Terms of service

BORTEGO ONLINE STORE TERMS AND CONDITIONS

§1. General Provisions

  1. These Terms and Conditions define the rules for using the Bortego online store available at https://bortego.com, placing Orders, concluding Sales Agreements, using a Customer Account, electronic services provided by the Seller, as well as the rules for withdrawals and complaints.

  2. The online store is operated by:

JALIRUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

ul. Wokulskiego 1A/4
05-804 Pruszków
Poland

NIP: 5342593448
REGON: 382561308

E-mail: bortego.backpack@gmail.com
Phone: +48 729 606 534

hereinafter referred to as the "Seller".

  1. These Terms and Conditions are continuously available on the Store website in a manner enabling their acquisition, reproduction and storage.

  2. Customers are obliged to use the Store in accordance with applicable laws, these Terms and Conditions and good practices.

  3. The Sales Agreements concluded through the Store are governed by Polish law, subject to mandatory consumer protection provisions applicable in the Customer’s country of residence.

§2. Definitions

For the purposes of these Terms and Conditions:

  1. Store – the online store operated by the Seller at https://bortego.com.

  2. Seller – JALIRUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ.

  3. Customer – a natural person, legal entity, or organizational unit using the Store or purchasing Products.

  4. Consumer – a natural person acting for purposes outside their trade, business or profession.

  5. Business Customer with Consumer Rights – a sole trader entitled to consumer protection rights under applicable Polish law.

  6. Customer Account – an individual customer panel available after registration and login.

  7. Product – a movable item offered by the Seller through the Store.

  8. Sales Agreement – an agreement concluded between the Seller and the Customer through the Store.

  9. Order – the Customer’s declaration of intent aimed at concluding a Sales Agreement.

  10. Electronic Service – a service provided electronically by the Seller through the Store.

  11. Newsletter – an electronic service consisting of sending marketing and commercial information to the Customer’s e-mail address.

  12. Business Days – days from Monday to Friday excluding public holidays.

§3. Contact Information

  1. Customers may contact the Seller via:

a) E-mail: bortego.backpack@gmail.com

b) Telephone: +48 729 606 534

c) Contact form available on the Store website.

  1. The Seller makes every effort to ensure efficient communication with Customers.

  2. Responses to inquiries and requests are provided within a reasonable period appropriate to the nature of the matter.

  3. Telephone call costs are charged according to the Customer’s telecommunications operator tariff.

§4. Use of the Store and Technical Requirements

  1. The Seller makes every effort to ensure the proper functioning and availability of the Store.

  2. Using the Store requires:

a) a device with Internet access;

b) an up-to-date web browser supporting cookies and JavaScript;

c) an active e-mail account for selected Store services;

d) Internet access.

  1. The Seller uses cookies and similar technologies in accordance with the Privacy Policy and Cookie Policy.

  2. Customers are obliged to use the Store in a lawful manner and in accordance with these Terms and Conditions.

  3. Customers are prohibited from providing unlawful content, including content:

a) violating third-party rights;

b) containing offensive, vulgar or discriminatory material;

c) infringing intellectual property rights;

d) aimed at disrupting the operation of the Store.

  1. The Seller applies appropriate technical and organizational measures to protect data transmitted by Customers.

  2. The Seller informs Customers that the use of the Internet may involve risks associated with unauthorized access to data and therefore recommends using appropriate security measures.

§5. Electronic Services

  1. The Seller provides the following electronic services through the Store:

a) Customer Account;

b) Order placement functionality;

c) Contact form;

d) Newsletter;

e) Withdrawal form;

f) Other functionalities available within the Store.

  1. Electronic services are provided free of charge unless explicitly stated otherwise.

  2. The agreement for the provision of an electronic service is concluded when the Customer starts using the relevant functionality.

  3. Customers may discontinue using electronic services at any time.

  4. Complaints regarding electronic services may be submitted using the Seller’s contact details.

  5. Complaints concerning electronic services will be reviewed within 14 days of receipt.

§6. Customer Account

  1. Creating a Customer Account is voluntary and free of charge.

  2. Customers may place Orders both with and without creating a Customer Account.

  3. In order to create a Customer Account, the Customer must complete the registration form available in the Store and provide the required information.

