send an e-mail with the termination statement (account deletion) and login to the DRC e-mail address indicated in the preamble to the Terms and Conditions. The Account will be deleted by the Seller immediately, within 3 working days at the latest. The Customer may also personally indicate the expiry date of the contract for the provision of the "Account" service (not less than 3 working days from the submission of the declaration). From the moment the account is deleted, the contract for the provision of the "Account" service expires.
Connection to the "Account" service can also take place via user accounts created by the Customer on FaceBook (https://www.facebook.com/) or PayPal (https://www.paypal.com/). Due to the fact that the websites, mentioned in the previous sentence, are provided by third parties, the Seller is not responsible for the terms of use of these websites, the acceptance of which by the Customer is required to connect to the "Account" service in this form.
The "Shopping Cart" service is a one-time service. The use of the "Shopping Cart" begins when you click on the "Add to Cart" button and ends when you place an Order or use the "Empty Cart" button. Information about Products added to the Basket is stored even after the Internet browsing session is closed, but for no more than 14 days. Adding a Product to the Basket does not mean that the availability of the Product or its reservation is guaranteed.
The "Chat" service allows you to get answers to Customer questions about Products or the operation of the Online Shop. The "Chat" service is a one-time service and is available during DRC business hours indicated in the footer of each subpage of the Online Shop. The use of the "Chat" service requires the provision of an e-mail address, begins when the "Start Chat" button available within the Online Store is clicked and ends when the window is closed by clicking on the "X" symbol.
The "Favourites" service allows to track the Products selected by the Customer without having to search for them each time in the Online Shop. The "Favourites" service is a unique service. The use of the "Preferred" service starts with clicking on the heart symbol on the Product sheet (adding the first Product) and ends with removing the last Product from those observed as part of the service (clicking on the shopping cart symbol). Adding a Product to "Favourites" does not guarantee the availability of the Product or its reservation.
The "Virtual Advisor" service allows a quick selection of Products that correspond to the preferences selected by the Customer among the characteristics of the Products indicated by the Seller. The "Virtual Advisor" service is a unique service. The use of the "Virtual Advisor" service starts as soon as the "Select online footwear" button in the Online Shop is clicked and ends as soon as the selected Products are presented or the browser window is closed.
The Seller will also allow the Customer to view the materials placed within the Online Shop.
The Customer may submit complaints related to the provision of services by the Seller electronically, for example, in the form:
in writing, to the address: SZOPEX-Dutkiewicz sp. z o.o. sp.k., ul. Kotańskiego 6, 10-166 Olsztyn (Poland);
by e-mail, sent to the DRC e-mail address (indicated, for example, in the footer of each subpage of the Online Shop and in the preamble to the Terms and Conditions).
In order to submit the complaint mentioned in sect. 9 above, it is recommended that the Customer indicates: (1) the subject of the complaint, i.e. a description of the reason for the complaint, (2) his/her contact details and (3) the Seller's preferred form of response in a sustainable medium (e.g. e-mail, written form). The recommendations mentioned in the previous sentence are not a condition for filing a complaint.
The Seller shall respond to complaints, in a sustainable medium, within 30 days of receipt (unless specific provisions provide otherwise).
The seller may terminate the contract for the provision of the "Account" service with 14 days' notice for important reasons, namely in the case of:
a. discontinuance of the Account service;
b. inactivity of the Customer (connection to the service) for a period of 3 years;
c. change of the way of providing the services for technical or organisational reasons, change of the scope of the services provided (modification, introduction of new services or withdrawal of services or functionalities).
The Seller may terminate the contract for the provision of the Account service, with a notice period of 7 days, for important reasons, i.e. in case of a serious breach by the Customer of the provisions of the Terms and Conditions (in accordance with § 2 paragraph 5 above).
The Seller's statements referred to in para. 12-13 of this paragraph shall be sent to the Customer's e-mail address indicated during registration for the Account service.
In the event of a serious breach by the Customer of the provisions of § 2 para. 5 above, the Seller may also temporarily block or restrict the Customer's access to all or certain services provided by the Online Shop (including refusal to place an order). The Seller shall inform the Customer of the scope, reason and duration of the blocks or restrictions referred to in the preceding sentence by sending a message to the e-mail address provided by the Customer. The provisions of para. 9 to 11 of this paragraph shall apply accordingly.
The registration, securing and making available of the essential provisions of the contract for the provision of services by electronic means shall be carried out by sending an e-mail to the Customer at the e-mail address provided.

