Terms and conditions of the www.ewelplast.pl online shop
I. DEFINITIONS AND GENERAL PROVISIONS
EWEL PLAST Z O.O. with registered office in Lipiny 83B, 92-701 Łódź, tax ID [NIP] 7282859405, REGON no. 521186808 KRS number 0000949865
hereinafter referred to as: “Seller”, introduces these terms and conditions for the ewelplast.pl online shop, in which the following terms are to be understood:
- “Consumer” – a person as defined in Art. 221 of the Civil Code, i.e. a natural person who enters into a legal transaction with an entrepreneur which is not directly related to their economic or professional activity.
- “Customer” – a natural person with full legal capacity, a legal person or an organisational unit without legal capacity who has entered into a agreement of sale with the Seller through the Shop or subscribed to the Newsletter.
- “Terms and Conditions” – these terms and conditions of the Shop,
- “Account” – a Customer Account created by the Customer in accordance with the rules set out in the Terms and Conditions.
- “Shop” – the online shop located on ewelplast.co.uk and its sub-sites.
- The Terms and Conditions are Terms and Conditions within the meaning of Art. 8 of the Act of 18 July 2002 on the provision of electronic services.
- The Terms and Conditions define the principles according to which the Seller provides electronic services to the Customers, which include the conclusion of agreements for the sale of goods from the Shop’s range of products at the prices indicated on the relevant pages of the Shop via the Internet.
All content presented on the website or on the Shop’s subsites, in particular advertisements, price lists, product descriptions and other information, does not constitute a commercial offer within the meaning of Art. 66 and 661 of the Civil Code, but an invitation to conclude a agreement ( Art. 71 of the Civil Code) The prices of the goods are expressed in PLN.
- The Customer’s computer or other terminal equipment does not need to meet any specific technical requirements in order for the Customer to use the Shop. Internet access, the Customer’s email address, a standard operating system and web browser are sufficient.
- Correct use of the Account by the Customer and placing an order in the Shop require that cookies are enabled in the Internet browser. Detailed information on cookies is contained in the provisions of the Policy.
II. CREATE ACCOUNT
- The creation of an Account in the Shop requires the conclusion of an Account agreement. To do this, a person wishing to create an account in the shop should click on the “Login” tab in the top right-hand corner of each of the subsites that make up the shop, and then fill in all the mandatory fields of the form (username, email address, account password). The form constitutes an offer by the Seller to the prospective Customer to enter into a agreement for the creation of an account in the Shop. Adding illegal content to the form is prohibited. An account may be opened in the Shop by any natural person with full legal capacity, or by any legal person or organisational unit without legal capacity to which the law grants legal capacity.
- Acceptance of the Terms and Conditions and Policies is required to submit the registration form and complete the registration procedure in the Shop.
- Your email address and password will be your login details once your account is set up.
- Clicking on the “Registration” button sends the registration form and is tantamount to accepting the Seller’s offer referred to in paragraph 1 of this section. At this point, an agreement on the creation of an account in the Shop is concluded between the Seller and the person who filled in the registration form.
- Once the agreement has been concluded in accordance with the provisions of the previous paragraph, the Seller shall send the Customer a message to the e-mail address provided by the Customer confirming the creation of an account in the Shop. An account may be required to use certain features and take advantage of offers requiring discount codes or other promotions that may be exclusive to account holders.
- If the Customer is a Consumer, the Customer shall have the right to withdraw from the agreement for the creation of an Account, without stating reasons, within 14 days from the date of its conclusion, i.e. from the moment specified in the provision of paragraph 4 of this section. Provisions of § 9 section 2-3 shall apply accordingly.
- The Customer shall store the login data in the Shop carefully so that unauthorised persons cannot access this data.
- An Account can also be created with the order placement, as will be discussed below.
- The agreement for creating an Account is concluded for an indefinite period of time.
- It is possible to terminate the Account agreement, either by the Customer or by the Seller:
- Termination of the Account agreement by the Customer:
- the customer should submit a statement of termination of the account agreement to the seller by sending a notice of termination to firstname.lastname@example.org.
