TERMS AND CONDITIONS OF THE ONLINE STORE WWW.BOROVITA.COM

Effective date: 16 July 2026

This is an English translation of the Polish-language Terms and Conditions ("Regulamin") of the online store operated at www.borovita.com. The Polish version is the governing and legally binding version; in case of any discrepancy between the two language versions, the Polish version shall prevail. The Agreement is governed by Polish law.

These Terms and Conditions set out the rules for using the online store operated at www.borovita.com ("Store"), including the rules for concluding distance sales contracts, the rights and obligations of the Seller and the Customer, the withdrawal procedure, and the complaint-handling procedure.

§ 1. Seller's Details

The owner and administrator of the Store is:

BOROVITA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Borovita Limited Liability Company under Polish law) registered office: Borowina Sitaniecka 78E, 22-400 Zamość, Poland (Lubelskie Voivodeship)
- Tax ID (NIP): 9223087592
- Statistical number (REGON): 542534041
- National Court Register number (KRS): 0001190677
- Share capital: PLN 50,000.00
- Registry court: District Court Lublin-Wschód in Lublin, based in Świdnik, 6th Commercial Division of the National Court Register
("Seller" or "Company")
Seller's contact details:
- correspondence and returns address: Borowina Sitaniecka 78E, 22-400 Zamość, Poland
- e-mail: kontakt@borovita.com
- phone: +48 501 403 022
- bank account number: PL15 1020 1169 0000 8002 0937 4473 (PKO BP)

§ 2. Definitions

Store – the online service operated by the Seller at www.borovita.com, through which the Customer may place Orders.
Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality granted legal capacity by law, making purchases in the Store.
Consumer – a Customer who is a natural person performing a legal transaction not directly related to their business or professional activity (Article 22¹ of the Polish Civil Code).
Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity where the contract does not have a professional character for that person (Article 7aa of the Polish Consumer Rights Act). Such a Customer benefits from the same withdrawal and warranty rights as a Consumer.
Business Customer (B2B) – a Customer other than a Consumer or an Entrepreneur with consumer rights, purchasing in connection with their business or professional activity.
Goods – movable items offered in the Store, in particular passive/polytunnel structures and related garden accessories.
Sales Agreement – a distance sales agreement for Goods concluded between the Customer and the Seller via the Store.
Order – a Customer's declaration of intent aimed directly at concluding a Sales Agreement, specifying the type and quantity of Goods.
Account – a set of resources in the Seller's IT system, identified by an individual login and password, in which the Customer's data is stored.
Order Form – an interactive form available in the Store enabling the placement of an Order.
Business Days – days from Monday to Friday, excluding statutory public holidays in Poland.

§ 3. General Provisions and Technical Requirements

The Store conducts retail and wholesale sales (B2C and B2B) of passive tunnels (garden/agricultural tunnel structures) imported by the Seller from China, as well as accessories and related products, via the Internet, with delivery within the territory of the Republic of Poland.
To use the Store, including browsing the assortment and placing Orders, the following are required: a device with Internet access and an up-to-date web browser; an active e-mail account; cookies and JavaScript enabled.
The Seller makes reasonable efforts to ensure the Store is accessible using standard browsers, operating systems, devices and connections.
The Customer is prohibited from providing unlawful content or using the Store in a way that disrupts its operation.
Information about Goods presented in the Store (including descriptions, prices and photographs) constitutes an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code, not an offer.
Photographs and visualisations of tunnels are for illustrative purposes only – actual colour, material shade or fastener details may differ slightly from those presented due to the nature of production, and this does not constitute a defect of the Goods, provided the technical parameters (dimensions, material, cover weight, structure) conform to the description.

§ 4. Registration and Account

Creating an Account in the Store is voluntary and free of charge.
Registration is completed by filling in the registration form and accepting these Terms and the Privacy Policy.
The Customer is required to provide true, current and accurate data and to keep the Account password confidential.
The Customer may delete the Account at any time, free of charge and without giving a reason, by sending a request to the Seller.
Orders may also be placed without registering an Account ("guest checkout").

