Terms and conditions of the online store

§ 1

Preliminary provisions

  1. The ELVERRE online shop, available at the internet address www.elverre.pl, is operated by. Elverre Polska Limited Liability Company, entered in the National Court Register (KRS) maintained by the Registry Court: District Court in Toruń under the number KRS 0000838744, NIP 9562360375, REGON 38594947300000

2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules of use of the Online Store and the rules and mode of concluding Sales Agreements with the Customer at a distance through the Store.

§ 2

Definitions

  1. Consumer - a natural person concluding a contract with the Seller within the Store, the object of which is not directly related to his business or professional activity.

2. Seller - a legalperson conducting business activities under the company Elverre - data as in par.1 p.1

  1. Customer - any entity making purchases through the Store.

  2. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, whose separate law confers legal capacity, performing in his own name an economic activity that uses the Store.

  3. Shop - an online store run by the Seller at the internet address www.elverre.pl

  4. Distance contract - a contract concluded with the Customer within the framework of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.

  5. Terms and Conditions - these terms and conditions of the Store.

  6. Order - a statement of the Customer's will made using the Order Form and aimed directly at concluding a Product or Product Sales Agreement with the Seller.

  7. Account - the customer's account in the Store, it collects data provided by the Customer and information about orders placed by him in the Store.

  8. Registration form - a form available in the Store, allowing you to create an Account.

  9. Order Form - an interactive form available in the Store enabling you to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

  10. Shopping Cart – an element of the Store software, in which the products selected by the Customer are visible, as well as the possibility of determining and modifying the order data, in particular the quantity of products.

  11. Product - a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.

  12. Sales Agreement - a contract for the sale of the Product concluded or concluded between the Customer and the Seller through the Online Store. The Sales Agreement also means - application to the characteristics of the Product - a contract for the provision of services and a contract for work.

§ 3

Contact store

  1. Seller's address: ul. Podgórna 26, 87-100 Toruń

  2. Seller's email address: biuro@elverre.pl

  3. Seller's phone number: +48797511770

  4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

  5. The Customer may communicate by telephone with the Seller from Monday to Friday from 9.00 to 17.00, Saturday from 10.00 to 13.00.

§ 4

Technical requirements

To use the Store, including browsing the Store assortment and placing orders for Products, you must:

  1. an end device with Internet access and a web browser of type IE, Chrome, Firefox, Opera,

  2. Active e-mail account

  3. enabled cookies,

  4. FlashPlayer is installed.

§ 5

General information

  1. The Seller shall not be liable to the fullest extent permitted by law for disturbances in this interruption in the functioning of the Store due to force majeure, unauthorized actions of third parties or incommbility of the Online Store with the technical infrastructure of the Customer.

  2. Browsing the Store assortment does not require creating an Account. Placing orders by the Customer for products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

  1. The prices quoted in the Store are given in Polish zlotys (as well as other currencies if the user of the store changes the currency in the upper menu "currency selection") and are gross prices (i.e. the amount to be paid including taxes).

  1. The final (final) amount payable by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services fees), which the Customer is informed about on the Store's website during the placing of the Order, including at the time of expressing his willingness to be bound by the Sales Agreement.

  2. In the case of an Agreement involving a subscription or the provision of services for an indefinite period, the final (final) price shall be the total price covering all payments for the billing period.

  3. When the nature of the subject matter of the Agreement does not allow, reasonably assessing, the calculation of the final (final) price in advance, information about the manner in which the price will be calculated, as well as the fees for transportation, delivery, postal services and other costs, will be given in the Store in the product description.

§ 6

Create an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following details of name, surname, delivery address, telephone number, e-mail address and in the case of the entrepreneur also the name and address of the company, tax identification number

  2. Creating an Account in the Store is free of charge.

  3. Login to the Account is done by entering the login and password established in the Registration Form.

  4. The Customer has the possibility at any time, without giving any reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.

§ 7

Rules for placing an Order

In order to place an Order:

  1. log in to the Store (optional);

  2. select the Product that is the subject of the Order, and then click on the "To Cart" button (or equivalent);

  3. log in or use the option to place an Order without registration;

  4. if you have selected the possibility to place an Order without registration - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data in the invoice, if different from the data of the recipient of the Order,

  5. click on the "Order and pay" button/click on the "Order and pay" button and confirm the order by clicking on the link sent in the email.

  6. choose one of the available payment methods and depending on the method of payment, pay the order within a certain period, subject to § 8 paragraph 3.

§ 8

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:

  1. Postal, inPost, parcels

  2. Courier,

  3. Personal collection available at ul. Forest 21, 87-162 Złotoria k. Toruń

  1. The customer can use the following payment methods:

  1. Payment by bank transfer to the Seller's account

  2. Electronic payments (via payment Przelewy24.pl, PayPal

  3. Payment by credit card.

3. Detailed information about delivery methods and acceptable payment methods can be found on the Store's website.

§ 9

Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending the Customer an appropriate e-mail to the customer's e-mail address provided during the order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.

  3. If the Customer chooses:

  1. Payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.

  2. payment in cash upon personal collection of the shipment, the Customer is obliged to make a payment upon delivery within 3 days from the date of receipt of the information about the readiness of the shipment for collection.

  1. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.

  2. A If you order Products with different delivery dates, the delivery date is the longest specified date.

B In the case of ordering Products with different delivery dates, the Customer has the opportunity to request the delivery of the Products in parts or to deliver all products after completing the entire order.

  1. The beginning of the delivery date of the Product to the Customer is counted as follows:

  1. If the Customer chooses the method of payment by bank transfer, electronic payments or payment card - from the date of crediting the Seller's bank account.

