Általános szerződési feltételek

TERMS AND CONDITIONS OF THE BMS-EV.COM ONLINE STORE

Effective from: 13.04.2026

§1. General Provisions

1. The online store available at bms-ev.com is operated by: Clima Boost Jakub Lipiński, ul. Kościuszki 70A, 55-330 Lutynia, Poland, Tax ID (NIP): 5971544886.
2. Contact with the Seller:
   • E-mail: office@bms-ev.com
   • Phone: +48 535 099 116
3. These Terms and Conditions define the rules for using the Store, placing orders, delivering goods, withdrawing from the contract, complaint procedures, and personal data protection.
4. The use of the Store requires familiarization with and acceptance of these Terms and Conditions.
5. The Store sells products within the European Union and to the shipping destinations indicated on the Store’s website.

§2. Definitions

1. Seller – Clima Boost Jakub Lipiński, ul. Kościuszki 70A, 55-330 Lutynia, Poland, Tax ID (NIP): 5971544886.
2. Store – the online store operated by the Seller at bms-ev.com.
3. Customer – a natural person with full legal capacity, a legal entity, or an organizational unit without legal personality that makes purchases in the Store.
4. Consumer – a Customer who is a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity (Article 22¹ of the Polish Civil Code).
5. Sole proprietor with consumer rights – a natural person conducting a sole proprietorship who enters into a contract directly related to their business activity, when the content of the contract shows that it is not of a professional nature for that person (Article 385⁵ of the Polish Civil Code).
6. Product – products offered for sale in the Store, in particular BMS-EV controllers.
7. Order – the Customer’s declaration of intent to conclude a sales contract for a Product through the Store.
8. Sales contract – a contract for the sale of a Product concluded between the Seller and the Customer through the Store.
9. Business day – a day from Monday to Friday, excluding public holidays in Poland.

§3. Ordering Rules

1. Orders can be placed 24 hours a day, 7 days a week.
2. To place an Order, the Customer:
   1. selects a Product and adds it to the shopping cart;
   2. fills in the order form, providing the data necessary for Order fulfillment;
   3. selects the delivery method and payment method;
   4. confirms the Order by clicking the „Buy and Pay” button (or equivalent).
3. The Customer may make a purchase without registering an account (as a guest) or after logging into their account.
4. After placing an Order, the Customer receives an e-mail confirming acceptance of the Order. The sales contract is concluded upon the Customer’s receipt of the confirmation.
5. The Seller reserves the right to refuse to fulfill an Order if the Customer provides incorrect or incomplete data.

§4. Prices and Payments

1. Product prices listed in the Store are gross prices (including VAT) and are expressed in the following currencies: PLN, EUR, or USD – depending on the language version of the Store selected by the Customer.
2. The binding price is the price displayed next to the Product at the time of placing the Order.
3. Delivery costs are added to the Product price and are indicated during the ordering process.
4. Available payment methods:
   • Payment cards: Visa, Mastercard, American Express
   • Przelewy24
   • BLIK
   • Apple Pay
   • Google Pay
   • Klarna
   • iDEAL
   • Bancontact
   • SEPA Direct Debit
   • EPS
   • Multibanco
   • MobilePay
   • TWINT
   • Revolut Pay
5. Electronic payments are processed by Stripe (Stripe Payments Europe, Ltd.).
6. Lowest price information (Omnibus Directive): In the event of a price reduction, the Store displays the lowest price of the Product that was in effect during the 30 days prior to the reduction, alongside the reduced price. If the Product has been offered for sale for less than 30 days, the lowest price from the date of the start of the offering to the date of the reduction is displayed alongside the reduced price.

§5. Delivery

1. The Store delivers to the European Union and to the countries indicated on the Store’s website.
2. Order processing time (preparation and shipping) is 1 to 5 business days from the date of payment receipt.
3. Delivery is carried out by courier companies. Available carriers and delivery costs are presented to the Customer during the ordering process.
4. The Customer is obliged to inspect the shipment in the presence of the courier. If damage is found, a damage report should be prepared.
5. The Seller is not liable for delivery delays caused by the carrier or force majeure.

§6. Right of Withdrawal

1. Consumers and sole proprietors with consumer rights have the right to withdraw from the sales contract without giving a reason within 14 days.
2. The withdrawal period begins on the day the Consumer (or sole proprietor with consumer rights) takes physical possession of the Product, or on the day a third party designated by the Consumer (other than the carrier) takes physical possession of the Product.
3. To exercise the right of withdrawal, the Customer must inform the Seller of their decision by an unequivocal statement, e.g.:
   • by letter to: Clima Boost Jakub Lipiński, ul. Kościuszki 70A, 55-330 Lutynia, Poland;
   • by e-mail to: office@bms-ev.com;
   • by phone: +48 535 099 116.
4. The Customer may use the following withdrawal form template, but it is not mandatory:
   

   MODEL WITHDRAWAL FORM

   To: Clima Boost Jakub Lipiński, ul. Kościuszki 70A, 55-330 Lutynia, Poland, e-mail: office@bms-ev.com

   I/We (*) hereby give notice that I/we (*) withdraw from the contract of sale of the following goods (*) / for the provision of the following service (*):

   – Date of conclusion of the contract (*) / receipt (*):
   – Name of consumer(s):
   – Address of consumer(s):
   – Order number:

   Date: _______________
   Signature (only if this form is sent on paper): _______________

   (*) Delete as appropriate.

