Terms and Conditions

TERMS AND CONDITIONS OF THE PLATFORM

Terms and Conditions of the Platform www.bugala.pl

These Terms and Conditions define the terms and conditions for placing and fulfilling orders and selling goods via the online platform available at www.bugala.pl (hereinafter: the “Platform”), as well as the rules for using the Platform operated by BUGAŁA MANUFACTURING sp.k., with its registered office in Częstochowa, ul. Legionów 98, entered in the Register of Entrepreneurs maintained by the District Court in Częstochowa, 17th Commercial Division of the National Court Register under KRS number: 0001089546, NIP: 9492245745, REGON: 387534776 (hereinafter: the “Seller”).

Contact with the Seller is possible via:

a) Mail: BUGAŁA MANUFACTURING sp. k., 98 Legionów Street, 42-200 Częstochowa, Poland
b) Telephone: +34 360 23 83 (landlines) or +48 607 977 990 (mobiles), Monday to Friday, 8:00 a.m. - 4:00 p.m.
c) Email: info@bugala.pl
d) Contact form available on the Seller's Platform

I. Definitions

Working Days - Days from Monday to Friday, excluding public holidays.
Delivery - The actual act of delivering the Goods specified in the Order to the Customer by the Seller, via the Delivery Provider.
Customer / Buyer - A natural person conducting sole proprietorship, a legal person, or an organisational unit without legal personality to which specific regulations grant legal capacity, placing Orders via the Platform or to whom the Seller provides Electronic Services.
Civil Code - The Act of 23 April 1964.
Consumer - A natural person within the meaning of Article 22[1] of the Civil Code.
Account - A dedicated area on the Platform created by the Seller for the Customer, allowing them to perform certain actions.
TSG - The General Terms and Conditions of Sale applicable at the Seller at the time the Order is placed.
Platform - The online platform available at www.bugala.pl through which the Seller sells Goods and provides Electronic Services in accordance with these Terms and Conditions.
Entrepreneur - An entrepreneur within the meaning of Article 43[1] of the Civil Code who is a Customer of the Seller.
Entrepreneur with Consumer Rights - A natural person entering into a Sales Contract directly related to their business activity, where the content of the contract shows that it does not have a professional character for them, particularly based on the nature of their business activity listed in the Central Register and Information on Economic Activity.
Terms and Conditions - These Terms and Conditions of the www.bugala.pl Platform.
Registration - An action performed by the Customer on the Platform to create an Account.
Seller - BUGAŁA MANUFACTURING sp.k., with its registered office in Częstochowa, 98 Legionów Street, 42-200 Częstochowa, KRS: 0001089546, NIP: 9492245745, REGON: 387534776.
Goods - A product presented by the Seller on the Platform which may be the subject of a Contract.
Contract - A sales agreement or any other contract concluded with the Seller, regardless of the title used by the parties.
Service - A service provided electronically by the Seller to the Customer within the meaning of the Act on the Provision of Electronic Services.
Act on the Provision of Electronic Services - The Act of 18 July 2002 on the Provision of Electronic Services.
Order - A declaration of intent submitted to the Seller by the Customer to conclude a Contract, specifying in particular the number and type of Goods selected from the Goods presented on the Platform.

II. General Provisions and Use of the Platform

These Terms and Conditions define the general rules, terms, and procedures for placing Orders via the Platform, as well as the terms and conditions for the provision of Services by the Seller through the Platform.
The Terms and Conditions are continuously available on the Platform under the 'Terms and Conditions’ tab in a manner that allows for their reproduction, acquisition, and saving on a data carrier at any time.
All rights to the Platform, including proprietary copyrights, intellectual property rights to its name, domain, website, and any templates, forms, or logos posted on the Platform, belong to the Seller. Use of these elements may occur only as specified in these Terms and with the written consent of the Seller.
The Seller makes every effort to ensure that internet users can use the Platform, including performing all actions intended for browsing content or other activities defined by the Terms, using all popular browsers, operating systems, device types, and internet connections.
The minimum technical requirements to use the Platform are: a) a computer or mobile device with Internet access, b) a web browser: Internet Explorer 11+, Chrome 66+, Firefox 60+, Opera 53+, or Safari 5+, c) JavaScript enabled.
It is not necessary to register or create an Account on the Platform to submit an inquiry or place an Order online.
The Seller also allows alternative methods of placing Orders, which are defined in the Seller's General Terms and Conditions of Sale.
In order to place an Order or use certain Services available on the Platform, the Customer must have an active email account.
The Seller informs that the public nature of the Internet and use of electronic services may pose risks of unauthorised data access or alteration, and malware. Customers should use appropriate technical safeguards, such as antivirus and identity protection software, and firewall systems.
The Seller uses cookies, which are saved on the Customer's end device when using the Platform. Cookies ensure proper operation of the Platform and do not damage the device or alter its configuration. Customers may disable cookies in their browser, though this may limit or prevent Platform usage.
Customers are prohibited from submitting unlawful content or using the Platform or the Seller's free services in violation of law, good practices, or the personal rights of others.

