Online Store Terms and Conditions
§ 1
Preliminary Provisions
The ELVERRE online store, available at www.elverre.pl (and at the subdomain sample.elverre.pl – PDLC film samples), is operated by Elvenica Spółka z ograniczoną odpowiedzialnością, entered in the National Court Register (KRS) kept by the District Court in Toruń under KRS number 0001213772,
NIP: 8792772945,
REGON: 543608391.
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online store and the procedure for concluding Distance Sales Agreements with the Customer.
§ 2
Definitions
Consumer – a natural person concluding an agreement with the Seller via the Store, the subject of which is not directly related to their business or professional activity.
Seller – a legal person conducting business activity under the name and details specified in § 1 section 1.
Customer – any entity making purchases via the Store.
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom a separate act grants legal capacity, conducting business activity 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 organized distance contracting system, without the simultaneous physical presence of the parties, using only means of distance communication.
Terms and Conditions – these Store Terms and Conditions.
Order – a declaration of intent made by the Customer via the Order Form, directly aiming at concluding a Sales Agreement for one or more Products with the Seller.
Account – a customer account in the Store where the Customer’s data and information about 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 element showing Products selected for purchase and allowing modification of Order data.
Product – a movable item or service available in the Store that is the subject of a Sales Agreement.
Sales Agreement – an agreement for the sale of a Product concluded between the Customer and the Seller via the online Store. Depending on the nature of the Product, this may also mean a service agreement or a contract for specific work.
§ 3
Contact with the Store
Seller’s address: ul. Polna 4, 87-162 Lubicz Górny
E-mail: biuro@elverre.pl
Phone: +48 799 098 777
The Customer may contact the Seller using the above details.
Telephone contact is available from Monday to Friday between 8:00 a.m. and 4:00 p.m., and on Saturdays between 10:00 a.m. and 1:00 p.m.
§ 4
Technical Requirements
To use the Store, the following are required:
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an end device with Internet access and a web browser (IE, Chrome, Firefox, Opera),
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an active e-mail account,
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enabled cookie support,
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installed Flash Player software.
§ 5
General Information
The Seller shall not be liable for disruptions in the functioning of the Store caused by force majeure, actions of third parties, or incompatibility of the Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Orders may be placed both with and without an Account (after providing personal and address data).
Prices in the Store are given in Polish zloty (and in other currencies if the Customer switches currency in the menu) and are gross prices.
The final amount payable consists of the Product price and the delivery cost, visible to the Customer when placing the Order.
In the case of agreements involving subscriptions or services provided for an indefinite period, the final price is the total price covering all payments for the billing period.
If the nature of the Agreement prevents prior calculation of the final price, information on the method of price calculation and delivery costs will be provided in the Product description.
§ 6
Creating an Account in the Store
To create an Account, the Customer must complete the Registration Form, providing: first name, last name, delivery address, phone number, e-mail address, and in the case of Entrepreneurs, also the company name, company address, and tax identification number (NIP).
Creating an Account is free of charge.
Logging into the Account is done using the login and password set in the Registration Form.
The Customer may delete the Account at any time by submitting an appropriate request to the Seller (by e-mail or in writing to the address indicated in § 3).
§ 7
Rules for Placing an Order
To place an Order, the Customer must:
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log into the Store (optional),
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select a Product and click “Add to cart”,
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log in or choose the option to place an Order without registration,
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in the case of an Order without registration – complete the Order Form (recipient data, delivery address, shipment type, invoice details),
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click “Order and pay” and confirm the Order by clicking the link sent in the e-mail message,
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select a payment method and make payment within the time limit specified in § 8 section 3.
§ 8
Available Delivery and Payment Methods
Delivery methods:
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postal shipment, InPost, parcel lockers,
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courier shipment,
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personal collection (ul. Polna 4, 87-162 Lubicz Górny) during business hours.
Payment methods:
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bank transfer to the Seller’s account,
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electronic payments (PayNow, PayPal),
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payment by payment card.
Detailed information regarding delivery and payment is available on the Store’s website.
§ 9
Performance of the Sales Agreement
The Sales Agreement is concluded upon placement of the Order by the Customer and its confirmation by the Seller via e-mail.
In the case of bank transfer, electronic payment, or card payment, payment must be made within 3 days; otherwise, the Order will be cancelled.
In the case of personal collection, payment is made upon collection, within 3 days from notification that the Order is ready.
The delivery time of the Product depends on the selected payment method and is indicated in the Product description.
For Orders with different delivery times, the longest delivery time applies unless the Customer requests a split delivery.
Deliveries are carried out within Poland and the European Union.
Delivery costs are payable unless the Agreement provides otherwise. Personal collection is free of charge.
§ 10
Right of Withdrawal from the Agreement
The Consumer has the right to withdraw from the Agreement within 14 days without giving any reason.
The period is calculated from the day the Product is received (or the last Product in the case of multiple items).
Withdrawal from the Agreement is effected by submitting a statement (by post, fax, e-mail, or via an online form).
The Seller confirms receipt of the statement by e-mail.
In the event of withdrawal, the Agreement is deemed not concluded.
The Seller refunds all payments made by the Consumer within 14 days of receiving the withdrawal statement (excluding additional delivery costs chosen by the Consumer).
The refund is made using the same payment method, unless the Consumer agrees otherwise.
The refund is made after receipt of the Product or proof of its return.
The Consumer must return the Product within 14 days to the Seller’s address, bearing the return costs.
The Consumer is liable for any reduction in the Product’s value resulting from use beyond what is necessary to establish its characteristics and functioning.
The right of withdrawal does not apply, inter alia, in the case of:
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goods manufactured according to the Consumer’s specifications,
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sealed products for hygiene reasons after opening,
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perishable goods,
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services fully performed with the Consumer’s consent,
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digital content delivered without a tangible medium once performance has begun.
§ 11
Complaints and Warranty
Products offered in the Store are new.
In the event of a defect, the Customer has the right to file a complaint in accordance with the Civil Code.
Complaints may be submitted in writing or by e-mail.
A complaint should include: a description of the defect, circumstances of its occurrence, Customer data, and the claim.
Products should be returned to the address specified in § 3.
The Seller shall respond to the complaint within 14 days. Failure to respond within this period means the complaint is deemed accepted.
If a Product is covered by a warranty, relevant information is provided in the Product description, and the warranty card is included with the shipment.
§ 12
Out-of-Court Complaint and Claim Settlement Methods
Detailed information is available on the websites of the Office of Competition and Consumer Protection (UOKiK) and consumer protection institutions.
The Consumer may, among others:
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apply to a permanent consumer arbitration court,
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request mediation from a provincial inspector of the Trade Inspection,
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seek assistance from a municipal consumer ombudsman or consumer organizations (e.g., the Consumer Federation).
§ 13
Personal Data in the Online Store
The Seller is the controller of Customers’ personal data.
Data are processed for the purpose of performing the Sales Agreement and, with the Customer’s consent, also for marketing purposes.
Data recipients include:
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carriers and intermediaries performing deliveries,
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electronic and card payment operators.
The Customer has the right to access and correct their data.
Providing data is voluntary but necessary to conclude the Agreement.
§ 14
Final Provisions
Agreements are concluded in the Polish language.
The Seller may amend the Terms and Conditions for valid reasons (e.g., changes in law, payment methods, or delivery methods). Customers will be informed of changes at least 7 days in advance.
In matters not regulated herein, Polish law shall apply, in particular the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, and the Personal Data Protection Act.
The Customer may use the ODR platform available at:
http://ec.europa.eu/consumers/odr/