TERMS AND CONDITIONS OF THE ONLINE SHOP

WWW.EUROPLYTKI.PL

§ 1

GENERAL PROVISIONS

  1. The www.europlytki.pl shop operates on the principles specified in these Regulations.

  2. The Regulations specify the conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.europlytki.pl shop, the rules for the provision of these services, and the conditions for the conclusion and termination of agreements on the provision of electronic services.

  3. Each Customer is obliged to comply with the provisions of these Regulations as soon as he or she starts to use the Electronic Services of the www.europlytki.pl shop.

  4. In matters not covered by these Regulations, the provisions of:

    1. Act on provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended),

    2. Act on consumer rights of 30 May 2014. (Journal of Laws 2014 item 827),

    3. Act on out-of-court settlement of consumer disputes of 23 September 2016. (Dz.U. 2016 item 1823),

    4. Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) and other relevant provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

  1. CONTACT FORM - form available on the website www.europlytki.pl enabling sending a message to the Service Provider.

  2. FORM REGISTRATION FORM - form available on the website www.europlytki.pl allowing you to create an Account.

  3. FORM ORDER FORM - a form available on the website www.europlytki.pl allowing for the placement of an Order.

  4. CUSTOMER . - A Customer who intends to conclude or has concluded a Sales Agreement with the Seller.

  5. CONSUMER . - natural person who makes a legal transaction with the trader which is not directly related to his/her economic or professional activity.

  6. ACCOUNT . - a set of resources in the Service Provider's information and communication system, marked with an individual name (login) and password, in which the Customer's data is collected, including information about placed Orders.

  7. PRODUCT - a movable item available in the Store or a service, which is the subject of a Sales Agreement between the Customer and the Seller.

  8. REGULATIONS - these rules of the Store.

  9. SHOP - Service Provider's online shop operating at www.europlytki.pl.

  10. SELLER ., SERVICE PROVIDER - Krystyna Gorzewska conducting business activity under the name Gorzewska Krystyna Przedsiębiorstwo Handlowo-Usługowe "CER-GRES" registered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the minister competent for economy, place of business and address for service: ul. Kolberga 4, 26-300 Opoczno, NIP: 7681001204, REGON: 590343898, electronic mail address (e-mail): biuro@europlytki.pl

  11. FEEDBACK SYSTEM - Electronic Service made available to Customers by the Service Provider, enabling them to post opinions on Products.

  12. CONTRACT OF SALE - Agreement for the sale of a Product concluded between the Customer and the Seller through the Shop.

  13. SERVICE ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer through the Shop.

  14. USER - natural person, legal person or organisational unit without legal personality, to which legal capacity is granted by law, using an Electronic Service.

  15. ORDER - Customer's declaration of will constituting an offer to conclude a Sales Agreement for a Product with the Seller.

§ 3

INFORMATION ABOUT PRODUCTS AND ORDERING THEM

  1. The www.europlytki.pl shop conducts retail and wholesale sales of Products via the Internet.

  2. Products offered in the Shop are new, free from physical and legal defects and have been legally introduced into the Polish market.

  3. The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the conditions specified in its description.

  4. The price of a Product shown on the website of the Store is given in Polish zloty (PLN) and includes all the components, including VAT. The price does not include delivery costs.

  5. The Product price shown on the Shop website is binding at the moment of placing the Order by the Customer. This price shall not be changed, irrespective of price changes in the Shop, which may occur for individual Products after the Customer has placed the Order.

  6. Orders can be placed:

    1. via the website using the Order Form (Shop www.europlytki.pl) - 24 hours a day throughout the year,

    2. via email to: biuro@europlytki.pl

  1. In order to place an Order, the Customer is not obliged to register an Account with the Store.

  2. As a condition for placing an Order in the Store, the Customer is required to read the Terms and Conditions and accept their provisions at the time of placing the Order.

  3. Products on promotion (sale) have a limited number of pieces and Orders for them shall be processed in the order of their receipt until the stocks of a given Product are exhausted.

§ 4

CONCLUSION OF THE SALES AGREEMENT

  1. In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means of the methods made available by the Seller, in accordance with § 3 item 6 and 8 of the Terms and Conditions.

