Legal Notice

Online Store Terms and Conditions

§ 1

Preliminary Provisions

  1. The ELVERRE online store, available at www.elverre.pl (and at the subdomain sample.elverre.pl – PDLC film samples), is operated by Elverre Polska Spółka z ograniczoną odpowiedzialnością (Elverre Polska LLC), entered in the National Court Register (KRS) kept by the District Court in Toruń under KRS no. 0000838744, NIP (Tax ID): 9562360375, REGON: 38594947300000.

  2. These Terms and Conditions are addressed to both Consumers and Business Customers using the Store and set out the rules for using the online Store as well as the procedure for concluding Distance Sales Agreements with Customers.

§ 2

Definitions

  • Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

  • Seller – a legal person conducting business under the name Elverre – details as in § 1(1).

  • Customer – any entity making purchases via the Store.

  • Business Customer – a natural person, legal person, or organisational unit without legal personality to which a separate act grants legal capacity, conducting business in their own name and using the Store.

  • Store – the online store operated by the Seller at www.elverre.pl.

  • Distance Agreement – an agreement concluded with the Customer within an organised system for concluding distance agreements, without the simultaneous physical presence of the parties and with the exclusive use of means of distance communication up to and including the moment of concluding the agreement.

  • Terms and Conditions – these Store terms and conditions.

  • Order – the Customer’s declaration of intent placed via the Order Form, aiming directly at concluding a Sales Agreement for one or more Products with the Seller.

  • Account – the customer account in the Store where data provided by the Customer and information on Orders placed are stored.

  • Registration Form – a form available in the Store enabling the creation of an Account.

  • Order Form – an interactive form enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement.

  • Cart – a Store software component where the Products selected by the Customer for purchase are visible and where Order data can be modified.

  • Product – a movable item or service available in the Store and subject to a Sales Agreement between the Customer and the Seller.

  • Sales Agreement – a contract for the sale of a Product concluded between the Customer and the Seller via the online Store. Depending on the Product, this also includes a contract for services or a contract for specific work.

§ 3

Contact with the Store

  • Seller’s address: ul. Szosa Bydgoska 56, 87-100 Toruń, Poland

  • E-mail: biuro@elverre.pl

  • Phone: +48 799-098-777

The Customer may contact the Seller using the above details.
Telephone contact is available Monday–Friday 8:00–16:00 and Saturday 10:00–13:00 (CET/CEST).

§ 4

Technical Requirements

To use the Store, the following are required:

  • an end device with Internet access and a web browser (IE, Chrome, Firefox, Opera),

  • an active e-mail account,

  • cookies enabled,

  • Flash Player installed.

§ 5

General Information

  1. The Seller shall not be liable, to the maximum extent permitted by law, for disruptions to the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the Store with the Customer’s technical infrastructure.

  2. Browsing the Store’s assortment does not require an Account. Orders may be placed either with an Account or without one (after providing the personal and address data necessary to fulfil the Order).

  3. Prices in the Store are given in Polish zloty (and other currencies if the Customer switches currency in the menu) and are gross prices (including taxes).

  4. The final amount payable consists of the Product price and the delivery cost, which is shown to the Customer during the ordering process.

  5. For agreements including subscriptions or services for an indefinite period, the final price is the total price covering all payments for the billing period.

  6. Where the nature of the Agreement reasonably prevents prior calculation of the final price, information on the method of price calculation and on delivery/postal/other costs is provided in the Product description.

§ 6

Creating an Account in the Store

  1. To create an Account, complete the Registration Form, providing: first name, last name, delivery address, phone number, e-mail address, and for business customers also the company name, company address, and VAT ID (NIP).

  2. Creating an Account is free of charge.

  3. Logging in is done using the login and password set in the Registration Form.

  4. The Customer may delete the Account at any time by sending a request to the Seller (by e-mail or in writing to the address in § 3).

§ 7

Placing an Order

To place an Order:

  1. log in to the Store (optional),

  2. select a Product and click “Add to cart”,

  3. log in or use guest checkout,

  4. for guest checkout – complete the Order Form (recipient data, delivery address, delivery method, invoice details),

  5. click “Order and pay” and confirm the order by clicking the link sent via e-mail,

  6. choose a payment method and pay within the time specified in § 8(3).

§ 8

Delivery and Payment Methods

  1. Delivery methods:

  • postal shipment, InPost, parcel lockers,

  • courier shipment,

  • personal collection (Szosa Bydgoska 56, Toruń, Poland).

Payment methods:

  • bank transfer to the Seller’s account,

  • electronic payments (PayNow, PayPal),

  • payment by payment card.

Detailed information on delivery and payment methods is available on the Store’s pages.