  2. If the Customer chooses the method of payment on delivery – from the date of conclusion of the Sales Agreement,

6. If the Customer chooses to receive a personal Product, the Product will be ready for collection by the Customer within the period indicated in the product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the customer's e-mail address provided during the order.

7. In the case of ordering Products with different readiness dates for collection, the date of readiness for collection shall be the longest specified date.

9. Delivery of the Product takes place in Poland and european union countries.

10. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services fees) are indicated to the Customer on the pages of the Online Store in the "Delivery Costs" tab and during the placing of the Order, including when the Customer expresses his willingness to be bound by the Sales Agreement.

11. Personal collection of the Product by the Customer is free of charge.

§ 10

Right of withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

  2. The period referred to in paragraph 1 shall run from delivery of the Product to the Consumer or to a person other than the carrier designated by him.

  3. In the case of a Contract which covers multiple Products which are delivered separately, in batches or in parts, the time limit referred to in paragraph 1 shall run from the delivery of the last good, lot or part.

  4. In the case of the Agreement, which consists in the regular delivery of products for a limited period of time (subscription), the period indicated in paragraph 1 shall run from the acquisition of possession of the first item.

  5. The Consumer may withdraw from the Agreement by making a declaration of withdrawal from the Agreement to the Seller. In order to comply with the withdrawal period, it is sufficient for the Consumer to send a statement before the expiry of that period.

  1. The statement can be sent by traditional mail, fax or electronic means by sending a statement to the Seller's e-mail address or by making a statement on the Seller's website - the Seller's contact details are specified in § 3. A declaration may also be made on a form, a specimen of which is Annex 1 to these Terms and Conditions and an annex to the Act of 30 May 2014 on consumer rights, but this is not mandatory.

  1. If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement.

  2. Consequences of withdrawal from the Agreement:

  1. In the event of withdrawal from the Distance Agreement, the Agreement shall be deemed not to have been concluded.

  2. In the event of withdrawal from the Agreement, the Seller shall reimburse the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller.

  3. The Seller will refund the payment using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution, which will not entail any costs for him.

  4. The Seller may withhold the refund until the Product is received back or until proof of its return has been provided, which is which occurs first.

  5. The Consumer should return the Product to the Seller's address specified in these Regulations without delay, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back before the expiry of the 14-day period.

  6. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product, if, by its nature, the Product could not be returned by post in the usual way.

  7. The Consumer is only responsible for any decrease in the value of the Product resulting from the use of the Product in a manner other than that necessary to determine the nature, characteristics and functioning of the Product.

9. In the event that, due to the nature of the Product, it cannot be returned by post, information about this, as well as the cost of returning the Product, will be included in the product description in the Store.

10. The Consumer shall not have the right to withdraw from a distance contract in relation to the Agreement:

  1. in which the object of the service is a non-prefabricated item, manufactured to the specifications of the Consumer or to meet his individualized needs,

  2. in which the object of the service is an item delivered in a sealed package which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,

  3. in which the subject matter of the service is an item which is rapidly deteriorating or has a short shelf life,

  4. for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the commencement of the service that after the performance by the Seller will lose the right to withdraw from the Agreement,

  5. in which 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 deadline for withdrawal from the Agreement,

  6. in which the subject matter of the service is goods which, after delivery, by their nature, are inseparably linked to other things,

  7. in which the subject matter of the service is sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery,

  8. to provide digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the expiry of the withdrawal period and after the Seller has informed him of the loss of the right of withdrawal,

§ 11

Complaint and warranty

  1. New Products are covered by the Sales Agreement.

  1. In the event of a defect purchased from the Seller of the goods, the Customer has the right to make a complaint based on the provisions on warranties in the Civil Code.

  1. The complaint must be submitted in writing or electronically to the addresses of the Seller given in these Regulations.

  1. It is recommended that the complaint include m.in. a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the customer's request in connection with the defect of the goods.

  2. Goods returned as part of the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.

6. The Seller will respond to the complaint request immediately, and if the Customer is the Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request was considered justified

7. In the event that a warranty has been given to the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The Seller will also attach the warranty card to the Sold Product.

§ 12

Out-of-court complaint handling and redress

  1. Detailed information regarding the possibility for the Consumer to use out-of-court complaint handling and redress methods and rules for access to these procedures are available at the premises and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

  2. The consumer has the following examples of possibilities to use out-of-court means of dealing with complaints and redress:

  1. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute resulting from the Agreement concluded with the Seller.

  2. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for mediation proceedings on the amicable termination of the dispute between the Consumer and the Seller.

  3. The Consumer may obtain free assistance on the resolution of the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Federation of Consumers, Association of Polish Consumers).

§ 13

Personal data in the Online Store

  1. The Administrator of personal data of Customers collected through the Online Store is the Seller.

  2. Personal data of Customers collected by the Administrator through the Online Store is collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees to it - also for marketing purposes.

  3. The recipients of personal data of customers of the Online Store may be:

  1. In the case of a Customer who uses the method of delivery by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary executing the shipments on behalf of the Administrator.

  2. In the case of a Customer who uses an electronic payment method or a payment card in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

4. The Customer has the right to access and correct his data.

5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude this contract.

§ 14

Final provisions

1. Contracts concluded through the Online Store are concluded in Polish.

2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, changes in payment methods and deliveries - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer at least 7 days in advance of any change.

3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law, in particular: the Civil Code, shall apply; the Act on the provision of electronic services; Consumer Rights Act, the Personal Data Protection Act.

4. The customer has the right to use out-of-court means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU's ODR online platform available at: http://ec.europa.eu/consumers/odr/.