§ 4 Conditions for concluding the Sales Contract
Information on the main features of the Service, including the subject matter of the Service and the method of communication with the Customer, is available in the Online Shop, in particular on the subpages relating to the individual Products.
The Seller enables the conclusion of the Sales Contract through the completion of Orders placed by the Customer:
Within the Online Shop (via the Shopping Cart);
via the DRC - only at the Customer's initiative.
In order to conclude the Sales Contract via the Shopping Cart (paragraph 2 point a above), the selected Product(s) must be added to the Shopping Cart, the discount code, if applicable, must be entered and the "Place Order" button must be clicked, then the additional technical steps must be followed according to the messages displayed, namely:
enter (or choose from those saved - in the case of users of the Account service) the address data and, if applicable, the VAT invoice data;
choose the method of payment, as well as the form and delivery address;
clicked on the "Order and pay" button, which results in the Order being sent to the Seller (order with obligation to pay).

Until the "Order and pay" button is clicked, the Customer has the possibility to modify the Order, to correct any mistakes (regarding the selected Products and other data indicated in para. 3 above).
Before placing the Order, the Seller informs the Customer about the total price or remuneration for the service, including taxes or the method of calculating their value, as well as delivery charges, postal services and any other charges, and when the value of these charges cannot be determined - about the obligation to pay them (summary of the Order). The Seller may introduce a limit on the Products or a limit on the total price of the Products that may be the subject of an Order. Information on possible limitations is provided in each case at the latest at the time of the Order summary.
By pressing the "Order and pay" button, the Customer submits to the Seller the offer to conclude one or more Sales Contracts. Confirmation of the submission of the offer(s) by the Customer is an automatic e-mail entitled "Order Submission Confirmation" sent by the Seller to the specified e-mail address.
If the prepayment method (payment in advance) is chosen, the Customer may be redirected to an external payment service provider.
The Seller shall immediately check the Customer's Order and then: (1) confirm acceptance of the Customer's offers/offer by sending an e-mail with the title "Order sent for fulfilment" or (2) inform the Customer that the Order cannot be fulfilled (non-acceptance of the Customer's offers/offer), in particular in case of: violation by the Customer of the provisions of § 2 para. 5 above, failure to make an advance payment within the period indicated in § 6 para. 7 below.
The Sales Contract shall be concluded upon acceptance of the Customer's offer(s) by the Seller, i.e. upon receipt by the Customer of the e-mail entitled "Order sent for delivery", which contains the confirmation of the conditions of the Sales Contract.
If the Customer has chosen the cash on delivery method of payment, the Sales Contract shall be concluded under the resolutive condition of timely collection and payment of the shipment. Refusal to collect or pay for the shipment within the agreed time limit shall result in the Sales Contract being deemed not to have been concluded, which the Seller shall notify to the Customer by e-mail. The provisions mentioned in the preceding sentences shall apply when the Customer's Order comprises several Sales Contracts.
If the Customer does not pick up the paid parcel (within the deadline resulting from the selected delivery method), DRC will contact the Customer to arrange an additional pick-up date. If the Customer again fails to pick up the parcel, the Seller has the right to withdraw from the Sales Contract by means of an e-mail sent to the Customer's address. At the same time, the Seller will immediately refund the payment received from the Customer (using the same payment method). The provisions mentioned in the preceding sentences apply when the Customer's Order includes more than one Sales Contract.
Notwithstanding other rights provided for in the Terms and Conditions and the legal provisions in force, the Customer may cancel the placed Order and, after acceptance of the offers/bids by the Seller, withdraw from one or more concluded Sales Contracts, by contacting DRC, until receipt of the e-mail message regarding the submission of the Order for fulfilment.
In the event that the performance of services under the Sales Contract by one of the parties becomes impossible, in whole or in part, the relevant legal provisions in force shall apply, whereby the Seller shall immediately refund to the Consumer any payment received (using the same method of payment).
The Customer shall not bear any costs related to the lack of possibility to complete the Order, to cancel the Order and to withdraw from the Sales Contract, referred to in this paragraph (except for costs arising from legal regulations).
In the case of conclusion of the Sales Contract by telephone at the Customer's initiative, the provisions of this paragraph shall apply accordingly. For technical reasons, all telephone calls made by DRC are recorded.
In case of expressing additional consent, the Customer will also receive SMS messages with information on the status of the Order.
Promotions and discounts valid in the Online Shop are not merged, unless otherwise stated in their regulations.
The registration, securing and provision of the important provisions of the Sales Contract is carried out by sending the Customer an e-mail confirming the completion of the Order. After the conclusion of the Sales Contract, the Seller shall provide the Customer with proof of purchase (VAT invoice), attaching it to the parcel and in electronic format within the Account service, and at the Customer's request, also in electronic format, to the e-mail address indicated by the Customer.
Due to the limited availability of certain Products, the Seller may place quantitative restrictions on the sale of the Product (e.g. each Customer may place an Order for a maximum of 1 Product of a certain type, in a certain size). Information on any restrictions on the sale of Products will be placed on the sub-pages of the Products concerned.
The Seller may also make certain Products available for sale on a first-come, first-served basis to users of the Account service who have already concluded at least one Sales Contract. Information on the possible priority in terms of the possibility to place an Order for a given Product and its validity period will be placed on the sub-pages of the Products concerned.
The Online Shop allows the Ordering of Products with individual printing made according to the Customer's specifications (Custom Product). The Product with individual printing option is marked with the words: "customised product", "printing option", "printing" or similar expressions.
The personalised product may contain an inscription specified by the Customer (e.g. first name, surname, nickname) and a number from 0-99 chosen by the Customer. Print data must be provided when placing the Order.
The Online Shop reserves the right not to accept the Order if the Customer indicates as the content of the print-out: words that are offensive, violate the dignity of third parties or are generally considered vulgar.
The cost of printing is indicated at the time of placing the Order.
The order fulfilment time for the Custom Product is extended by 10 working days compared to the processing time specified in the Standard Order Terms and Conditions.
In the case of placing an Order for a Custom Product, the provisions of para. 10-12 of this paragraph shall not apply.