  4. Upon successful registration, an agreement for the provision of an electronic service consisting of maintaining the Customer Account is concluded between the Customer and the Seller.

  5. The Customer is obliged to provide accurate, complete and up-to-date information.

  6. The Customer is responsible for maintaining the confidentiality of login credentials and for all activities performed using the Account.

  7. The Customer may delete the Account at any time by contacting the Seller or by using the available account management functionalities, if provided.

  8. The Seller may temporarily suspend or block access to a Customer Account if:

a) the Customer violates applicable laws;

b) the Customer violates these Terms and Conditions;

c) unauthorized access to the Account is suspected.

  1. Where possible, the Customer will be informed about any suspension or restriction of the Account.

§7. Newsletter

  1. Customers may subscribe to the Newsletter by providing their e-mail address and granting the required consent.

  2. The Newsletter service consists of sending commercial, marketing and promotional information concerning the Bortego brand and the Seller's products.

  3. The Newsletter service is provided free of charge for an indefinite period.

  4. The Customer may unsubscribe from the Newsletter at any time by:

a) clicking the unsubscribe link included in every Newsletter message;

b) contacting the Seller directly.

  1. Unsubscribing from the Newsletter is free of charge and becomes effective immediately.

  2. Subscription to the Newsletter is not required to create a Customer Account or place an Order.

§8. Orders

  1. Orders may be placed through the Store 24 hours a day, 7 days a week.

  2. Placing an Order does not require registration or creation of a Customer Account.

  3. To place an Order, the Customer must:

a) select the Product;

b) add the Product to the shopping cart;

c) choose a delivery method and payment method;

d) provide the information necessary to complete the Order;

e) accept these Terms and Conditions;

f) confirm the Order by clicking the button labeled “Buy and Pay” or an equivalent button.

  1. Before submitting an Order, the Customer is informed about:

a) the total price of the Products;

b) delivery costs;

c) any additional charges associated with the Order.

  1. Submission of an Order constitutes an offer by the Customer to conclude a Sales Agreement with the Seller.

  2. After submitting an Order, the Customer receives an e-mail confirming receipt of the Order.

  3. The Sales Agreement is concluded when the Customer receives an e-mail confirming acceptance of the Order for processing.

  4. The Seller reserves the right to refuse the processing of an Order if the Customer provides incomplete, inaccurate or false information preventing proper fulfillment of the Order.

§9. Prices and Payment Methods

  1. All Product prices displayed in the Store are expressed in Polish Złoty (PLN) and include applicable taxes, unless otherwise stated.

  2. Product prices do not include delivery costs, which are displayed separately during the checkout process.

  3. The binding price is the price displayed at the time the Order is placed.

  4. The Seller offers the following payment methods:

a) BLIK;

b) Przelewy24;

c) PayPal;

d) Apple Pay;

e) Google Pay;

f) Visa and Mastercard payment cards;

g) PayPo;

h) Klarna;

i) other payment methods made available in the Store from time to time.

  1. Order processing begins after successful payment authorization or receipt of payment confirmation from the payment service provider.

  2. Where deferred payment services such as PayPo or Klarna are used, the financing conditions are governed by the terms and conditions of the relevant payment provider.

§10. Delivery

  1. Orders are delivered using shipping providers cooperating with the Seller.

  2. Available delivery methods may include:

a) InPost Parcel Lockers;

b) InPost Courier;

c) DPD Courier;

d) DPD Pickup Points;

e) ORLEN Paczka;

f) other delivery methods made available in the Store.

  1. Available delivery options may vary depending on the destination, Product type and current logistics availability.

  2. Delivery costs are displayed before the Customer places an Order.

  3. Estimated delivery times are displayed on the Product page and/or during checkout.

  4. Delivery times are calculated from the moment payment is successfully authorized or received.

  5. If circumstances beyond the Seller’s control affect delivery times, the Customer will be informed without undue delay.

§11. Product Reviews

  1. The Store may display reviews and ratings relating to Products offered by the Seller.

  2. The Seller uses the Judge.me review system to collect and publish customer reviews.

  3. Reviews marked as "Verified Purchase" originate from Customers who have purchased the reviewed Product through the Store.