III. Terms of Service

Through the Platform, the Seller provides free Services to Customers, available 24/7.
Customers can create an Account by completing the required fields in the registration form and submitting it via the Platform.
During registration, Customers can read and accept the Terms by checking the appropriate box.
Customers may optionally consent to the processing of their personal data for marketing purposes. The Seller will inform about the purpose and recipients of such data.
Marketing consent is not required to use the Account service. Consent can be withdrawn at any time via an appropriate Customer statement to the Seller, including by email.
After submitting the form, the Customer receives a confirmation email. At that point, the agreement for electronic Account services is concluded, and the Customer can access and manage their Account.
The Account service agreement is indefinite and may be terminated by the Customer requesting account deletion. The Seller may terminate the agreement if the Customer is inactive (no logins or orders) for 3 years.
Customers can send messages to the Seller via the contact form. This service agreement is temporary and ends upon sending the message.
From the product page, Customers can contact the Seller using the 'Ask about product’ form. This service ends once the message is sent.
Customers may subscribe to the Newsletter to receive commercial content. To do so, they must enter their email or select the appropriate option when placing an Order. Subscription can be cancelled at any time via a dedicated link or request.
The Seller may run promotions, discounts, or contests. Their conditions will be published on the Platform. Promotions cannot be combined unless stated otherwise.
The Seller does not charge for communication using remote means. Customers bear only standard operator costs.

IV. ORDER PLACEMENT AND CONTRACT CONCLUSION

The Seller sells exclusively to registered Entrepreneurs. Orders from Consumers and Entrepreneurs with Consumer rights are not accepted.
To successfully place an Order, it is necessary to confirm having read and accepted the Terms and Conditions and the GTS.
Placing an Order through the Platform is equivalent to acknowledging and accepting the Terms and Conditions and the General Terms and Conditions of Sale in effect at the Seller at the time of placing the Order.
Buyers who operate as sole proprietors must submit a statement to the Seller before placing an Order that the contract concluded with the Seller is made for business or professional purposes.
The content on the Platform should be treated solely as an invitation to conclude a contract as defined by Article 71 of the Civil Code and not as a binding offer. It becomes binding only upon confirmation of the Order by the Seller, at which point the Contract is concluded.
To place an Order, products must be added to the quotation request and the instructions displayed on the Platform must be followed.
Placing an Order constitutes an offer by the Client to conclude a Contract with the Seller in accordance with the content of the Order.
The Seller reserves up to 7 business days from receipt of the Order to confirm or reject it. If not confirmed within this time, the Order is deemed rejected.
The Seller confirms acceptance of the Order via email sent to the address provided during Order placement or in the login data.
Upon Order confirmation, the Seller sends the Client an email confirming the Order has been accepted for processing, which constitutes acceptance of the Client's offer. The Contract is concluded upon receipt of this confirmation.
The Contract is concluded in Polish, in accordance with the Terms and the GTS. Contracts with foreign Entrepreneurs may be concluded in English.
Detailed rules for placing Orders and concluding Contracts with the Seller not covered in these Terms are specified in the Seller's General Terms and Conditions of Sale

V. DELIVERY, PRICES AND AVAILABLE PAYMENT METHODS

The prices provided by the Seller are net prices. VAT will be added at the rate applicable at the time the Order is placed. Prices do not include delivery costs.
The Seller offers the following delivery methods:
a) Personal pickup at the company headquarters
(b) Courier delivery
c) Pallet shipment
It is possible for the Buyer to organise courier pickup after agreeing on the terms and schedule with the Seller outside the Platform.
Detailed provisions on delivery methods, delivery costs, and available payment options are defined in the General Terms and Conditions of Sale.

