Terms and Conditions
1. General
1.1. The Online Store available at the web address www.bigcards.eu is operated by BIG CARDS limited liability company, located at Ks. Piotra Skargi 22 lokal 4, 50-082 Wrocław, Tax Identification Number (NIP): 7812055408, National Official Business Register (REGON): 526092727, National Court Register (KRS): 0001052598 registered by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register.
1.2. This Regulation is addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Regulation provides otherwise.
1.3. The Administrator of personal data processed in the Online Store in connection with the implementation of the provisions of this Regulation is the Seller. Personal data are processed for the purposes, for the period and on the basis of the principles indicated in the privacy policy published on the Online Store’s website. The privacy policy primarily includes rules regarding the processing of personal data by the Administrator in the Online Store, including the legal basis, purposes, and period of processing personal data, the rights of individuals whose data is processed, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the User or Customer using the Online Store is voluntary, subject to exceptions indicated in the privacy policy (conclusion of a contract and legal obligations of the Seller).
1.4. Definitions: 1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the conditions of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has legal capacity – who has entered into or intends to enter into a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, designated by an individual e-mail address (e-mail address) and password provided by the Service Recipient, a set of resources in the ICT system of the Service Provider in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, enabling all users to automatically receive from the Service Provider successive editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. PRE-ORDER PRODUCT – a Product, in the case of which the execution of the Sales Agreement begins only with the date of the official premiere of the Product in the Online Store. The Pre-Order Product is marked on the Online Store’s website as “Pre-sale” or with another equivalent notation, along with the planned date of its official premiere as per the information received by the Seller from the manufacturer of the Product.
1.4.10. REGULATIONS – these regulations of the Online Store.
1.4.11. ONLINE STORE – the online store of the Service Provider available at the web address: www.bigcards.eu.
1.4.12. SELLER, SERVICE PROVIDER – BIG CARDS limited liability company, located at Ks. Piotra Skargi 22 lokal 4, 50-082 Wrocław, Tax Identification Number (NIP): 7812055408, National Official Business Register (REGON): 526092727, National Court Register (KRS): 0001052598 registered by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register.
1.4.13. SALES AGREEMENT – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller via the Online Store.
1.4.14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
1.4.15. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has legal capacity – using or intending to use the Electronic Service.
1.4.16. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.17. ORDER – a Customer’s declaration of intent submitted using the Order Form and directly aimed at concluding a Sales Agreement for a Product with the Seller.
1.4.18. BREAK – The term “break” refers to the procedure aimed at collecting collector cards. The Customer selects specific teams, players, or random packs from the set to observe the real-time card opening process, to verify their contents, and possibly enrich their own collection. “Break” provides an opportunity to familiarize yourself with.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. In the Online Store, the following Electronic Services are available: Account, Order Form, and Newsletter.
2.1.1. Account – using the Account is possible after the User completes two consecutive steps – (1) filling out the Registration Form and (2) clicking the “Save” button. In the Registration Form, the User must provide the following data: full name, email address, and password. An Account can also be created when placing an Order – in this case, upon placing the Order, the Account is created.
2.1.1.1. The Electronic Service Account is provided free of charge for an indefinite period. The User has the option to delete the Account (unsubscribe from the Account) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular via email to: support@bigcards.eu or in writing to the address: Ks. Piotra Skargi 22 lokal 4, 50-082 Wrocław
2.1.2. Order Form – using the Order Form begins with the Customer adding the first Product to the electronic shopping cart in the Online Store. Placing an Order occurs after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the “Place Order with an obligation to pay” button on the Online Store’s website after completing the Order Form – until this moment, there is a possibility of independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Online Store’s website). In the Order Form, the Customer must provide the following data: full name, address (street, house/apartment number, postal code, city), email address, contact phone number, and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of Product/s delivery, payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).
2.1.2.1. The Electronic Service Order Form is provided free of charge and has a one-time nature, ending with the submission of the Order through it or with the Customer’s earlier discontinuation of placing the Order through it.
2.1.3. Newsletter – subscribing to the Newsletter involves three consecutive steps by the User – (1) providing an email address in the “Newsletter” tab visible on the Online Store’s website, where subsequent editions of the Newsletter are to be sent, (2) clicking the action button, and (3) confirming the intention to subscribe to the Newsletter by clicking the confirmation link sent automatically to the provided email address. The Newsletter can also be subscribed to by checking the appropriate checkbox when creating an Account or placing an Order – in this case, upon creating an Account or placing an Order, the User is subscribed to the Newsletter.