  2. After placing an Order, the Seller shall immediately confirm its receipt.

  3. Confirmation of receipt of the Order, as referred to in point 2 of this paragraph, binds the Customer to his Order. Confirmation of receipt of the Order is made by sending an e-mail message.

  4. Confirmation of receipt of the Order contains:

    1. confirmation of all essential elements of the Order,

    2. withdrawal form,

    3. these Terms and Conditions including instructions on the right of withdrawal.

  5. Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.

  6. Each Sales Agreement will be confirmed with a proof of purchase (VAT invoice), which will be attached to the Product and/or sent by e-mail to the Customer's e-mail address provided in the Order Form.

§ 5

METHODS OF PAYMENT

  1. The Seller provides the following payment methods:

    1. payment by traditional transfer to the Seller's bank account,

    2. payment via electronic payment system (Przelewy24.pl, PayU.pl),

    3. payment on delivery at the seller's premises, i.e. cash on delivery.

  2. In the case of payment by traditional transfer, the payment should be made to the bank account no: 50 1020 5558 1111 1393 9360 0091 (PKO BP INTELIGO.) Gorzewska Krystyna Przedsiębiorstwo Handlowo-Usługowe "CER-GRES", ul. Kolberga 4, 26-300 Opoczno, NIP: 7681001204. In the transfer title, please write "Order No. ...".

  3. In case of payment via electronic payment system, the Customer shall make the payment before the Order is processed. The electronic payment system makes it possible to pay by credit card or fast transfer from selected Polish banks.

  4. In the case of payment on delivery, the shipment is sent after verification of the correctness of the address data. The Customer is obliged to pay for the Order and collect the Product from the supplier.

  5. The Customer is obliged to pay the price of the Sales Agreement within 3 working days from the date of its conclusion, unless the Sales Agreement states otherwise.

  6. If the Customer chooses to make the payments described in points 1.1 and 1.2 of this paragraph, the Product will be dispatched only after it has been paid for.

§ 6

COST, DEADLINE AND METHODS OF PRODUCT DELIVERY

  1. The Product delivery costs, which are covered by the Customer, are determined during the Ordering process and depend on the choice of payment method and delivery method for the purchased Product.

  2. The Product delivery period consists of the Product completion time and the Product delivery time by the carrier:

    1. The time for completion of the Products ranges from 1 to 3 working days after:

  1. funds paid for the Sales Contract are credited to the Seller's account or

  2. positive authorisation of the transaction by the electronic payment system or

  3. acceptance of the Order for execution by the Seller in the case of choosing cash on delivery.

    1. Delivery of the Products being movables by the carrier takes place within the timeframe declared by the carrier, i.e. from 1 to 2 working days from the moment of sending the parcel (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).

  1. Products purchased from the Store are shipped exclusively in Poland via a courier company.

  2. Products purchased in the Shop may be collected by the Customer in person at the address: ul. Kolberga 4, 26-300 Opoczno

§ 7

PRODUCT COMPLAINTS

  1. Warranty claims.

    1. All Products offered in the Shop carry a guarantee valid in the territory of the Republic of Poland.

    2. The guarantee period for the Products is 24 months and is calculated from the date of delivery of the Product to the Customer.

    3. The document entitling to guarantee protection is the proof of purchase.

    4. The guarantee does not exclude the rights of the Consumer or the entity referred to in § 10 of the Terms and Conditions, resulting from warranty for physical and legal defects of the Product, as defined in the Civil Code.

  1. Warranty complaint.

    1. The basis and scope of the Seller's liability towards the Customer who is a Consumer or entity referred to in § 10 of the Terms and Conditions under warranty covering physical and legal defects are defined in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).

    2. The notification of defects concerning the Product and the submission of the relevant request can be made via e-mail to: biuro@europlytki.pl or in writing to the address: ul. Kolberga 4, 26-300 Opoczno

    3. In the above-mentioned written or electronic message, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller.

    4. To assess physical defects of the Product, it should be delivered to the address: ul. Kolberga 4, 26-300 Opoczno

    5. The Seller shall respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint.

    6. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider the complaint within 14 days of its submission is tantamount to accepting it. In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall cover the costs of collection, delivery and replacement of the Product with a defect-free one.