§ 5 Forms and costs of delivery

Delivery of the Product is possible in Romania and in selected countries, indicated in the "Forms and costs of delivery" tab, available in the Online Shop.
The costs of delivery of the Products shall be covered by the Customer, unless the Sales Contract provides otherwise. The Seller may set a minimum threshold for the value of the Order above which the Seller bears the Product delivery costs. Current information about the available forms of delivery of the Product and their costs are indicated to the Customer in the tab "Forms and costs of delivery" available in the Online Shop and each time during the placement of the Order (before placing the offer, mentioned in § 4).
The delivery forms available may depend on the Product selected by the Customer, the payment method and the number of bids submitted.
The delivery time to the Customer consists of the time of preparation of the Order for shipment by the Seller and the time of delivery of the Product by the carrier.
The expected date of delivery is indicated under the heading "Forms and costs of delivery". The Seller may also indicate the expected delivery date during the placement of the Order. If a shorter period is not indicated in the tab "Delivery methods and costs" or in the manner indicated in the previous sentence, the expected delivery period is up to 14 working days (delivery in Romania) or up to 28 working days (delivery in other countries). In the case of orders for more than one Product, the expected delivery period shall be equal to the longer of the delivery periods indicated for each Product.
If more than one Sales Contract is concluded at the same time (i.e. the Order consists of several offers), the Products ordered may be delivered to the Customer in several instalments, without the Customer incurring additional costs related to the separation of deliveries.