2.1.3.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The User has the option to unsubscribe from the Newsletter (unsubscribe from the Newsletter) at any time and without giving a reason by sending an appropriate request to the Service Provider, in particular via email to: support@bigcards.eu or in writing to the address: Ks. Piotra Skargi 22 lokal 4, 50-082 Wrocław.
2.2. The technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1920×1080; (5) enabling the option to save Cookies files and support for Javascript in the Internet browser.
2.3. The User is obliged to use the Online Store in accordance with the law and good practices, taking into account the respect for personal rights as well as copyrights and intellectual property rights of the Service Provider and third parties. The User is obliged to provide data consistent with the factual state. The User is prohibited from providing content of an unlawful nature.
2.4. The complaint procedure for Electronic Services is specified in point 6 of the Regulations.
3. CONDITIONS OF SALE AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product or the remuneration for the Product displayed on the website of the Online Store is given in Polish zlotys and includes taxes. The Customer is informed about the total price or remuneration with taxes, and when the nature of the Product does not allow, reasonably estimating, for the earlier calculation of their amount – the way in which they will be calculated, as well as about the delivery costs (including fees for transport, delivery or postal services) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the website of the Online Store, including when placing an Order and at the moment of expressing the will by the Customer to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form:
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. Upon placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution occurs by the Seller sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement, which contains at least the Seller’s statements regarding the receipt of the Order, its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. Upon receiving the above-mentioned e-mail message by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The recording, securing, and making available to the Customer the content of the concluded Sales Agreement is done by (1) making this Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message as described in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
3.5. In accordance with the universally applicable provisions of law, the Sales Agreement expires when the performance by the Seller, which is the subject of the Customer’s Order, becomes impossible, in particular due to reasons beyond the Seller’s control. The impossibility of performance may consist in the Seller not being able to deliver the Product according to the Order due to reasons such as the unavailability of the Product on the market and the inability to obtain it. The Seller informs the Customer immediately about the expiration of the Sales Agreement due to subsequent impossibility of performance and refunds the payments made by the Customer.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the following payment methods for the Sale Agreement:
4.1.1. Electronic payments, payment by debit/credit card via the STRIPE service.
4.2. The indicated payment methods may not be available for all Products at the same time. Current information about available payment methods is determined each time, no later than during the Order placement by the Customer.
4.3. Payment deadline:
4.3.1. In the case of payment by bank transfer, electronic payments, or debit/credit card chosen by the Customer, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sale Agreement.
5. COST, DELIVERY METHODS AND TERMS, AND PRODUCT PICKUP
5.1. Delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. The costs of delivering the Product (including fees for transportation, delivery, and postal services) are indicated to the Customer on the Internet Store’s pages in the delivery cost information tab and during the Order placement, including at the time the Customer expresses the will to be bound by the Sales Agreement.
5.2. The Seller provides the Customer with the following delivery or pickup methods for the Product:
5.2.1. DHL courier shipment.
5.4. The specified delivery or pickup methods may not be available for all Products at the same time. Current information on available delivery or pickup methods is determined each time no later than when placing the Order by the Customer.
5.5. The delivery term of the Product to the Customer is up to 7 Business Days, unless a shorter term is provided in the description of the given Product or during Order placement. In the case of Products with different delivery times, the delivery term is the longest specified term, which, however, cannot exceed 7 Business Days. The start of the delivery term of the Product to the Customer is counted as follows:
5.5.1. In the case of the Customer choosing payment methods such as electronic payments or by credit card – from the day of crediting the Seller’s bank account or clearing account.
5.5.2. In the case of the Customer choosing cash payment on delivery – from the day of concluding the Sales Agreement.
5.6. In the case of a Pre-Premiere Product, the delivery or readiness term of the Product for pickup starts at the earliest from the day of the Product’s release for sale in the Internet Store, according to the Product’s premiere date specified each time in the description of the Pre-Premiere Product on the Internet Store’s page. In the case of an Order that includes several Pre-Premiere Products, the delivery or readiness term of the Product for pickup starts at the earliest when all of the ordered Products are released for sale in the Internet Store according to the presented premiere date for each of them.
5.6.1. The premiere date specified on the Internet Store’s page is a date established by the manufacturer, which is an independent third party in relation to the Seller. In the event of a change in the premiere date due to reasons beyond the Seller’s control, the Customer is promptly informed by the Seller. Regardless of other legally provided means, the Customer has rights specified in point 5.8 of the Regulations, including the right to withdraw from the agreement.