    7. The response to the complaint shall be given on paper or on another durable medium e.g. by e-mail or SMS.

§ 8

RIGHT OF WITHDRAWAL

  1. Subject to clause 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, who has concluded a remote agreement, may withdraw from it without stating reasons, by making a declaration to that effect within 14 days. In order to meet this deadline it is sufficient to send a declaration of withdrawal made available by the Store.

  2. In the case of withdrawal from the contract, the Sales Agreement shall be considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without delay, but no later than 14 days from the date on which they have withdrawn from the contract, unless the Seller offered to collect the Product themselves. To meet the deadline it is sufficient to send back the Product before its expiry.

  3. In the case of withdrawal from the Sales Agreement, the Product should be returned to the address: ul. Kolberga 4, 26-300 Opoczno

  4. The Consumer or entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should only handle and inspect the Products in the same manner as they would do in a stationary shop.

  5. Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with the costs of delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different method of reimbursement which does not involve any costs for them. Subject to point 7 of this paragraph, the return shall take place immediately and at the latest within 14 days from the receipt by the Seller of the notice of withdrawal from the Sales Agreement.

  6. If the Consumer or entity referred to in § 10 of these Terms and Conditions chose a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Shop, the Seller shall not be obliged to reimburse them the additional costs incurred by them.

  7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions itself, the Seller may withhold the reimbursement of the payment received from the Consumer until it receives the item back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides evidence of its return, whichever event occurs first.

  8. The Consumer or the entity referred to in § 10 of the Terms and Conditions, withdrawing from the Sales Agreement, pursuant to point 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.

  9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be counted from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions took possession of the Product, and in the case of services from the date of conclusion of the contract.

  10. The Consumer or entity referred to in § 10 of the Terms and Conditions shall not have the right to withdraw from a distance contract in the case of a Sales Agreement:

    1. in which the subject matter of the performance is a non-refabricated item produced to the consumer's specification or serving to satisfy his/her individualised needs,

    2. in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery,

    3. where the object of the supply is an item which, once supplied, by its nature becomes inseparable from other goods,

    4. where the object of the performance is a service if the seller has performed the service in full with the express consent of the consumerwho has been informed before the performance starts that after the Seller's performance he will lose the right to withdraw from the contract.

  1. The right of withdrawal from the Sales Agreement shall apply to both the Seller and the Customer in the event of non-performance by the other party to the agreement of its obligations within a strictly specified period of time.

§ 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

  1. This paragraph contains provisions concerning only entrepreneurs not covered by the protection of the Consumer Rights Act referred to in § 10 of the Terms and Conditions..

  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from its conclusion. In this case the withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

  3. The Seller shall have the right to limit, in relation to Customers who are not Consumers, the payment methods made available by the Seller, including the requirement to prepay a part or the whole sales price, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

  4. Benefits and burdens associated with the Product as well as the danger of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer from the moment the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delay in transporting the consignment.

  5. If the Product is sent to the Customer by a carrier, the Customer who is not a Consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If he finds that a defect or damage to the Product has occurred during carriage, he is obliged to perform all actions necessary to establish the carrier's liability.

  6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

§ 10

PROVISIONS CONCERNING ENTREPRENEURS ON THE RIGHTS OF CONSUMERS

(effective as of 1 January 2021)

  1. A sole trader (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the Sales Contract he concludes with the Seller is not of a professional nature.

  2. A person conducting business activity, referred to in point 1 of this paragraph, shall be protected only with respect to:

    1. prohibited contractual provisions - so-called abusive clauses,

    2. liability under warranty for physical and legal defects of the Product, pursuant to § 7 of the Terms and Conditions,

    3. right of withdrawal from a contract concluded at a distance, pursuant to § 8 of the Terms and Conditions.

  3. The entrepreneur referred to in point 1 of this paragraph shall lose his/her rights under consumer protection if the Sales Agreement which he/she has concluded with the Seller has a professional character, which is verified on the basis of the entrepreneur's entry in the Centralna Ewidencja i Informacja o Działalności Gospodarczej Rzeczypospolitej Polskiej, in particular the Polish Classification of Business Activity codes indicated there.

  4. Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for consumers by county consumer ombudsmen or the President of the Office of Competition and Consumer Protection.

