PLATFORM REGULATIONS
www.bugala.pl

These terms and conditions set out the terms and conditions for the placement and execution of orders and the sale of goods via the online platform available at www.bugala.pl (hereinafter: „Platform”), as well as the rules of use of the Platform operated by the BUGAŁA MANUFACTURING sp.k. with registered office in Częstochowa, ul. Legionów 98, entered into the Register of Entrepreneurs kept by the District Court in Częstochowa, XVII Commercial Division of the National Court Register under the KRS number: 0001089546, NIP: 9492245745, REGON: 387534776 (hereinafter referred to as „Seller”).

Contact with the Seller is possible: By correspondence at the following address: BUGAŁA MANUFACTURING sp. k., 98 Legionów Street,
42-200 Częstochowa,

1. By telephone on +34 360 23 83 (for calls from landlines) or +48 607 977 990 (for calls from mobile phones), Monday to Friday between 8:00 and 16:00,
2. By email via the address: info@bugala.pl,
3. Via the contact form available on the Seller's platform. 

I. DEFINITIONS                                                                                                                                                                                                                              The terms used in these Terms and Conditions have meanings:

1. Working days - weekdays from Monday to Friday excluding public holidays.
2. Delivery - means the factual act of the Seller delivering to the Customer, via the Supplier, the Goods specified in the Order.
3. Customer/Purchaser - a natural person running a sole proprietorship, a legal person or an organisational unit without legal personality, to which specific provisions grant legal capacity, who places an Order on the Platform or for whom the Seller provides Electronic Services.
4. Civil Code - Act of 23 April 1964.
5. Consumer - a natural person within the meaning of Article 22 [1] of the Civil Code.
6. Account - the space allocated by the Seller to the Customer on the Platform,
   whereby the Customer can perform certain actions on the Platform.
7. OWS - General Terms and Conditions of Sale in force at the Seller at the time the Order is placed.
8. Platform - platform available at www.bugala.pl, through which the Seller sells Goods and provides Services electronically in accordance with the Terms and Conditions.
9. Entrepreneur - Entrepreneur within the meaning of Article 43 [1] of the Civil Code who is the Seller's Customer.
10. Entrepreneur with consumer rights - means a natural person concluding a Sales Agreement directly related to his/her business activity, where it follows from the content of the Sales Agreement that it is not of a professional nature for that Entrepreneur, in particular resulting from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
11. Regulations - these platform regulations www.bugala.pl.
12. Registration - action carried out by the Customer on the Platform which leads to the creation of an Account by the Customer.
13. Seller - BUGAŁA MANUFACTURING sp. k. with registered office in Częstochowa, 98 Legionów Street, 42-200 Częstochowa, KRS: 0001089546, NIP: 9492245745, REGON: 387534776.
14. Merchandise - the product presented by the Seller on the Platform, which may become the subject of a Contract.
15. Contract - means the contract of sale or any other contract concluded with the Seller, irrespective of the name adopted by the parties to the Contract.
16. Service - service provided electronically by the Seller to the Customer
    within the meaning of the Act on Provision of Electronic Services.
17. Act on Provision of Electronic Services - Act of 18 July 2002 on the provision of electronic services.
18. Order - a declaration of will made to the Seller by the Customer providing
    of the intention to conclude a Contract, specifying in particular the number and type of Goods among the Goods presented on the Platform.