§ 6 Methods of payment

The Seller shall make available to the Customer various methods of payment for the Sales Contract, in particular electronic prepayment (advance payment) via third-party payment service providers. The Customer selects the payment method from those made available by the Seller.
Up-to-date information about the available payment methods is displayed to the Customer in the "Payment Methods" tab available in the Online Shop and each time during the placement of an Order (before submitting the offer mentioned in § 4).
The available payment methods may depend on the Product chosen by the Customer, the delivery method chosen and the number of offers submitted.
Settlement of electronic payment transactions and payment card transactions is carried out through external services operated by payment service providers.
If the Seller does not receive payment from the Customer who has chosen to pay in advance, DRC may contact the Customer for the purpose of reminding him of the payment, in particular by means of an e-mail sent to the Customer's e-mail address.
If the Customer chooses the cash on delivery payment method, the Customer is obliged to make the payment on delivery.
If the Customer chooses to pay by prepayment (in advance) with the help of third party payment service providers, the Customer is obliged to pay the price and any costs of delivery of the Product and other optional charges resulting from the Sales Contract within 2 hours of placing the Order, i.e. from the moment of receipt of the automatic e-mail from the Seller entitled "Confirmation of Order Placement". Failure to make the payment within the term mentioned in the previous sentence shall result in the impossibility of placing the Order (non-acceptance of the Customer's offer(s)).

§ 7 Legal right of withdrawal from the contract
The Customer who has concluded a distance contract may, within 14 days, withdraw from it without giving any reason and without incurring any costs (except for costs arising from generally applicable law).
The date on which the withdrawal period begins:
a. for contracts, under which the Seller delivers the Product and is obliged to transfer ownership of the Product - from the time the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Product, and in the case of a contract, which:
includes several Products, which are delivered separately, in instalments or in parts - from the entry into possession of the last Product, instalment or part,
consists of the regular delivery of a Product for a specified period - from the time of taking possession of the first Product;
b. for other contracts - from the day of conclusion of the contract.
The consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration can be submitted using the form that forms Annex No. 1 to the Terms and Conditions or using the form available in the Online Shop (section: "Returns"). The use of these forms is not compulsory.
In order to meet the deadline, it is sufficient to send the declaration before the deadline expires.
For example, you can make a declaration of withdrawal from the contract:
a. in writing to: CzechLogistic - BeRunner, Ul. Calea Bodrogului 18 (FAN Courier DEPO) 310059 Arad;
b. electronically by sending an e-mail to: [email protected];
c. within the "Account" service.

The Seller is obliged to immediately send to the Consumer, on a sustainable medium, the confirmation of receipt of the declaration of withdrawal from the contract by electronic means.
In the event of withdrawal from the contract concluded remotely, the contract shall be deemed not to have been concluded.
The Seller shall immediately return all payments made by the Consumer, including the costs of delivery of the Product, no later than 14 days after receipt of the Consumer's declaration of withdrawal from the contract. The Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer has explicitly agreed to another method of refund which does not involve any cost to the Consumer. If the Seller has not offered to collect the Product itself from the Consumer, the Seller may withhold reimbursement of the payment received from the Consumer until it receives the Product back or until the Consumer provides proof that it has sent it back, whichever occurs first.
If the Consumer has chosen a delivery method other than the cheapest regular delivery method offered by the Seller, the Seller will not reimburse the Consumer for any additional costs incurred by the Consumer.
The Consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to receive it immediately, but no later than 14 days from the date he withdrew from the contract, unless the Seller has offered to collect the Product himself. In order to meet the deadline it is sufficient to deliver back the Product before its expiry. The Seller indicates the following address for returning the Product: CzechLogistic - BeRunner, Ul. Calea Bodrogului 18 (FAN Courier DEPO) 310059 Arad. The consumer will only bear the direct costs of returning the Product, unless the Seller has agreed to bear them.
The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
The right of withdrawal from the distance contract does not apply to contracts:
a. for the provision of services, where the trader has fully performed the service with the express consent of the Consumer, who has been informed, before performance begins, that, upon completion of performance by the trader, he will lose his right to withdraw from the contract;
b. where the object of the performance is an unmanufactured article produced to the Consumer's specifications or serving to meet his individual needs;
c. where the object of performance is an article which deteriorates rapidly or has a short shelf life;
d. where the object of the supply is an article supplied in sealed packaging which cannot be returned after opening the packaging for reasons of health protection or hygiene, if the packaging has been opened after delivery;
e. where the subject-matter of the supply is goods which, after delivery, by their nature become inseparably connected with other goods;
f. concluded by public tender;

g. for the supply of digital content, which is not recorded on a tangible medium, where the performance of the service has begun with the express consent of the Consumer before the end of the withdrawal period and after the Trader has informed him of the loss of the right to withdraw from the contract.