5.6.2. In the event that the Seller receives from the manufacturer a delivery of a Pre-Premiere Product in a quantity insufficient to fulfill all Orders, the Seller will fulfill the Orders in the order of their receipt for processing. Regarding Orders that cannot be fulfilled, the Seller will immediately inform the Customers about the impossibility of delivering the Product within the specified term. Regardless of other legally provided means, the Customer has rights specified in point 5.8 of the Regulations, including the right to withdraw from the agreement.
5.6.3. In the case of limited availability of the Pre-Premiere Product, as mentioned in point 5.6.2 above, the Seller may also allocate the Pre-Premiere Product among processed Orders (i.e., limiting the quantity of the Product for each Order to ensure the fulfillment of the maximum number of Orders). Customers subject to allocation will receive a refund of the amount paid proportionally to the quantity of Product that their Order has been restricted to. Additionally, the Customer will be informed before Order fulfillment about the planned allocation and will have the option to choose whether they are interested in receiving the limited quantity of the Pre-Premiere Product or wish to withdraw from the agreement and receive a full refund for the Order.
6. PROCEDURE FOR HANDLING COMPLAINTS
6.1. This point 6 of the Regulations defines the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services, and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint can be submitted, for example:
6.2.1. in writing to the address: Ks. Piotra Skargi 22 lokal 4, 50-082 Wrocław;
6.2.2. electronically via email to the address: support@bigcards.eu.
6.3. The dispatch or return of the Product within the complaint procedure can be made to the address: ul. Mińska 38/201, 54-610 Wrocław.
6.4. It is recommended to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of conformity with the contract; (2) the request for how to bring it into compliance with the contract or a statement of a price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant – this will facilitate and expedite the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. In the event of a change in the contact details provided by the complainant during the consideration of the complaint, the complainant is obliged to notify the Seller thereof.
6.6. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also request the complainant to provide additional information or evidence (e.g., photos) if this will facilitate and expedite the consideration of the complaint by the Seller.
6.7. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are determined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Below are additional details regarding the liability of the Seller provided for by law for the conformity of the Product with the Sales Agreement:
6.8.1. In the case of a complaint about a Product purchased by the Customer based on a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, in particular Articles 556-576 of the Civil Code, apply. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for a Product purchased in accordance with the previous sentence from the Seller by a Customer who is not a consumer is excluded.
6.8.2. In the case of a complaint about a Product purchased by the Customer based on a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act, apply. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be provided for the Product – this is contractual (additional) liability and can be used when a given Product is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed conditions regarding liability under the warranty, including the data of the entity responsible for warranty enforcement and the entity entitled to benefit from it, are available in the warranty description, e.g., in the warranty card or in another place regarding warranty provision. The Seller points out that in the event of non-compliance of the Product with the contract, the Customer is entitled to legal remedies at the Seller’s expense by operation of law and that the warranty does not affect these legal remedies.
6.10. The provisions of point 6.8.2 of the Regulations regarding the consumer also apply to the Customer who is a natural person entering into an agreement directly related to its business activity when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
7.EXTRAJUDICIAL METHODS OF COMPLAINT RESOLUTION AND CLAIMS ENFORCEMENT, AS WELL AS THE PRINCIPLES OF ACCESS TO THESE PROCEDURES
7.1. Out-of-court dispute resolution methods include (1) facilitating reconciliation between the parties, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) adjudicating the dispute and imposing a resolution on the parties, e.g., through arbitration (alternative dispute resolution). Detailed information regarding the possibilities for consumers to use out-of-court complaint resolution methods and claims enforcement, as well as the principles of access to these procedures and a user-friendly search engine for entities dealing with alternative dispute resolution, are available on the website of the Office of Competition and Consumer Protection at https://polubowne.uokik.gov.pl/.
7.2. There is a contact point operating under the President of the Office of Competition and Consumer Protection, whose task includes providing consumers with information regarding out-of-court resolution of consumer disputes. Consumers can contact the contact point: (1) by phone – by calling +48 22 55 60 332 or +48 22 55 60 333; (2) by email – by sending a message to kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. Consumers have the following examples of options for using out-of-court complaint resolution methods and claims enforcement: (1) submitting a request for dispute resolution to a permanent consumer arbitration court; (2) filing a request for out-of-court dispute resolution with the provincial inspector of the Trade Inspection; or (3) seeking assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, Polish Consumer Association). Advice is provided, among other methods, via email at porady@dlakonsumentow.pl and through the consumer helpline at 801 440 220 (open on business days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator’s tariff).