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables via the Shop the use of Electronic Services such as:

    1. concluding Product Sales Agreements,

    2. maintaining an Account in the Shop,

    3. Rating system.

  2. The provision of Electronic Services to Service Recipients in the Shop is subject to the terms and conditions set out in the Terms and Conditions.

  3. The Service Provider is entitled to place advertising content on the Shop's website. Such content is an integral part of the Shop and the materials presented therein.

§ 12

TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING CONTRACTS FOR ELECTRONIC SERVICES

  1. The provision of Electronic Services as defined in § 11(1) of the Regulations by the Service Provider is free of charge.

  2. The period for which the agreement is concluded:

    1. the contract for the provision of Electronic Services consisting of the possibility of placing an Order in the Shop is concluded for a definite period of time and is terminated when the Order is placed or when the Customer ceases to place it.

    2. agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time.

    3. The agreement for the provision of Electronic Services consisting of the use of the Rating System shall be concluded for a definite period of time and shall terminate as soon as the Customer posts an opinion or ceases to use this Service.

  3. Technical requirements necessary for the operation of the ICT system used by the Service Provider:

    1. a computer (or mobile device) with Internet access,

    2. access to e-mail,

    3. web browser,

    4. cookies and Javascript enabled in the web browser.

  4. The Customer is obliged to use the Shop in a manner compliant with the law and good manners, with due regard for personal rights and intellectual property rights of third parties.

  5. The Customer is obliged to enter data in accordance with the facts.

  6. The Customer is prohibited to provide unlawful content.

§ 13

COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services through the Shop may be submitted by the Client via e-mail to the address: biuro@europlytki.pl

  2. In the above-mentioned e-mail message, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider.

  3. The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of notification.

  4. The Service Provider's response to the complaint shall be sent to the Client's e-mail address provided in the complaint notification or in any other manner provided by the Client.

§ 14

TERMS OF TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Termination of the agreement for the provision of Electronic Services:

    1. A contract for the provision of an Electronic Service of a continuous and indefinite nature (maintaining an Account) may be terminated.

    2. The Customer may terminate the contract with immediate effect and without indicating reasons by sending a relevant statement via e-mail to: biuro@europlytki.pl

    3. The Service Provider may terminate the agreement for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Terms and Conditions, in particular if he/she provides content of an unlawful nature, after an ineffective prior request to cease violations with the setting of an appropriate period of time. In such a case, the Agreement shall expire 7 days after the declaration of intent to terminate the Agreement (notice period).

    4. The termination leads to the termination of the legal relationship with effect for the future.

  2. The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.

§ 15

INTELLECTUAL PROPERTY

  1. All content posted on the website at www.europlytki.pl is protected by copyright and (subject to § 15 para. 3) are the property of Krystyna Gorzewska conducting business activity under the firm Gorzewska Krystyna Przedsiębiorstwo Handlowo-Usługowe "CER-GRES", ul. Kolberga 4, 26-300 Opoczno, NIP: 7681001204, REGON: 590343898. The Customer is fully liable for any damage caused to the Service Provider as a result of the use of any content of www.europlytki.pl website, without the consent of the Service Provider.

  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of the www.europlytki.pl website constitutes an infringement of the Service Provider's copyright and results in civil and criminal liability.

  3. All trade names, Product names, company names and their logos used on the Shop website at www.europlytki.pl belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Shop's website at www.europlytki.pl are used for information purposes.

§ 16

FINAL PROVISIONS

  1. Contracts concluded through the Store are concluded in accordance with Polish law.

  2. If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.

  3. Any disputes arising from Sales Agreements between the Shop and Consumers shall be resolved first of all by way of negotiations, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of disputes. on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction, in accordance with point 4 of this paragraph.

  4. Judicial resolution of disputes:

    1. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in §10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296 as amended).

    2. Any disputes arising between the Service Provider and a Customer (Client) who is not a Consumer as referred to in §9 of the Terms and Conditions shall be submitted to the court with jurisdiction over the Service Provider's registered office.

  5. A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for the case to be considered by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. The out-of-court settlement of claims after the complaint procedure is free of charge.

  6. In order to resolve a dispute amicably, the consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.