§ 9

Performance of the Sales Agreement

  1. A Sales Agreement is concluded after the Customer places an Order and the Seller confirms it by e-mail.

  2. For payment by bank transfer, electronic payment, or card – payment must be made within 3 calendar days; otherwise, the Order will be cancelled.

  3. For personal collection – payment is made on collection within 3 days of receiving the readiness-for-pickup notice.

  4. The Product delivery time is indicated in the Product description and depends on the selected payment method.

  5. For Orders with different delivery times, the longest time applies unless the Customer requests split deliveries.

  6. Deliveries are made within Poland and the European Union.

  7. Delivery is chargeable unless the Agreement states otherwise. Personal collection is free of charge.

§ 10

Right of Withdrawal

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

  2. The period is counted from the day the Product is received by the Consumer (or the last Product in the case of multiple items).

  3. Withdrawal is effected by submitting a withdrawal statement (by post, fax, e-mail, or via an online form).

  4. The Seller will confirm receipt of the withdrawal statement by e-mail.

  5. In the event of withdrawal, the Agreement is deemed not concluded.

  6. The Seller will refund all payments to the Consumer within 14 days of receiving the withdrawal statement (excluding any additional delivery costs chosen by the Consumer beyond the least expensive standard method offered).

  7. Refunds are made using the same means of payment used by the Consumer unless the Consumer expressly agrees otherwise at no cost.

  8. The Seller may withhold the refund until the Product is received back or the Consumer provides proof of its return, whichever occurs first.

  9. The Consumer shall return the Product within 14 days to the Seller’s address indicated in these Terms and Conditions and bears the direct cost of return.

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

  11. The right of withdrawal does not apply, inter alia, to:

  • items made to the Consumer’s specifications or clearly personalised,

  • sealed goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery,

  • goods liable to deteriorate rapidly or with a short shelf life,

  • services performed in full with the Consumer’s express consent and acknowledgement of losing the right of withdrawal,

  • digital content not supplied on a tangible medium once performance has begun with the Consumer’s prior express consent.

§ 11

Complaints and Warranty

  1. Products offered in the Store are new.

  2. If a purchased item is defective, the Customer has the right to lodge a complaint under the Civil Code provisions on statutory warranty (rękojmia).

  3. Complaints may be submitted in writing or by e-mail.

  4. A complaint should include: a description of the defect, circumstances (including date) of its occurrence, Customer details, and the Customer’s request.

  5. Goods should be returned to the address indicated in § 3.

  6. The Seller will respond to the complaint without undue delay, and if the Customer is a Consumer – no later than within 14 days. Failure to respond within 14 days shall be deemed acceptance of the complaint.

  7. If a Product is covered by a manufacturer’s warranty, information and terms are provided in the Product description; a warranty card is included with the Product.

§ 12

Out-of-Court Complaint Resolution and Redress

  1. Detailed information on the Consumer’s ability to use out-of-court complaint and redress mechanisms and access to these procedures is available from municipal/poviat consumer ombudsmen, consumer organisations, the Voivodeship Inspectorates of Trade Inspection, and on the website of the Office of Competition and Consumer Protection (UOKiK).

  2. The Consumer may, in particular:

  • apply to a permanent consumer arbitration court for dispute resolution,

  • apply to the Voivodeship Inspector of Trade Inspection for mediation,

  • obtain free assistance from a municipal consumer ombudsman or consumer organisations (e.g., the Federation of Consumers).

§ 13

Personal Data in the Online Store

  1. The Seller is the controller of Customers’ personal data collected via the Store.

  2. Personal data are processed to perform the Sales Agreement and, if the Customer consents, also for marketing purposes.

  3. Recipients of data may include:

  • carriers and intermediaries performing deliveries on behalf of the Seller,

  • providers processing electronic and card payments in the Store.

The Customer has the right to access and rectify their data.

Providing data is voluntary, but failure to provide the data required by these Terms and Conditions will prevent the conclusion of the Sales Agreement.

§ 14

Final Provisions

  1. Agreements concluded via the online Store are made in the Polish language.

  2. The Seller may amend these Terms and Conditions for valid reasons (e.g., changes in law, payment or delivery methods) to the extent they affect the implementation of these Terms and Conditions. Customers will be informed of changes at least 7 days in advance.

  3. For matters not regulated herein, generally applicable Polish law applies, in particular: the Civil Code, the Act on Rendering Electronic Services, the Consumer Rights Act, and the Personal Data Protection Act.

  4. The Customer may use the EU ODR platform available at: http://ec.europa.eu/consumers/odr/.

Note: This English version is provided for convenience. In case of discrepancies, the binding version is the Polish original.