  4. Verification is performed by linking the review to a completed Order.

  5. The Seller takes reasonable and proportionate measures to ensure that published reviews originate from Customers who have actually purchased or used the Product.

  6. The Seller publishes both positive and negative reviews, provided that such reviews do not violate applicable law, these Terms and Conditions, or the rights of third parties.

  7. Reviews may not contain:

a) unlawful content;

b) offensive, defamatory, discriminatory or vulgar language;

c) advertising content;

d) links to external websites;

e) personal data of third parties.

  1. The Seller reserves the right to remove reviews that violate applicable law or these Terms and Conditions.

  2. Detailed rules concerning the operation of the review system may also be governed by the terms and conditions of Judge.me.

§12. Complaints and Product Conformity

  1. The Seller is liable to Consumers and Business Customers with Consumer Rights for any lack of conformity of a Product with the Sales Agreement existing at the time of delivery and revealed within two years from delivery.

  2. If a Product is not in conformity with the Sales Agreement, the Customer may submit a complaint.

  3. Complaints may be submitted:

a) by e-mail to: bortego.backpack@gmail.com;

b) by post to:

JALIRUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Wokulskiego 1A/4
05-804 Pruszków
Poland

  1. To facilitate complaint handling, the Customer is encouraged to provide:

a) the Order number;

b) contact details;

c) a description of the issue;

d) photographs showing the issue, where applicable.

  1. In accordance with applicable consumer protection laws, the Customer may request:

a) repair of the Product;

b) replacement of the Product;

c) a price reduction;

d) withdrawal from the Sales Agreement where permitted by law.

  1. The Seller shall respond to the complaint within 14 days of receipt.

  2. If inspection of the Product is required, the Seller will provide the Customer with further instructions.

  3. These provisions do not exclude, limit or suspend any rights granted to Consumers under mandatory legal provisions.

§13. Right of Withdrawal and Free Returns

  1. A Consumer or a Business Customer with Consumer Rights may withdraw from the Sales Agreement without providing any reason within 14 days from the date of receiving the Product.

  2. To exercise the right of withdrawal, the Customer should complete and submit the Withdrawal Form provided by the Seller.

  3. The Withdrawal Form is available:

a) in the footer of the Store website;

b) in the order confirmation e-mail sent after the Order is placed.

  1. Upon receipt of a properly completed Withdrawal Form, the Seller will provide the Customer with a free return shipping label.

  2. Returns made under the statutory right of withdrawal are free of charge for the Customer.

  3. The Customer should dispatch the returned Product promptly after receiving the return label.

  4. The Seller will reimburse all payments received from the Customer, including the cost of the least expensive standard delivery method offered by the Seller, within 14 days from receiving the withdrawal notice.

  5. The Seller may withhold reimbursement until the returned Product is received or until the Customer provides proof of shipment, whichever occurs first.

  6. Refunds will be made using the same payment method used for the original transaction unless the Customer expressly agrees otherwise.

  7. The Customer is liable for any diminished value of the Product resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Product.

  8. The right of withdrawal does not apply in cases specified in Article 38 of the Polish Consumer Rights Act or other applicable legal provisions.

§14. Out-of-Court Dispute Resolution

  1. Consumers have the right to use out-of-court complaint handling and dispute resolution procedures.

  2. Detailed information regarding available dispute resolution procedures can be obtained from the Office of Competition and Consumer Protection (UOKiK) and other competent consumer protection authorities.

  3. Consumers may in particular:

a) apply to a permanent consumer arbitration court;

b) request assistance from the relevant Provincial Inspectorate of Trade Inspection;

c) seek support from a municipal or district consumer ombudsman;

d) use other dispute resolution mechanisms available under applicable law.

  1. Participation in out-of-court dispute resolution procedures is voluntary for both parties unless otherwise required by law.

§15. Intellectual Property

  1. All rights to the Store, including copyrights, industrial property rights, trademarks, trade names, logos, graphics, photographs, marketing materials, product descriptions, and other content published in the Store belong to the Seller or to entities cooperating with the Seller.

  2. Use of the Store and its content does not grant the Customer any rights to the intellectual property contained therein.

  3. It is prohibited to copy, reproduce, distribute, modify, publish, transmit, or otherwise use any content available in the Store without the Seller’s prior written consent, except where expressly permitted by applicable law.