- The agreement shall be terminated upon receipt of the notice of termination by the Seller.
12. Termination of the agreement for the establishment of an Account by the Seller:
- The Seller may terminate the agreement if the Shop closes or if the Customer provides unlawful or untrue information in the registration form or when purchasing goods, in particular personal data of third parties who have not authorised the creation of an account in their name.
- The agreement to set up an Account in the Shop terminated by the Seller shall be terminated at the end of a one-week notice period.
III. PURCHASING IN THE SHOP
- Sales are based on orders placed by the customer in the shop. Orders can be placed:
- via email: email@example.com
- via the Shop’s purchase form (shopping cart),
- The orders referred to in § 5 par. 1 let. b. and c. can be submitted 7 days a week, 24 hours a day. The orders referred to in § 5 par. 1 let. a. can be submitted from Monday to Friday between 8 a.m. and 4 p.m.
- The prices of the products in the Shop’s range are expressed in PLN and include VAT. Prices quoted do not include: postage, payment processing costs.
- The Seller informs about the possibility of introducing changes to the Shop’s assortment, prices of goods, and the option of introducing, carrying out and cancelling promotional/ discount actions. The implementation of the above changes will not affect existing agreements with customers for the sale of individual goods.
- The shop fulfils orders in Poland.
- In order to conclude a sales agreement with the Seller via the Shop’s shopping form (shopping cart), the Customer should select the type of goods they are interested in on the Shop’s main page.
- The customer should then select the goods and quantities they are interested in and click the ‘Add to cart’ button next to the items they have selected.
- Once the Customer has added the goods they wish to purchase from the Shop to the cart, the Customer will automatically be taken to a page containing a summary of the cart. The retailer asks you to verify your shopping cart.
- The goods that the customer has added to the shopping cart are not reserved or ordered. Once the goods have been added to the shopping cart, the Customer can change the quantity of goods they wish to purchase from the Store, add further goods to the shopping cart, remove them, or cancel additional purchases. Changes must be confirmed by clicking on the “Update Shopping Cart” button.
- At this stage, the customer has the option to take advantage of the disccanounts granted by entering the discount coupon code in the relevant form and then clicking on the “Apply Coupon” button.
- Once the cart has been verified, the customer should select the place of shipping of the goods. To do this, the customer should click on the “Calculate Shipping Costs” button and then fill in the fields on the shipping form accordingly. Once your shipping details have been approved, you will be shown the shipping costs. It is possible to update the shipping details by clicking on the “Change Address” button, fill in the form fields and click on the “Update” button.
- In order to conclude the purchase agreement for the goods in the shopping basket, the customer should then click on the “Proceed to Checkout” button. At this stage, the customer indicates the data necessary for the correct order processing, i.e. name, surname, country, city, shipping address, telephone number, and e-mail address. The Customer will also be able to add any additional comments to the order, enter a discount voucher code (if not already done) and update the order’s shipping method. Once you have entered your details and selected your shipping and payment options, click “Buy and Pay.”
- If the Customer does not have an account, he/she may create one at this stage (see § par. 9) or you can place an order without registering by filling in the form with the data required for the order to be processed.
- If the Customer chooses to place an order without creating an Account, then acceptance of the Terms and Conditions and Policies is required to place the order. If the customer has an account, they should log in to it.
- It is prohibited to include unlawful content in the forms.
- Customers can also place an order by hovering over the ‘Shop’ tab and then clicking on the type of goods they are interested in. The above opens up the possibility for the Customer to place an order in any of the ways indicated in § 6.1 of the Terms and Conditions. If you wish to place an order using the shop’s purchase form (shopping basket), click on the “Shop Now” button. Provisions of § 6 section 3-8 and 10 of the Terms and Conditions shall then apply mutatis mutandis.
- The Seller informs the Customer that the Seller may contact the Customer by telephone at the telephone number provided by the Customer during the ordering process in order to further confirm the order.
