Terms and Conditions

Terms and Conditions of the BLUR. Online Store

defining, among others, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store, and Consumer rights

TABLE OF CONTENTS

  1. Definitions
  2. Contact with the Seller
  3. Technical Requirements
  4. Shopping in the Store
  5. Payments
  6. Order Fulfillment
  7. Right of Withdrawal
  8. Exceptions to the Right of Withdrawal
  9. Complaints
  10. Personal Data
  11. Reservations
  12. Discount Codes
  13. Warranty
  14. Appendix No. 1: Template Withdrawal Form

1. DEFINITIONS

  • Business Days – days from Monday to Friday, excluding public holidays in Poland.
  • Civil Code – the Polish Act of 23 April 1964, Civil Code.
  • Consumer – a Buyer who is a natural person, purchasing in the Store or taking actions aimed at making a purchase, not directly related to their business or professional activity.
  • Account – a digital service regulated by a separate set of terms, within the meaning of the Consumer Rights Act, through which the Buyer can use additional features in the Store free of charge.
  • Buyer – any entity purchasing in the Store or taking actions aimed at making a purchase.
  • Privileged Buyer – a Consumer or Privileged Entrepreneur.
  • Privileged Entrepreneur – a Buyer who is a natural person, concluding or intending to conclude a contract with the Seller under these Terms, directly related to their business activity but not of a professional nature for them.
  • Terms – these Terms and Conditions.
  • Store – the BLUR. online store operated by the Seller at www.go-blur.com.
  • Seller – Tomasz Jeleń, entrepreneur conducting business activity under the company TMT Advisory Tomasz Jeleń, entered into the Central Registration and Information on Business run by the minister competent for economy, NIP 5272994483, REGON 521528775, ul. Jana Ostroroga 29/26, 01-163 Warsaw, Poland.
  • Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.

2. CONTACT WITH THE SELLER

  1. Postal address: ul. Jana Ostroroga 29/26, 01-163 Warsaw, Poland
  2. E-mail address: [email protected]
  3. Return address (in case of withdrawal): ul. Kłopot 4a/88, 01-066 Warsaw, Poland
  4. Address for sending a complained product: ul. Kłopot 4a/88, 01-066 Warsaw, Poland
  5. The cost of a phone call or data transmission made by the Buyer depends on the basic tariff of their telecommunications operator or Internet service provider. The Seller notes that the cost of an international call or international data transmission may be higher than that of a domestic one – depending on the tariff applied by the operator or provider used by the Buyer.

3. TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, the following are required:
    1. a device with Internet access
    2. a web browser supporting JavaScript and cookies.
  1. To place an order in the Store, in addition to the requirements set out in point 1, an active e-mail account is necessary.

4. SHOPPING IN THE STORE

  1. The product prices displayed in the Store are total prices for the product.
  2. The Seller points out that the total order price consists of the product price indicated in the Store and, if applicable, the delivery costs of the goods.
  3. The selected product to be purchased must be added to the cart in the Store.
  4. The Buyer then selects the delivery method and payment method for the order from the options available in the Store, and provides the data necessary to complete the order. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
  5. Placing an order is equivalent to concluding a contract between the Buyer and the Seller. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their details with each order.

5. PAYMENTS

  1. The following payment methods are available in the Store:
  2. by payment card:
    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro
  3. via payment platform:
    • Przelewy24
    • If the Buyer chooses prepayment, the order must be paid within 1 Business Day of placing the order.
  4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

6. ORDER FULFILLMENT

  1. The order processing time is indicated in the Store.
  2. If the Buyer has chosen prepayment, the Seller will start processing the order after payment has been made.
  3. If the Buyer purchased products with different delivery times in one order, the order will be fulfilled within the time appropriate for the product with the longest delivery time.
  4. Countries to which delivery is available:
    • Poland
    • Germany
    • Spain
    • Italy
    • Slovakia
    • Czech Republic
    • Austria
    • Netherlands
    • Belgium
    • Lithuania
    • Estonia
  5. The following delivery methods are available in the Store:
  6. by courier to the address indicated by the Buyer;
  7. to a parcel locker;
  8. to a pickup point;
  9. to InPost parcel machines.