VI. RETURNS, WARRANTIES AND COMPLAINTS REGARDING GOODS

Provisions regarding returns, warranty, and complaints are governed by the General Terms and Conditions of Sale in effect at the Seller.

VII. COMPLAINTS REGARDING ELECTRONICALLY PROVIDED SERVICES

The Client may file complaints with the Seller regarding improper service, failure to provide services specified in the Terms, or Platform malfunction.
Complaints can be submitted to: BUGAŁA MANUFACTURING sp.k., 98 Legionów Street, 42-200 Częstochowa, email: info@bugala.pl, phone: 34 360 23 83 (landline) or +48 607 977 990 (mobile), Monday to Friday, 8:00-16:00.
The complaint should include the Entrepreneur's details, mailing address, and a description of the issue.
The Seller will process the complaint within 30 days.
If the complaint is incomplete, the Seller may request that the Client supplement the information within 7 days of receiving the request.

VIII. PERSONAL DATA PROTECTION

The Seller processes Customers’ personal data in accordance with applicable laws and the rules outlined in the Privacy Policy available on the Platform.

IX. RIGHTS AND OBLIGATIONS

It is prohibited to use the Platform's resources and functionalities to engage in activities that would infringe the Seller's interests. This includes, in particular, promoting another business or product, posting content unrelated to the Seller's business, or posting false or misleading content.
The Client is obliged to:
a) refrain from submitting or sharing content prohibited by law, such as content promoting violence, defamatory content, or content violating the personal rights or other rights of third parties;
b) use the Platform in a manner that does not disrupt its functionality, especially through the use of specific software or devices;
c) refrain from activities such as sending or placing unsolicited commercial information (spam) on the Platform;
d) use the Platform in a manner that does not inconvenience other Clients or the Seller;
e) use the Platform in accordance with the laws in force in the Republic of Poland, the Terms, and general principles of Internet use.
It is prohibited to post content through the Services mentioned in § 3 of the Terms that:
a) is published in bad faith, for example, with the intention to violate personal rights of third parties;
b) infringes any third-party rights, including copyrights, industrial property rights, trade secrets, or confidentiality obligations;
c) contains personal data of third parties or disseminates their images without the legally required consent;
d) is offensive or threatening to others, or contains language that violates decency standards (e.g., vulgarisms or commonly offensive terms);
e) otherwise violates the Terms, good manners, applicable law, or social norms.
If the Client violates the provisions of these Terms, the Seller may, after an ineffective request to cease or remedy the breach within a specified time, terminate the Service Agreement with 14 days’ notice.

X. FINAL PROVISIONS

Matters not regulated in these Terms are governed by the General Terms and Conditions of Sale (GTS) in effect at the Seller, and any matters not regulated in the GTS are governed by applicable Polish law, in particular the Civil Code.
The Terms accepted by the Buyer at the time of placing the Order shall apply throughout the fulfillment of the Order and the entire post-sale support period.
The invalidity or ineffectiveness of any provision of these Terms does not affect the validity and effectiveness of the remaining provisions. If any provision is found to be invalid or legally flawed, the remaining provisions shall remain in force to the fullest extent permitted by law. The Seller and the Buyer undertake to promptly replace such provisions with valid ones reflecting the purpose of the Agreement and the parties’ intentions.
The Seller reserves the right to amend these Terms.
All Orders accepted for processing before the new Terms come into effect are executed in accordance with the Terms applicable on the date the Order was placed.
Each Client will be informed of any changes to the Terms at least 7 days before the new Terms take effect, via email or a notice on the Platform's homepage, including a summary of changes and their effective date. Clients with an Account will also be informed via email.
If the Client does not accept the new Terms, they must notify the Seller within 14 days of receiving the change notice. Such notification will result in termination of the Account Service Agreement.
These Terms shall enter into force on 1 January 2025