§ 5. Placing and Processing Orders

Orders may be placed 24 hours a day via the Order Form available in the Store.
To place an Order, the Customer: (1) adds the selected Goods to the cart; (2) selects the delivery method and payment method; (3) provides the data necessary to process the Order and deliver the shipment (including, for tunnels, an accurate address and information facilitating oversized/palletised delivery, e.g. driveway access); (4) for business Customers – provides invoicing data; (5) reviews and accepts these Terms; (6) confirms the Order by clicking "Order and pay" (or an equivalent button), which constitutes a declaration of intent to conclude the Sales Agreement and an obligation to pay.
After placing an Order, the Customer receives an order-confirmation e-mail containing the essential elements of the Order. The Sales Agreement is deemed concluded upon the Customer's receipt of this confirmation.
If the ordered Goods are unavailable (in particular due to extended import lead times from China), the Seller will promptly, no later than within 3 Business Days, inform the Customer and propose: an extended delivery date, partial fulfilment of the Order, a substitute product, or cancellation of the Order with a full refund.
The Seller reserves the right to require prepayment or a deposit for Orders involving tunnels imported to individual order from China; the Customer is informed of this before confirming the Order.

§ 6. Prices and Payment Methods

All prices of Goods shown in the Store are gross prices (including VAT) expressed in Polish złoty (PLN), unless expressly stated otherwise for an export/B2B offer.
The price shown for a Good at the time the Order is placed is binding on both parties.
The price does not include delivery costs unless the product description or cart page states otherwise. Delivery cost is shown to the Customer before the Order is placed and is accepted together with the price of the Goods.
The Store offers the following payment methods: (1) online payments (fast online transfer, payment card) processed via an external payment operator (e.g. Przelewy24/PayU) – the payment operator's own terms apply to Customers using this method; (2) BLIK; (3) traditional bank transfer to the Seller's bank account indicated in § 1(2); (4) for Business Customers – deferred payment based on a VAT invoice with an individually agreed payment term, subject to the Seller's prior approval of such terms.
Where prepayment is selected, the Seller begins processing the Order once payment is credited to its bank account or payment confirmation is received from the payment operator.
At the Customer's request, the Seller issues a VAT invoice. The Customer consents to receiving invoices electronically at the e-mail address provided.

§ 7. Delivery

The Seller delivers Goods only within the territory of the Republic of Poland.
Available delivery methods, depending on the type and size of the Goods: (1) standard courier (e.g. DPD/DHL/GLS) – for accessories and non-oversized items; (2) palletised transport/freight forwarding – for tunnels and oversized Goods, delivered on a pallet to the indicated address (kerbside/driveway delivery; unloading and carrying-in are not included unless separately agreed and paid for); (3) personal collection – at the Seller's registered office: Borowina Sitaniecka 78E, 22-400 Zamość, by prior appointment.
Delivery cost depends on the size and weight of the Goods and the distance, and is shown to the Customer before the Order is placed.
The Customer should inspect the shipment in the presence of the carrier. If damage is found during transport, it is recommended (though not required to preserve statutory rights of Consumers/Entrepreneurs with consumer rights) that a damage report be drawn up with the carrier to facilitate any warranty claim.

§ 8. Order Fulfilment Time

Due to the nature of the assortment (part of the range is imported directly from China), fulfilment time varies by product category: (1) accessories and products available from stock in Poland – dispatched within 2–5 Business Days of payment being credited (or of Order confirmation for invoice/COD payment); (2) passive tunnels imported to order from China – total fulfilment time is approximately 4–6 weeks from payment (or deposit) being credited to dispatch of the shipment to the Customer; this period covers production/preparation by the supplier, international transport, customs clearance and domestic distribution.
The stated timeframes are estimates and may be extended for reasons beyond the Seller's control (e.g. delays in international transport, customs procedures, force majeure). The Seller will promptly notify the Customer electronically of any material extension, indicating the new expected date.
If the Seller cannot perform due to unavailability of the Goods, Article 493 of the Polish Civil Code and the statutory warranty provisions apply accordingly with respect to the return of performance.
Where an Order includes both stock items and tunnels imported from China, the Seller may, upon agreement with the Customer, deliver the Order in separate shipments at no extra cost to the Customer.