§ 8 Additional contractual rights of withdrawal from the Sales Contract

Irrespective of the legal right of withdrawal from the contract described in § 7, the Customer who is a Consumer may withdraw from the Distance Selling Contract within 15 to 30 days from the date mentioned in § 7.2 (this is an additional contractual right of withdrawal from the Sales Contract resulting from these Terms and Conditions).
The additional contractual right of withdrawal from the Sales Contract applies only to Products that are unused and complete (i.e. containing all labels, markings and protective elements) in their condition at the time of delivery of the Product to the Consumer or to a third party indicated by the Consumer. The additional contractual right of withdrawal from the Contract of Sale expires if the Consumer has used the Product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
To the extent not covered in this paragraph, the provisions of the Terms and Conditions on the legal right of withdrawal from the distance contract shall apply accordingly to the additional contractual right of withdrawal from the Sales Contract.
The right of withdrawal from the Sales Contract shall not apply to Customised Products.
In the event of the conclusion of a Sales Contract with a Customer who is not a Consumer, the Seller shall have the unilateral right to withdraw from the Sales Contract, without giving any reason, within 14 days of its conclusion. To the extent that mandatory statutory provisions allow, any claims against the Seller on the grounds of withdrawal from the Sales Contract referred to in the previous sentence are excluded.

§ 9 Complaints

1.    The Seller shall be liable to the Customer if the goods (Product) do not comply with the agreement. The rules of the Seller's liability are defined by the generally applicable provisions of law. 
2.    The Seller is obliged to deliver the Product without defects. 
3.    The Seller shall be liable for the Product's non-conformity with the agreement existing at the time of delivery and disclosed within two years of that time, unless the Product's shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
4.    In order to report the Product's non-conformity with the agreement (complaint), it is recommended that the Customer: (1) describes the defect and the date on which it was found, (2) makes a selected request to bring the Product into conformity with the agreement or makes a declaration on price reduction or withdrawal from the agreement, (3) demonstrates the conclusion of the Sales Agreement with the Seller (e.g. (3) demonstrated the conclusion of the Sales Agreement with the Seller (e.g. provided the Order number, enclosed a copy of the receipt or VAT invoice, enclosed a printout of the payment card), (4) provided contact details and (5) the preferred method of notification of complaint handling (e.g. e-mail or SMS). The recommendations referred to in the preceding sentence are not a condition for making a complaint. 
5.    If the Product is not in conformity with the agreement, the Customer may demand:(1) replacement of the Product, (2) removal of the defect, and is also entitled to: (3) make a declaration of price reduction or (4) withdraw from the agreement. Detailed rules of exercising these rights, including restrictions on their use, as well as the Seller's rights, are defined by generally applicable laws. 
6.    A complaint can be made using the complaint form available in the Online Shop (tab "Complaints") and in the Partners Club Account service. 
7.    In order to process the complaint, it is recommended to send the complaint report together with the photos of the Product to the following e-mail address: [email protected], and in case it is necessary to make the Product available to the Seller, the Product can be sent back to the address: SZOPEX- Dutkiewicz sp. z o.o. sp. k. Dział Reklamacji ul. Hozjusza 1r, 11-041 Olsztyn. 
8.    The Seller shall respond to the Customer's complaint immediately, no later than within 14 days of receipt. 
9.    Additional information on complaints regarding non-conformity of a Product with the agreement (including the fastest methods of filing a complaint) can be found in the "Complaints" tab, made available within the Online Shop. 
10.    The Seller's liability under warranty is excluded with respect to the Customer who is not a Consumer, within the limits allowed by generally applicable laws.  
11.    Irrespective of the rights resulting from the non-conformity of goods with the agreement, some Products may also be covered by the manufacturer's or distributor's warranty (the Seller does not grant additional warranty for the Products). The rights arising from the guarantee are specified in each case in the guarantee document attached to the Product or made available in another form by the manufacturer or distributor.
12.    The complaint procedure for electronically provided services is described in § 3. 
13.    For complaints relating to issues other than non-conformity of the Product with the agreement or the provision of electronic services, it is recommended that the procedure described in § 3.