II. GENERAL PROVISIONS AND USE OF THE PLATFORM

1. The Terms and Conditions set out the general terms, conditions and manner of placing Orders via the Platform, as well as the terms and conditions for the provision of Services by the Seller via the Platform.
2. The Terms and Conditions are permanently available on the Platform under the tab „Terms and Conditions” in a manner that allows them to be reproduced, obtained and recorded by saving them on a medium at any time.
3. All rights to the Platform, including property copyright, intellectual property rights to its name, internet domain, website, as well as all kinds of templates, forms, logos posted on the Platform shall belong to the Seller, and may only be used in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
4. The Sellers shall make every effort to ensure that Internet users are able to use the Platform, i.e. to perform all activities leading to the reading of the content of the Platform or to perform other activities defined by the Terms and Conditions, using all common Internet browsers, operating systems, device types and Internet connection types.
5. The minimum technical requirements to use the Platform are:
   1. a computer or mobile device with Internet access,
   2. Internet Explorer web browser version 11 or later, Chrome version 66 or later, FireFox version 60 or later, Opera version 53 or later or Safari
      version 5 or later,
   3. Javascript enabled in your browser.
6. In order to submit an enquiry or Order via the Online Platform, it is not necessary to register with the website and create an Account on the Platform.
7. The Seller shall, however, allow for other methods of placing an Order. Other methods of placing Orders with the Seller are specified in the Seller's General Terms and Conditions of Sale.
8. In order to place an Order, as well as to use certain Services available on the Platform, it is necessary for the Customer to have an active e-mail account.
9. The Seller informs that the public nature of the Internet and the use of services provided electronically may involve risks for each Internet user, consisting in the acquisition and modification of user data by unauthorised persons and the introduction of harmful software to the user's ICT system. In order to avoid the risks referred to in the previous sentence, Customers should use appropriate technical measures to minimise the risks indicated, in particular they should use anti-virus and identity protection software for users using the Internet and a firewall.
10. The Seller uses a mechanism of „cookies”, which are saved by the Seller's server on the hard drive of the Client's final device when the Clients use the Platform. The use of „cookies” is aimed at the correct operation of the Platform on the Clients„ terminal devices. This mechanism does not damage the Customer's terminal device and does not cause any configuration changes in the Customers” terminal devices or in the software installed on these devices. Each Customer may disable the „cookies” mechanism in the browser of their terminal device. The Seller points out that disabling "cookies" may, however, make it difficult or impossible to use the Platform.
11. It is forbidden for the Customer to provide content of an unlawful nature and for the Customer to use the Platform or the free services provided by the Seller in a way that is contrary to the law, good morals or infringes the personal rights of third parties.

III. RULES FOR THE PROVISION OF SERVICES

1. As part of the Platform, the Seller enables Customers to use the free Services provided by the Seller 7 days a week, 24 hours a day.
2. The Client has the possibility of creating an Account on the Platform. In order to create an Account, the Customer performs a Registration consisting of completing the fields marked as compulsory available within the interactive registration form presented on the Platform and sending this form to the Seller using the button dedicated to this purpose.
3. In the course of filling in the registration form, the customer has the opportunity to review the
   with the Terms and Conditions, accepting their content by ticking the appropriate box
   in the form.
4. During Registration, the Customer may voluntarily consent to the processing of his or her personal data for marketing purposes by ticking the relevant box on the Registration form. In such a case, the Seller shall clearly inform about the purpose of collecting the Customer's personal data, as well as about the known or anticipated recipients of such data.
5. The Client's consent to the processing of his/her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the service of maintaining the Client's Account. The consent may be withdrawn at any time by submitting an appropriate declaration of the Customer to the Seller. The declaration may, for example, be sent to the Seller's address via e-mail.
6. Upon submission of the completed registration form, the Customer shall immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller. At this moment, the contract is concluded
   for the provision of electronic services for maintaining a Customer Account, and the Customer shall be given the opportunity to access the Customer Account and make changes to the data provided during Registration.
7. The Account Service Agreement is concluded for an indefinite period of time.
   and shall be terminated upon the sending of a request by the Customer to delete the Account. However, the Seller may terminate the contract for the provision of electronic services and delete the Customer's account if the Customer has not been active on the Platform, in particular has not placed an order or logged into the Customer's Account within 3 (three) years of the last activity.
8. The Customer has the option to send a message to the Seller via an interactive contact form. The contract for the provision of the Service consisting in enabling the Customer to send a message to the Seller via an interactive form is concluded for a fixed period and is terminated as soon as the Customer sends the message.
9. From the Merchandise tab, the Customer has the possibility to send a message to the Seller using the interactive „Ask for Product” form. In order to send a message, the Customer fills in the form fields marked as mandatory, enters the content of the message and sends the message using the button dedicated for this purpose. The contract for the provision of the Service consisting in the Customer's ability to send a message to the Seller via an interactive „Ask for a Product” form is concluded for a fixed period of time and is terminated as soon as the Customer sends the message.
10. The Client has the option to use the Newsletter Service which consists of receiving messages from the Seller containing, in particular, commercial information. In order to conclude the contract for the Newsletter Service, the Client enters his/her e-mail address to which he/she wishes to receive messages from the Seller in the designated space on the Platform or activates the relevant field on the Order form. The Customer may revoke his/her consent to the sending of the newsletter at any time. The contract for the provision of the Newsletter Service is concluded for an indefinite period of time and is terminated when the Customer unsubscribes from the newsletter using the dedicated link for this purpose or when the Customer sends a request to remove his/her e-mail address from the newsletter subscription.
11. The Seller has the right to organise occasional promotions, discounts or competitions, the terms of which will be presented on the Platform. Promotions on the Platform are not cumulative, unless the Terms and Conditions of a given promotion state otherwise.