§ 9. Right of Withdrawal (applies to Consumers and Entrepreneurs with consumer rights)

A Consumer, or an Entrepreneur with consumer rights, who has concluded a distance Sales Agreement may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in paragraph 8 below.
The withdrawal period begins: for an Agreement under which the Seller transfers ownership of the Goods – from the day the Consumer or a third party indicated by the Consumer (other than the carrier) takes possession of the Goods; if the Agreement covers multiple Goods delivered separately, in batches or in parts (e.g. a tunnel delivered separately from accessories) – from taking possession of the last item, batch or part.
To meet the deadline, it is sufficient to send the withdrawal statement before its expiry.
Withdrawal may be exercised by submitting a statement to the Seller, e.g. using the model withdrawal form in Annex 1 to these Terms, sent by post to the Seller's address in § 1(2) or by e-mail.
The Seller will promptly confirm receipt of the withdrawal statement on a durable medium (e.g. by e-mail).
Effects of withdrawal: (1) The Seller will refund all payments received, including delivery costs (except for additional costs resulting from the Consumer choosing a delivery method other than the cheapest standard delivery offered by the Seller), promptly and no later than within 14 days of receiving the withdrawal statement. (2) The refund will be made using the same payment method used by the Consumer, unless the Consumer expressly agrees to another method that entails no additional cost. (3) The Seller may withhold the refund until the Goods are received back or proof of return shipment is provided, whichever occurs first. (4) The Consumer must return the Goods promptly, no later than 14 days from the day of withdrawal.
The Consumer is liable for any diminished value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
Return shipping costs for oversized goods (tunnels): due to the nature of the Goods (items that, by their nature, cannot normally be returned by post), the Consumer bears the direct cost of returning the Goods, including in particular the cost of palletised transport/freight forwarding to the Seller's registered office. An estimated maximum amount of this cost will be provided to the Customer before the Order is placed, and the Seller will assist, on request, in arranging return transport, the cost of which is borne by the Consumer unless the Seller decides otherwise.
Exceptions to the right of withdrawal – the right of withdrawal does not apply to agreements listed in Article 38 of the Polish Consumer Rights Act, in particular: (1) Goods that are not prefabricated, manufactured to the Consumer's specifications or clearly personalised (e.g. a tunnel made to an individual, non-standard size specified by the Customer), where such customisation option is offered in the Store and was selected by the Customer, as will be clearly indicated for that product; (2) Goods delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, once the packaging has been opened after delivery.
The right of withdrawal described in this section does not apply to Business Customers purchasing directly in connection with a business activity that is of a professional nature for them (see § 14).

§ 10. Statutory Warranty and Complaints

The Seller is obliged to deliver Goods free of defects and is liable to the Consumer and to the Entrepreneur with consumer rights under the statutory warranty (rękojmia) rules set out in Article 556 et seq. of the Polish Civil Code, including the consumer-contract provisions of the Consumer Rights Act on conformity of goods with the contract.
A complaint may be submitted: in writing to Borovita Sp. z o.o., Borowina Sitaniecka 78E, 22-400 Zamość, marked "Complaint / Reklamacja"; or electronically to kontakt@borovita.com.
A complaint should include: the Customer's name and contact details; the Order number or proof of purchase; a description of the defect and the circumstances of its occurrence; the Customer's requested remedy (repair, replacement, price reduction, withdrawal); and, where possible, photographic evidence of the defect. Missing elements will not prevent processing of the complaint but may extend the handling time if the Seller needs to request additional information.
The Seller will respond to a complaint from a Consumer/Entrepreneur with consumer rights within 14 calendar days of receipt. Failure to respond within this period means the complaint is deemed accepted.
If it is necessary to return the defective Goods to the Seller to process the complaint, the Customer will be informed accordingly, and the cost of returning the Goods (including, where justified, palletised transport of an oversized tunnel) is borne by the Seller; if the complaint is upheld, these costs are reimbursed to the Customer.
If a complaint is upheld, the Seller, in accordance with the Customer's request and applicable law, will repair or replace the Goods, reduce the price, or, if the defect is material, refund the price paid in connection with withdrawal from the Agreement.
The Seller's response to a complaint is provided in writing or on another durable medium (e.g. e-mail).
The provisions of this section on time limits and complaint handling apply to Consumers and Entrepreneurs with consumer rights. Warranty rules for Business Customers are set out in § 14.

§ 11. Guarantee (Manufacturer's Warranty)

Some Goods may be covered by a manufacturer's or distributor's guarantee. The terms, scope and duration of any guarantee, if granted, are set out in the warranty card enclosed with the Goods or in the product description in the Store.
A guarantee does not exclude, limit or suspend the rights of a Consumer or Entrepreneur with consumer rights under the statutory warranty (rękojmia) for defects.
In the absence of a separate guarantee, the Customer's rights arise solely from the statutory warranty provisions set out in § 10.