§ 10 Out-of-court complaint handling and claims procedure

The consumer may have recourse to out-of-court complaint and redress procedures. Consent to participate in the out-of-court dispute resolution procedure is voluntary (the provisions of this paragraph are for information only). In the event of such need, the Seller shall submit a declaration of consent or refusal to participate in the procedures referred to in the preceding sentence, in writing or on another sustainable medium.
Detailed information on the possibility for the Consumer to use out-of-court complaint and redress procedures (including rules on access to these procedures) is available on the websites of the relevant public authorities.
The Consumer also has the right to use the European Dispute Resolution Platform (ODR Platform), available at https://ec.europa.eu/consumers/odr. The ODR Platform enables consumers and sellers to resolve disputes about online purchases with the help of an impartial dispute resolution body.

§ 11 Protection of personal data

The Seller, as the administrator of personal data, processes the Customer's personal data on the basis of generally applicable legal regulations.
The provision of personal data by the Customer is voluntary, but it is necessary in order to conclude the Sales Contract or to use certain services provided electronically (in particular: Account, Newsletter).
Detailed information on the protection of the Customer's personal data is contained in the "Privacy Policy" tab available in the Online Shop.
With regard to data protection issues, the Customer may directly contact the data protection inspector appointed by the Seller by sending a message to the e-mail address: [email protected].

§ 12 Modification of the Terms and Conditions

The Seller has the right to amend the Terms and Conditions for important reasons, which are: changes in legal regulations that affect the rights or obligations of the parties resulting from the Terms and Conditions, changes in the way the services are provided for technical or organizational reasons, changes in the scope of the services provided (changes, introduction of new services or withdrawal of services or functionalities).
The Seller shall inform the Customer of the changes to the Terms and Conditions by placing the new version of the Terms and Conditions in the "Online Shop Terms and Conditions" tab available within the Online Shop and by sending an e-mail with information about the change to the Terms and Conditions and the new version of the Terms and Conditions to the e-mail address specified by the Customer (for users of the Account service).
Changes to the Terms and Conditions shall enter into force within 14 days from the date on which they are communicated in the manner indicated in paragraph. 2 above.
The Account User has the right to terminate the contract for the provision of this service at any time (including in the event of non-acceptance of the new content of the Terms and Conditions).
The modification of the Terms and Conditions does not affect the Customer's rights acquired prior to the entry into force of the new version of the Terms and Conditions (in particular with regard to the concluded Sales Contracts).

§ 13 Final provisions

The Regulation shall enter into force on 25.11.2021.
These Terms and Conditions do not exclude or limit any rights of the Customer (in particular the Consumer) to which he is entitled under the legal provisions in force. Any provisions in these Terms and Conditions that are less favourable to the Customer than the mandatory provisions of the law shall be null and void and shall be replaced by these provisions.
Liability of the Seller or persons acting on its behalf for damage caused to the Customer who is not a Consumer is excluded, unless the damage was caused intentionally.
Any disputes between the Seller and the Customer who is not a Consumer shall be settled by the court having jurisdiction over the Seller's registered office.
The Customer may access the Terms and Conditions at any time via the internet address: https://berunner.ro/content/reguli,4366.html, from where the Customer may at any time: obtain, retrieve and print the contents of the Terms and Conditions. In addition, the Seller will make the content of the Terms and Conditions available for download in PDF format in the Online Shop.
The use of the Online Shop, including the services provided electronically, involves typical risks related to the use of the Internet, for example, access to data by unauthorised persons, unauthorised distribution of data, the possibility of receiving spam, the possibility of being exposed to cracking ("security breach") or phishing ("password theft"). The seller has implemented and uses appropriate technical and organisational measures necessary to ensure an adequate level of security of the services provided.
In matters not covered by these Terms and Conditions, the relevant generally applicable legal provisions shall apply.

Annex No 1 Model contract withdrawal form

To:
CzechLogistic - BeRunner,
Ul. Bodrogului 18 (FAN Courier DEPO)
310059 Arad.

I/we hereby inform you (*) of my/our (*) withdrawal from the contract for the sale of the following goods(*) the contract for the delivery of the following goods(*) the contract for the performance of the following things(*)/provision of the following services(*)

date of contract(*)/date of receipt(*)
Name and surname of consumer(s)
Address of consumer(s)

Signature of consumer(s) (only if this form is sent on paper)

Date

(*) Delete as appropriate.