7.4. The internet platform for the online dispute resolution system between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with comprehensive support for consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales agreements or service contracts (more information on the platform’s website or at the Office of Competition and Consumer Protection website: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. The right of withdrawal from the contract
8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.9 of the Regulations. Sending the statement before the deadline expires is sufficient to meet the deadline. The declaration of withdrawal from the contract can be made, for example:
8.1.1. in writing to the address: Ks. Piotra Skargi 22 lokal 4, 50-082 Wrocław;
8.1.2. electronically via email to the address: support@bigcards.eu.
8.2. The return of the Product as part of withdrawal from the contract may be made to the address: Mińska 38/201, 54-610 Wrocław
8.3. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is also available in point 12 of the Regulations. The consumer may use the withdrawal form template, but it is not mandatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller delivers the Product, transferring its ownership – from the date the consumer or a third party designated by them other than the carrier acquires the physical possession of the Product, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches or in parts – from the date the consumer or a third party designated by them acquires physical possession of the last Product, batch, or part, or (2) consists of regular delivery of Products for a specified period – from the date the consumer or a third party designated by them acquires physical possession of the first of the Products;
8.4.2. for other contracts – from the date of entering into the contract.
8.5. In the event of withdrawal from a distance contract, the contract is considered not concluded.
8.6. The Seller is obliged to refund all payments made by the consumer, including the costs of delivering the Product (except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store), without undue delay and no later than within 14 calendar days from the day on which the Seller receives the consumer’s statement of withdrawal from the contract. The Seller will make the refund using the same payment method as used by the consumer, unless the consumer has expressly agreed to another method of refund that does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund until they have received the Product back or until the consumer has provided evidence of returning the Product, whichever occurs first.
8.7. The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, without undue delay and no later than within 14 calendar days from the date of withdrawal from the contract, unless the Seller has offered to collect the Product themselves. The deadline is met if the Product is sent back before the expiry of the 14-day period.
8.8. The consumer is liable for any diminished value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8.9. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
8.9.1. If the consumer has chosen a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the consumer for the additional costs incurred.
8.9.2. The consumer bears the direct costs of returning the Product.
8.9.3. In the case of a Product being a service, the performance of which – at the consumer’s express request – began before the expiry of the withdrawal period, if the consumer exercises their right of withdrawal from the contract after making such a request, they are obliged to pay for the services provided until the withdrawal from the contract. The amount to be paid is calculated proportionally to the scope of the service provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.10. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
8.10.1. (1) for the provision of services, if the consumer is required to pay a price for them, and if the Seller has fully performed the service with the express prior consent of the consumer, who was informed before the service began that they would lose the right of withdrawal from the contract after the service had been fully performed by the Seller, and who accepted it; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) where the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy their individual needs; (4) where the subject of the service is a perishable Product or a Product with a short shelf life; (5) where the subject of the service is a Product delivered in a sealed package that cannot be returned once opened due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service is Products that, by their nature, are inseparably mixed with other movable items after delivery; (7) where the subject of the service is alcoholic beverages, the price of which was agreed upon when concluding the Sales Agreement and which can be delivered only after 30 days, and whose value depends on fluctuations in the market over which the Seller has no control; (8) where the consumer has expressly requested the Seller to come to them for urgent repair or maintenance work; if the Seller also provides other services than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the right of withdrawal from the contract applies to the additional services or Products; (9) where the subject of the service is digital content not supplied on a tangible medium, for which the consumer is required to pay a price, if the Seller commenced the performance with the express prior consent of the consumer, who was informed before the commencement of the performance that they would lose the right of withdrawal from the contract after the Seller’s performance, and who acknowledged it, and the Seller provided the consumer with confirmation referred to in Art. 15 (1) and (2) or Art. 21 (1) of the Consumer Rights Act; (10) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision; (11) for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts; (12) concluded through a public auction; (13) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision; (14) for the supply of newspapers,
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. This point 9 of the Regulation and all provisions contained therein are directed and thus binding exclusively on the Customer or the Service Recipient who is not a consumer. Furthermore, as of January 1, 2021, and for agreements concluded from that date, this point of the Regulation and all provisions contained therein are not directed and thus do not bind the Customer or the Service Recipient who is a natural person concluding an agreement directly related to their business activity, if it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject matter of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity, unless the application of the provisions contained in this point of the Regulation is not prohibited for these persons.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can occur without stating a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under warranty for the Product or lack of conformity of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to complaints within 30 calendar days from the date of their receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, however, not exceeding the amount of one thousand Polish zlotys. The monetary limitation referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or claims unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical foreseeable damages at the time of conclusion of the contract and is not liable for lost profits. The Seller is also not liable for delays in the delivery of the shipment.