§ 12. Personal Data

The rules for processing Customers' personal data, including legal bases, purposes, retention periods and applicable rights, are set out in a separate document – the Privacy Policy, available at www.borovita.com/privacy-policy, which forms an integral supplement to these Terms.

§ 13. Out-of-Court Dispute Resolution

A Consumer has the right to use out-of-court methods of handling complaints and pursuing claims, including: (1) applying to the standing consumer arbitration court operating at the relevant Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej); (2) applying to the provincial trade inspector for mediation proceedings; (3) obtaining free assistance from a district (municipal) consumer ombudsman (rzecznik konsumentów) or a consumer-protection organisation (e.g. Federacja Konsumentów).
Detailed information on out-of-court complaint resolution is available on the website of the Office of Competition and Consumer Protection (UOKiK): www.uokik.gov.pl.
Pursuant to Regulation (EU) No 524/2013, the Seller informs that the Online Dispute Resolution (ODR) platform for resolving disputes between consumers and traders at EU level is available at: https://ec.europa.eu/consumers/odr. The Seller's e-mail address: kontakt@borovita.com.
Use of out-of-court complaint-resolution methods is voluntary.

§ 14. Provisions Applicable to Business Customers (B2B)

This section applies exclusively to Customers who are Business Customers within the meaning of § 2(5), purchasing directly in connection with a business activity that is of a professional nature for them.
A Business Customer does not have the right to withdraw from a distance Sales Agreement referred to in § 9.
The Seller's liability under the statutory warranty (rękojmia) towards a Business Customer is limited in accordance with Article 558 § 1 of the Polish Civil Code – the parties may extend, limit or exclude it by separate individual arrangement. In the absence of such arrangement, the Seller's warranty liability towards a Business Customer is limited to 12 months from the date the Goods are delivered.
Any disputes between the Seller and a Business Customer will be resolved by the common court having jurisdiction over the Seller's registered office.
The Seller's liability towards a Business Customer, including for non-performance or improper performance of the Sales Agreement, is limited to actual loss incurred (damnum emergens); liability for lost profits (lucrum cessans) is excluded. The Seller's total liability towards a Business Customer arising from a single Order shall not exceed the value of that Order, unless the damage was caused intentionally.
Handover of the Goods to the carrier or freight forwarder delivering to a Business Customer is deemed delivery of the Goods to the Business Customer; from that moment, the benefits and burdens associated with the Goods, and the risk of accidental loss or damage, pass to the Business Customer (Article 544 of the Polish Civil Code).
The Seller may make acceptance of an Order from a Business Customer conditional on prepayment or a deposit, in particular for tunnels imported to order from China.

§ 15. Final Provisions

The Seller reserves the right to amend these Terms for important reasons, including: changes in law, changes to payment and delivery methods, changes to the scope of the Store's activity, prevention of abuse, and improvement of customer service quality.
Customers with an Account will be notified of a planned amendment at least 7 days in advance, electronically. Orders placed before the amendment takes effect will be processed under the previous terms.
Matters not regulated by these Terms are governed by generally applicable Polish law, in particular: the Polish Civil Code, the Act of 30 May 2014 on Consumer Rights, the Act of 18 July 2002 on the Provision of Electronic Services, and Regulation (EU) 2016/679 (GDPR).
Disputes with Consumers are resolved by the common court with jurisdiction under the Polish Code of Civil Procedure. Disputes with Business Customers are resolved by the court with jurisdiction over the Seller's registered office (§ 14(4)).
These Terms apply from the date of publication in the Store.

Annex 1 – Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

To: Borovita Sp. z o.o. Borowina Sitaniecka 78E, 22-400 Zamość, Poland e-mail: kontakt@borovita.com

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

.....................................................................................................

Date of conclusion of contract / receipt of goods(*): .............................................

Name of consumer(s): ......................................................................

Address of consumer(s): ....................................................................................

Order number: .............................................................................................

Bank account number for the refund: .............................................................

Signature of consumer(s) (only if this form is submitted on paper): ..............................

Date: ..............................................

() delete as applicable*