12. The Seller shall not charge any fees for communication conducted by means of distance communication. The Buyer shall only bear the costs of such communication in accordance with the tariff of the operator with whom he has concluded a contract for the relevant service.

IV. METHOD OF PLACING ORDERS AND CONCLUDING A CONTRACT

1. The Seller only sells to registered Entrepreneurs. The Seller does not accept for execution Orders placed by Consumers and Entrepreneurs with the rights of a Consumer..
2. In order to effectively place an Order, it is necessary to confirm that you are familiar with the
   with and acceptance of these Terms and Conditions and SGTC.
3. By placing an Order via the Platform, the Orderer is deemed to have read and understood these Terms and Conditions of Sale, as applicable.
   with the Seller at the time of placing the Order.
4. Purchasers running a sole proprietorship are obliged, prior to placing an Order, to make a prior declaration to the Seller that the agreement they are concluding with the Seller is an agreement concluded for the purposes of the Purchaser's business or professional activity.
5. The content presented within the Platform shall be treated only as an invitation to enter into a Contract within the meaning of Article 71 of the Civil Code and not as a binding offer, which applies to all Goods offered. They become binding only upon confirmation of the order by the Seller and at that moment the Contract is concluded.
6. To place an Order, add the products to your enquiry and then follow the messages displayed on the Platform.
7. Placing an Order is tantamount to the Customer making an offer to the Seller to conclude a Contract with content consistent with the contents of the Order.
8. The Seller reserves a period of 7 working days from receipt of the Order to confirm its acceptance or rejection. After the expiry of this period, in the absence of confirmation of acceptance, the Order shall be deemed not accepted.
9. The Seller confirms acceptance of the Order for fulfilment by means of an e-mail sent to the address provided when the Order was placed or in the login data.
10. After confirming the Order, the Seller sends the Customer, to the e-mail address indicated by the Customer, information on acceptance of the Order for execution, which is equivalent to the following
    with acceptance of the Customer's offer. As soon as the Customer receives notification of acceptance of the Order for processing, the Contract is concluded.
11. The contract shall be concluded in the Polish language, with contents in accordance with the Terms and Conditions and GTS.
    In the case of contracts concluded with a foreign entrepreneur, the Seller allows the possibility to conclude the Contract in English.
12. Detailed provisions concerning the manner of placing Orders, the rules for placing Orders and issues concerning the conclusion of a Contract with the Seller, which have not been regulated in these Terms and Conditions, shall be governed by the following. Seller's General Terms and Conditions of Sale.

V. DELIVERY, PRICES AND FORMS OF PAYMENT AVAILABLE

1. The prices of the Goods quoted by the Seller are net prices. VAT will be added to the price of the Goods at the rate applicable at the time of placing the order. The prices of the Goods are exclusive of delivery costs.
2. The Seller offers the following forms of delivery of the Goods:
   1. personal collection at the company's headquarters,
   2. shipment by DPD courier,
   3. pallet shipment by DPD or Raben.
3. Through the Platform, it is not possible to choose to make deliveries through carriers other than those indicated in paragraph 2(c) above. It is, however, possible to have the Goods collected by a courier arranged by the Buyer, after agreeing the date and terms of collection with the Seller outside the Platform.
4. Detailed provisions concerning delivery methods and methods, delivery costs as well as available forms of payment are regulated in the Seller's General Terms and Conditions of Sale.                                                                                                                                                                                    

VI. RETURNS, WARRANTY AND DAMAGE TO GOODS

The provisions concerning the return of Goods, warranty and complaint about Goods are governed by the General Terms of Sale applicable at the Seller.