  4. The name "Bortego", logos, trademarks, product designs, and all related branding elements are protected under applicable intellectual property laws.

§16. Content Moderation

  1. If the Store enables Customers or Users to publish content, including reviews, comments, ratings, or other materials, such content must comply with applicable law and these Terms and Conditions.

  2. Users are prohibited from publishing content that:

a) violates applicable law;

b) infringes intellectual property rights;

c) violates the personal rights or privacy of third parties;

d) contains hate speech, threats, discrimination, or incitement to violence;

e) contains vulgar, offensive, defamatory, or misleading content;

f) contains spam, unsolicited commercial communications, or unauthorized advertising;

g) attempts to interfere with the operation of the Store or its technical infrastructure.

  1. The Seller may moderate, restrict visibility of, or remove content where required by law, these Terms and Conditions, or the Digital Services Act (DSA).

  2. Content moderation is conducted in a fair, proportionate, and objective manner while respecting freedom of expression and other fundamental rights.

  3. Content moderation is not carried out exclusively through automated decision-making.

  4. Where possible, the Seller may inform the author of content about moderation measures taken.

  5. Users may submit an appeal regarding moderation decisions within 6 months from receiving information about the decision.

§17. Illegal Content Reporting Mechanism

  1. Any person visiting the Store may report content that they consider illegal.

  2. Reports may be submitted:

a) by e-mail to: bortego.backpack@gmail.com;

b) through the contact form available on the Store website.

  1. Reports should, where possible, include:

a) an explanation of why the content is considered illegal;

b) information identifying the location of the content;

c) contact information of the reporting person;

d) a statement confirming that the report is submitted in good faith.

  1. The Seller shall review reports in accordance with applicable law, including Regulation (EU) 2022/2065 (Digital Services Act).

  2. Where contact information has been provided, the Seller may inform the reporting person about the outcome of the assessment.

§18. Product Safety

  1. The Seller ensures that Products offered under the Bortego brand comply with applicable product safety requirements.

  2. For the purposes of Regulation (EU) 2023/988 on General Product Safety (GPSR), the economic operator responsible for the Products offered through the Store is:

JALIRUS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Wokulskiego 1A/4
05-804 Pruszków
Poland

E-mail: bortego.backpack@gmail.com

  1. Product descriptions available in the Store contain essential information regarding the characteristics, intended use, and functionality of the Products.

  2. If a Product safety issue is identified, the Seller may contact Customers in order to provide safety information, organize corrective actions, or conduct a product recall where required by law.

  3. Customers should use Products in accordance with their intended purpose and any instructions provided by the Seller.

§19. Digital Accessibility

  1. The Seller makes reasonable efforts to ensure that the Store and its services are accessible to all users in accordance with applicable accessibility requirements.

  2. The Store is designed, to the extent technically possible, to support accessibility principles, including:

a) keyboard navigation;

b) readable content structure;

c) appropriate color contrast;

d) compatibility with commonly used assistive technologies.

  1. Users experiencing accessibility barriers may contact the Seller using the contact details provided in these Terms and Conditions.

  2. The Seller shall make reasonable efforts to address reported accessibility issues.

§20. Final Provisions

  1. These Terms and Conditions enter into force on the date of publication on the Store website.

  2. These Terms and Conditions are available free of charge in electronic form and may be downloaded, saved, and printed by Customers.

  3. Matters not regulated by these Terms and Conditions shall be governed by applicable Polish law and relevant provisions of European Union law.

  4. If mandatory provisions of the Customer’s country of habitual residence provide more favorable protection than these Terms and Conditions, those provisions shall prevail.

  5. The Seller may amend these Terms and Conditions for important reasons, including:

a) changes in applicable law;

b) changes in payment methods or delivery methods;

c) changes in the functionality of the Store;

d) the need to comply with decisions of public authorities or court rulings.

  1. Updated versions of the Terms and Conditions will be published on the Store website.

  2. Orders placed before the effective date of any amendment shall be governed by the version of the Terms and Conditions in force at the time the Order was placed.

  3. These Terms and Conditions constitute an integral part of all agreements concluded between the Seller and Customers through the Store.