9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient are subject to the jurisdiction of the court competent due to the Seller’s/Service Provider’s registered office.
10. BREAKS
10.1. The rules regarding “breaks” are clear-cut. The operator prepares sets of cards (closed boxes/boxes), and the Customer selects teams or players. Then, the live opening of the card sets (closed boxes/boxes) takes place, with each card associated with the team or player chosen by the Customer being handed over to the Customer. In the case of choosing a random pack, each sports card or Pokémon drawn by the operator goes to the Customer. Cards of higher value are appropriately secured in sleeves, top loaders, or one-touch holders.
10.2. Within BIG Cards, “breaks” are conducted as group events. It is worth emphasizing that only cards from teams or players purchased earlier in the BIG Cards store are received. It should be understood that there is no guarantee regarding pulling a card from the team or player chosen by the Customer. Any issues related to the condition of cards should be reported to the manufacturer.
10.3. Before joining any of the “breaks,” it is recommended to thoroughly understand and accept these terms and conditions. By purchasing a spot in one of the “breaks,” the Customer confirms that they have read and accepted these rules. It should be noted that there is no possibility of returning cards from “breaks.”
10.4. All “breaks” are livestreamed on the BIG Cards channel on the YOUTUBE platform.
10.5. All information regarding the dates and times of “breaks” is available in the “Breaks” section on the website www.bigcards.eu. In exceptional situations, such as unforeseen circumstances or the need to postpone or delay a “break,” a new date will be communicated to the Customer’s email address provided during the order placement. Efforts are always made to conduct the “break” as quickly as possible.
10.6. BIG Cards aims to provide a variety of “break” offerings to meet the needs of both novice collectors and advanced hobbyists. Participation costs in “breaks” may vary depending on the total value of the card set. It is worth noting that the costs of securing materials, such as sleeves, top loaders, or one-touch holders, are included in the participation costs of the “break.”
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend this Regulations for valid reasons, namely: changes in legal regulations; changes in methods or deadlines for payments or deliveries, subject to a legal or regulatory obligation; changes in the scope or form of provided Electronic Services; addition of new Electronic Services; the need to prevent unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients from fraud, malicious software, spam, data breaches, or other cyber threats – to the extent that these changes affect the implementation of the provisions of this Regulations.
11.2.2. Notification of proposed changes shall be sent at least 15 days before the effective date of these changes, with the reservation that a change may be introduced without observing the 15-day notification period in the event that the Service Provider: (1) is subject to a legal or regulatory obligation requiring a change to the Regulations in a way that prevents it from observing the 15-day notification period; or (2) must exceptionally change its Regulations to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Clients from fraud, malicious software, spam, data breaches, or other cyber threats. In the latter two cases mentioned in the preceding sentence, the changes shall take effect immediately, unless it is possible or necessary to apply a longer period for introducing the changes, of which the Service Provider shall inform each time.
11.2.3. In the case of continuous contracts (e.g., provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notification period for proposed changes. Such termination shall be effective within 15 days of receipt of the notification. In the case of entering into a continuous contract, the amended Regulations shall bind the Service Recipient if they have been properly notified of the changes, in accordance with the notification period before their introduction, and have not terminated the contract during this period. Additionally, at any time after receiving notification of the changes, the Service Recipient may accept the proposed changes and thus waive the continuation of the notification period. In the case of entering into a contract other than continuous contracts, changes to the Regulations shall not in any way affect the acquired rights of the Service Recipient before the effective date of the changes to the Regulations, especially changes to the Regulations shall not affect orders already placed or submitted, or contracts concluded, performed, or executed.
11.2.4. In the event that an amendment to the Regulations results in the introduction of any new fees or an increase in current ones, the consumer has the right to withdraw from the contract.
11.3. Matters not regulated in this Regulations shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of the generally applicable law.
11.4. This Regulations does not exclude provisions applicable in the consumer’s habitual residence country concluding a contract with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer protection granted to them under provisions that cannot be excluded by agreement.