VII. COMPLAINTS CONCERNING ELECTRONICALLY SUPPLIED SERVICES

1. The Customer may make complaints to the Seller regarding the incorrect provision of the Services, the failure to provide the Services provided for in the Terms and Conditions or the malfunctioning of the Platform.
2. Complaints arising from the malfunctioning of the Platform and the provision of the Services referred to in paragraph 1 above may be made by the Customer to the following address: BUGAŁA MANUFACTURING sp.k., ul. Legionów 98, 42-200 Częstochowa, e-mail address: info@bugala.pl, by telephone:
   34 360 23 83 (for calls from landlines) or +48 607 977 990 (for calls from mobiles), Monday to Friday 8:00-16:00.
3. In the complaint, the Customer should provide the Entrepreneur's details, correspondence address and a description of the irregularities that have occurred.
4. The seller will consider the complaint within 30 days.
5. In the case of deficiencies in the complaint, the Seller may call on the Customer to supplement the complaint to the extent necessary, as indicated by the Seller immediately, but no later than within 7 days of receipt of the call by the Customer.                                                                           

VIII. PROTECTION OF PERSONAL DATA

The Seller processes the Customers' personal data in accordance with the applicable laws and
with the principles set out in the Privacy Policy found on the Platform.

IX. RIGHTS AND OBLIGATIONS

1. It is prohibited to use the resources and functions of the Platform in order for a Customer to carry out an activity that would infringe upon the interests of a Seller, i.e. in particular the advertising of another entrepreneur or product, activity consisting of posting content that is not related to the Seller's business, activity consisting of posting false or misleading content.
2. In particular, the customer is obliged to:
   1. not to provide or transmit content which is prohibited by law, e.g. content which promotes violence, is defamatory or infringes the personal rights and other rights of third parties,
   2. use the Platform in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
   3. not to take actions such as: sending or posting unsolicited commercial information (spam) on the Platform,
   4. use the Platform in a manner that is not disruptive to other Clients and the Seller,
   5. use the Platform in a manner consistent with the laws in force in the Republic of Poland, the provisions of the Terms and Conditions and the general principles of use of the Internet.
3. It is forbidden for Customers, in the course of using the Services referred to in § 3 of the Regulations, to post content that could, in particular:
   1. be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties,
   2. infringe any third party rights, including those related to copyright protection and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations,
   3. contain personal data of third parties and disseminate images of third parties without the legally required authorisation or consent of the third party,
   4. be of an offensive or threatening nature towards other persons, or contain a vocabulary which offends against good morals (e.g. by using vulgarisms or expressions which are commonly regarded as offensive),
   5. otherwise violate the provisions of these Terms and Conditions, good morals, applicable laws, social norms or customs.
4. If the Customer breaches the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the breaches, setting an appropriate time limit, may terminate the contract for the provision of Services at 14 days' notice.                                                                                                                                                                                                                          

X. FINAL PROVISIONS

1. In matters not covered by these Regulations, the provisions contained in the
   w General Terms of Sale (GTS) applicable at the Seller, and in matters not regulated by the GTS, the relevant provisions of Polish law, in particular the Civil Code, shall apply.
2. During the execution of the Order and throughout the after-sales care period, the Buyer is bound by the Terms and Conditions accepted by the Buyer when placing the Order.
3. The invalidity or invalidity of any provision of the Terms and Conditions shall not affect the validity and effectiveness of the remaining provisions. Should any provision of the Terms and Conditions be deemed invalid or legally defective, the remaining provisions of the Terms and Conditions shall remain in force to the fullest extent permitted by applicable law. At the same time, the Seller and the Buyer undertake to promptly replace such provisions with valid provisions, taking into account the purpose of the Contract and the will and intention of the parties to the Order.
4. The seller reserves the right to amend these Terms and Conditions.
5. All Orders accepted by the Seller for execution prior to the effective date of the new Terms and Conditions shall be executed on the basis of the Terms and Conditions in force on the date the Order was placed by the Customer.
6. Each Client will be informed of any changes to these Terms and Conditions by the Seller at least 7 days before the new Terms and Conditions come into force, through information communicated by e-mail or on the main page of the Platform, containing a summary of the changes and the date on which they come into force. Clients with an Account will additionally be informed of the changes together with a summary of the changes to the e-mail address they have indicated.
7. If the Customer does not accept the new content of the Terms and Conditions, the Customer who has an Account is obliged to notify the Seller within 14 days from the date of the Customer's receipt of information about the change in the Terms and Conditions. The Seller's notification of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement for the provision of Account services.
8. The regulations shall enter into force on 1 January 2025.