7. RIGHT OF WITHDRAWAL

  1. The privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason. The withdrawal period expires after 14 days from the day:
  2. on which the privileged Buyer acquired possession of the goods, or on which a third party other than the carrier and indicated by the privileged Buyer acquired possession of the goods; b. on which the privileged Buyer acquired possession of the last good, batch, or part, or on which a third party other than the carrier and indicated by the privileged Buyer acquired possession of the last good, batch, or part, in the case of a contract for the transfer of ownership of multiple goods delivered separately, in batches, or in parts.
  3. To exercise the right of withdrawal, the privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or email).
  4. The privileged Buyer may use the withdrawal form template provided at the end of the Terms and Conditions, but this is not mandatory.
  5. To meet the withdrawal deadline, it is sufficient for the privileged Buyer to send information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL

  1. In the event of withdrawal from the contract, the Seller shall refund to the privileged Buyer all payments received, including the cost of delivery (except for additional costs resulting from the delivery method chosen by the privileged Buyer other than the cheapest standard delivery method offered by the Seller), without delay and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer’s decision to exercise the right of withdrawal.
  2. The refund will be made using the same payment methods as those used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution. In any case, the privileged Buyer will not incur any fees in connection with this refund.
  3. Unless the Seller has offered to collect the goods themselves, they may withhold the refund until they have received the goods or until the privileged Buyer has supplied evidence of having sent back the goods, whichever occurs first.
  4. The Seller requests that goods be returned to the following address: ul. Kłopot 4a/88, 01-066 Warsaw, Poland, without delay and in any event not later than 14 days from the day on which the privileged Buyer informed the Seller of their withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the period of 14 days has expired.
  5. The privileged Buyer shall bear the direct cost of returning the goods.
  6. The privileged Buyer is only liable for any diminished value of the goods resulting from handling them other than what is necessary to establish the nature, characteristics, and functioning of the goods. If, due to their nature, the goods cannot normally be returned by post, the privileged Buyer will also have to bear the direct cost of returning them. The estimated cost of returning such goods will be provided by the Seller in the product description in the Store or during the ordering process.
  7. In the event of a refund of a transaction made by the privileged Buyer using a payment card, the Seller will make the refund to the bank account linked to that payment card.

8. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a distance contract, referred to in § 7 of the Terms and Conditions, does not apply to a contract:
  2. where the subject of performance is a non-prefabricated good, produced according to the specifications of the privileged Buyer or serving to satisfy their individual needs; b. where the subject of performance is goods that are liable to deteriorate rapidly or have a short shelf life;
  3. where the subject of performance is goods delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery; In the case of BLUR sonic toothbrushes, for hygiene reasons, product returns are only possible if the packaging has not been opened after delivery (i.e. the external film has not been removed). Once the packaging has been opened, the right of withdrawal no longer applies – in accordance with Article 38(5) of the Consumer Rights Act.
  4. where the subject of performance is goods which, after delivery, by their nature, are inseparably mixed with other items;
  5. where the subject of performance is sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery; f. for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts;
  6. where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the withdrawal period has expired.

9. COMPLAINTS

I. GENERAL PROVISIONS

  1. The Seller is liable to the privileged Buyer for the conformity of the performance with the contract, as provided by generally applicable law, in particular the provisions of the Consumer Rights Act.
  2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  3. If a product is covered by a warranty, information about it, as well as its terms, is available in the Store.
  4. The Seller will respond to complaints within 14 days of their receipt.