5. To meet the withdrawal deadline, it is sufficient to send the statement before the deadline expires.
6. In the event of withdrawal, the Seller shall refund all payments received from the Customer, including the cost of delivery of the Product (except for additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller), without undue delay, and no later than 14 days from the date of receipt of the withdrawal statement.
7. The refund shall be made using the same payment methods that were used by the Customer, unless the Customer expressly agrees to a different method of refund.
8. The Customer is obliged to return the Product without undue delay, no later than 14 days from the day on which the Customer informed the Seller of the withdrawal. The Customer bears the direct cost of returning the Product.
9. 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.
10. The right of withdrawal does not apply in the cases specified in Article 38 of the Polish Consumer Rights Act, in particular when the Product was manufactured according to the Customer’s specifications or to meet their individualized needs.

§7. Complaints and Warranty

1. The Seller is obliged to deliver a Product free from defects.
2. Complaints should be submitted:
   • by e-mail to: office@bms-ev.com;
   • by letter to: Clima Boost Jakub Lipiński, ul. Kościuszki 70A, 55-330 Lutynia, Poland.
3. A complaint should include: a description of the defect, the date of its occurrence, the Customer’s details, the order number, and the Customer’s request (repair, replacement, price reduction, or withdrawal from the contract).
4. The Seller shall respond to the complaint within 14 days of its receipt.
5. Consumers and sole proprietors with consumer rights are entitled to warranty protection under the provisions of the Polish Civil Code.
6. Reversed burden of proof: If a physical defect of the Product is discovered within one year from the date of delivery, it is presumed that the defect or its cause existed at the time the risk passed to the Consumer (or sole proprietor with consumer rights). In such a case, the Seller must prove that the defect did not exist at the time of delivery.
7. The Seller is liable under the warranty for physical defects of the Product discovered within 2 years from the date of delivery to the Consumer (or sole proprietor with consumer rights).

§8. Personal Data Protection and Cookie Policy

1. The data controller of Customer personal data is the Seller: Clima Boost Jakub Lipiński, ul. Kościuszki 70A, 55-330 Lutynia, Poland, Tax ID (NIP): 5971544886, e-mail: office@bms-ev.com.
2. Personal data is processed for the following purposes:
   • fulfillment of Orders and sales contracts (Art. 6(1)(b) GDPR);
   • fulfillment of the Seller’s legal obligations, including tax and accounting obligations (Art. 6(1)(c) GDPR);
   • pursuing or defending claims – the Seller’s legitimate interest (Art. 6(1)(f) GDPR);
   • direct marketing of own products – the Seller’s legitimate interest (Art. 6(1)(f) GDPR), with prior consent of the Customer where required.
3. Data retention period:
   • Data related to order fulfillment – for the duration of the contract and then for the period required by law (5 years for tax purposes).
   • Data for marketing purposes – until consent is withdrawn or an objection is raised.
   • Data for the purpose of pursuing claims – for the limitation period of claims (up to 6 years).
4. Data recipients: Personal data may be transferred to the following categories of recipients:
   • payment operator: Stripe (Stripe Payments Europe, Ltd.) – to the extent necessary for payment processing;
   • courier companies – to the extent necessary for Product delivery;
   • hosting and IT service providers;
   • accounting office and tax authorities – to the extent required by law.
5. Customer rights: The Customer has the right to:
   • access their personal data;
   • rectify their data;
   • erase their data („right to be forgotten”);
   • restrict processing;
   • data portability;
   • object to processing;
   • withdraw consent at any time (without affecting the lawfulness of processing prior to withdrawal);
   • lodge a complaint with a supervisory authority – the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw, Poland).
6. Providing personal data is voluntary but necessary for Order fulfillment.
7. Cookie policy: The Store uses cookies to ensure proper website functionality, traffic analysis (Google Analytics), and consent management (Complianz GDPR). Detailed information about cookies, their types and purposes, as well as cookie settings management, is available in the Cookie Policy on the Store’s website. The Customer may change cookie settings at any time using the cookie banner or browser settings.

§9. Out-of-Court Dispute Resolution (ADR/ODR)

1. Consumers may use out-of-court complaint and redress mechanisms, including:
   • mediation conducted by the competent provincial inspectorate of the Trade Inspection;
   • proceedings before a permanent consumer arbitration court at the provincial inspector of the Trade Inspection;
   • assistance of the district (municipal) consumer ombudsman.
2. The Online Dispute Resolution (ODR) platform is available at: https://ec.europa.eu/consumers/odr.
3. ADR statement: The Seller is willing to participate in out-of-court consumer dispute resolution proceedings. The competent entity for dispute resolution is the Provincial Inspectorate of Trade Inspection in Wroclaw, ul. Ofiar Oswiecimskich 15a, 50-069 Wroclaw, Poland (https://wiih.ibip.wroc.pl).

§10. Final Provisions

1. The Seller reserves the right to amend the Terms and Conditions for important reasons (changes in legislation, changes in payment or delivery methods). Customers will be informed of changes by electronic means. Orders placed before the change of Terms and Conditions will be fulfilled under the previous terms.
2. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means.
3. Applicable law and consumer protection (Rome I Regulation): The choice of Polish law as the applicable law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country in which the Consumer has their habitual residence (Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council – Rome I).
4. These Terms and Conditions are effective from 13.04.2026.