II. PRIVILEGED BUYERS

A. Goods
  1. In the event of non-conformity of goods with the contract, the privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
  2. The Seller is liable for any lack of conformity of the goods with the contract existing at the time of delivery and revealed within two years thereafter, unless a longer period of usability has been specified by the Seller, its legal predecessors, or persons acting on their behalf.
  3. Under the provisions of the Consumer Rights Act, in the event of non-conformity, the privileged Buyer may request:
    1. replacement of the goods,
    2. repair of the goods.
  4. Additionally, the privileged Buyer may submit a declaration of:
    1. price reduction,
    2. withdrawal from the contract, in situations where:
      • the Seller has refused to bring the goods into conformity with the contract pursuant to Article 43d(2) of the Consumer Rights Act;
      • the Seller has not brought the goods into conformity with the contract pursuant to Article 43d(4–6) of the Consumer Rights Act;
      • the lack of conformity of the goods persists despite the Seller’s attempt to bring them into conformity with the contract;
      • the non-conformity is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures referred to in Article 43d of the Consumer Rights Act;
      • from the Seller’s statement or the circumstances it is clear that the goods will not be brought into conformity within a reasonable time or without excessive inconvenience to the privileged Buyer.
      • In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The Seller shall collect the goods from the privileged Buyer at their own expense.
  5. The privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
  6. In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall promptly return the goods to the Seller at the Seller’s expense, to the address ul. Kłopot 4a/88, 01-066 Warsaw, Poland. The Seller shall refund the price to the privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
  7. The Seller shall return to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the privileged Buyer’s declaration of price reduction.
B. Out-of-court complaint handling and redress
  1. The Seller informs the Consumer about the possibility of using out-of-court complaint handling and redress procedures. The rules of access to these procedures are available at the offices or websites of entities authorized to handle consumer disputes. The Consumer may, in particular, use:
    • the assistance of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of the Consumer Centres relevant to each country is available at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr – however, the possibility of filing complaints via the ODR platform will expire on 20 March 2025.
    • In the territory of the Republic of Poland, the following forms of support are available:
      mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a mediation request should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
      assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request should be submitted for the case to be heard by the arbitration court. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
  2. The previous provision is for information purposes only and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution procedures.
  3. The use of out-of-court complaint handling and redress is voluntary for both the Seller and the Consumer.
  4. The Consumer may also use the free assistance of a municipal or district consumer ombudsman.

III. BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In the event of a defect in the goods, a Buyer other than a privileged Buyer may file a complaint about the defective goods on the basis of the warranty regulated in the Civil Code.
  2. With regard to a Buyer other than a privileged Buyer, the Seller is liable under the warranty if a physical defect is discovered within two years from the date the goods were delivered to the Buyer.
  3. According to the Civil Code, a Buyer who is an entrepreneur other than a privileged Entrepreneur loses the rights under the warranty if he did not examine the goods in the time and manner customary for goods of this kind and did not immediately notify the Seller of the defect, and if the defect became apparent only later – if he did not notify the Seller immediately after discovering it. Sending the notification before the expiry of the above period is sufficient to meet the deadline.
  4. When exercising warranty rights, a Buyer other than a privileged Buyer may, under the principles provided for in the Civil Code:
  5. submit a declaration of price reduction,
  6. in the case of a significant defect – submit a declaration of withdrawal from the contract,
  7. request replacement of the goods with defect-free goods,
  8. request removal of the defect.
  9. If it turns out that delivering the defective goods to the Seller is necessary for the complaint to be processed, the Buyer other than a privileged Buyer is obliged to deliver the goods to the following address: ul. Kłopot 4a/88, 01-066 Warsaw, Poland.

10. PERSONAL DATA

  1. The controller of the personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases for processing, as well as data recipients – is included in the privacy policy available in the Store, pursuant to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.
  2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The legal basis for processing personal data in this case is:
    • a contract or actions taken at the Buyer’s request prior to entering into a contract (Article 6(1)(b) GDPR),
    • a legal obligation imposed on the Seller, particularly in relation to accounting and product safety (Article 6(1)(c) GDPR), and the legitimate interest of the Seller consisting of processing data for the establishment, exercise or defense of potential claims (Article 6(1)(f) GDPR).
  3. Providing data by the Buyer is voluntary, but necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
  4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
    • the contract concluded between the Buyer and the Seller ceases to be in force;
    • the Seller is no longer legally obliged to process the Buyer’s data;
    • the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded via the Store expires;
    • an objection by the Buyer to the processing of his/her personal data is accepted – if the basis for data processing was the legitimate interest of the Seller – depending on which circumstance applies.
  1. The Buyer has the right to request:
    • access to his/her personal data,
    • rectification,
    • erasure,
    • restriction of processing,
    • data portability to another controller, as well as the right to:
    • object at any time, for reasons related to the Buyer’s particular situation, to the processing of his/her personal data based on Article 6(1)(f) GDPR (i.e. legitimate interests pursued by the Seller).
  2. To exercise his/her rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
  3. If the Buyer considers that his/her data is processed unlawfully, he/she may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office (PUODO).

11. RESERVATIONS

  1. It is prohibited for the Buyer to provide unlawful content.
  2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the duration and purpose of fulfilling the order.
  3. All agreements concluded under these Terms and Conditions are subject to Polish law, subject to paragraph 4.
  4. The choice of Polish law for agreements concluded under the Terms and Conditions with a Consumer does not exclude or limit the rights of that Buyer arising from mandatory provisions of law applicable to the Consumer in cases where no choice of law has been made. This means, in particular, that if the applicable national regulations for a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law – such broader protection applies.
  5. Agreements concluded under the Terms and Conditions are concluded in the Polish language.
  6. In the event of a dispute with a Buyer who is not a privileged Buyer, related to an agreement concluded via the Store, the competent court shall be the court with jurisdiction over the Seller’s registered office.

12. Discount Codes

  1. The Seller may offer discount codes as part of promotional campaigns, e.g. for subscribing to the newsletter or participating in a referral program (“refer a friend”).
  2. Discount codes are for one-time use, unless the conditions of a given promotion provide otherwise.
  3. Each discount code may be used only during its validity period, but no longer than within 6 months from the date of receipt.
  4. The Seller reserves the right to limit the validity of discount codes, in accordance with the terms of the promotion described in marketing materials (e.g. on the website, in the newsletter, in social media or other communication channels).
  5. Discount codes are not exchangeable for cash or refundable.
  6. Codes cannot be combined with other promotions or discount codes, unless explicitly stated otherwise.

13. Warranty

  1. Products offered in the Store are covered by a 12-month warranty, starting from the date of delivery of the product to the Buyer.
  2. The warranty covers manufacturing defects of the device that prevent its proper use in accordance with its intended purpose.
  3. The warranty does not cover:
    • mechanical damage (e.g. caused by a fall),
    • damage resulting from improper use, cleaning, or storage,
    • normal wear and tear of consumable parts (e.g. toothbrush heads),
    • interference with the device by unauthorized persons or non-authorized service centers.
  4. In case of a defect covered by the warranty, the Buyer should contact the Seller via e-mail: [email protected] to file a claim and obtain further instructions.
  5. The Seller may ask the Buyer to send photos or videos showing the defect, and in some cases to return the product at the Seller’s expense.
  6. Upon positive verification of the claim, the Seller undertakes to:
    • repair the device, or
    • replace it with a new unit, or
    • refund the payment – if repair or replacement is not possible.
  7. The warranty does not exclude, limit, or suspend the rights of the Consumer arising from statutory provisions on warranty for defects of sold goods, if applicable.

 

Annex No. 1 to the Terms and Conditions

Below is a template withdrawal form, which the Consumer or the Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

TMT Advisory Tomasz Jeleń

  1. Jana Ostroroga 29/26, 01-163 Warsaw, Poland

e-mail address: [email protected]

– I/We(*) …………………………………………………………… hereby give notice of my/our withdrawal from the sales contract for the following goods(*) / for the provision of the following service(*):

………………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………… – Date of conclusion of the contract(*) / receipt(*)

………………………………………………………………………………………………………………………………………………………… – Name of Consumer(s) / Privileged Entrepreneur(s):

………………………………………………………………………………………………………………………………………………………… – Address of Consumer(s) / Privileged Entrepreneur(s):

………………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………

Signature of Consumer(s) / Privileged Entrepreneur(s)

(only if this form is submitted on paper)

Date ……………………………………..

(*) Delete as appropriate.

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