IV. shipping AND PAYMENT
- The shipping method and the cost of the goods will be specified each time an order is placed.
- The following shipping methods are available: DPD, Fedex, Inpost, Orlen Paczka, Poczta Polska, UPS, DHL.
- The following payment methods are available: bank transfer, and electronic payment: Przelewy24.
- The cost of payment and shipping of the goods shall be borne by the customer. The Seller may stipulate that once the Customer has exceeded a certain price threshold, the Seller will pay the shipping costs. The Seller shall inform the Customer of the methods and costs of shipping before concluding a agreement of sale with the Customer for the goods in the Customer’s shopping basket.
V. RIGHT OF WITHDRAWAL
- If the Customer is a Consumer, he/she has the right to withdraw from the distance agreement concluded with the Seller without giving reasons and without incurring additional costs. The Customer may effectively exercise the right of withdrawal within 14 days. The cancellation period expires 14 days after the day on which the Customer has taken possession of the goods, or on which a third party other than the carrier designated by the Customer has taken possession of the goods.
- In order to exercise the right of withdrawal, the Consumer should send an unambiguous notice of withdrawal to the Seller (e.g. in writing by post to ul. Warszawska 91, 95-200 Pabianice or by e-mail at the Seller’s address: firstname.lastname@example.org with the annotation “withdrawal”).
- The Consumer may also withdraw from the agreement by means of the withdrawal form set out below.
- The Seller points out that there is no right of withdrawal.
- where the subject of the service is a perishable or short-life item.
- if the subject of the agreement is goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after shipping.
- If the right of withdrawal is exercised, the Consumer must return or hand over the goods to the Seller without delay, and in any case within 14 days of the date on which he notified the Seller of his intention to withdraw from the agreement. The time limit is met if the consumer sends the item back before the expiry of the 14-day period. The direct cost of returning the goods will be borne by the consumer.
- If the Consumer has chosen a shipping method other than the cheapest standard shipping method offered by the Seller, the Seller shall not be obliged to compensate the consumer for the additional costs incurred.
- The Seller shall refund to the Consumer all sums paid by the Consumer, including the cost of shipping of the items (excluding any additional charges resulting from the Consumer’s choice of shipping method other than the cheapest standard shipping method offered by the Seller), without delay and at the latest within 14 days of receipt of the Consumer’s declaration of withdrawal from the agreement. The Seller will refund the payment using the same means of payment used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise – in any event, the Customer will not incur any charges for this refund.
- The Seller informs that, in accordance with the Consumer Rights Act of 30 May 2014, it may withhold reimbursement until it has received the item from the Consumer or until it has provided proof of return, whichever event occurs.
- The Consumer shall only be liable for any reduction in the value of the Goods resulting from use of the item other than that necessary to determine the nature, characteristics and functioning of the item.
- The seller informs you that it is the seller’s duty to deliver goods which are free from defects.
- The complaint procedure starts from the moment of receiving the letter of complaint to EWEL PLAST Sp. z o.o. at the following address email@example.com Complaints are dealt with on the basis of the Act of 30 May 2014 on consumer rights , and the Act of 23 April 1964 of the Civil Code. Complaints are dealt with within 14 days of receiving a written complaint.
- The retailer asks you to shop carefully. At the same time, the Seller points out that, due to the characteristics of the goods, the complaint can, in principle, concern unprocessed goods.
VII. AMENDMENTS TO THE TERMS AND CONDITIONS
- The Seller shall only be entitled to unilaterally amend the Terms and Conditions if one of the following reasons applies
- the introduction by the Seller of new services related to the Shop,
- changes to the shipping or payment methods, changes to the shipping costs or payment costs,
- a change in the form of the Seller’s business,
- or purchase path modification.
- changes in the law that require the provisions of the Terms to be adapted to such changes, in which case the Terms are amended only to the extent necessary to adapt their content to the new legal requirements.
- The Seller shall make available to the Customers information about the planned changes to the Term and Conditions and a proposal for the content of the new Terms and Conditions at least 14 days before the date on which the planned changes enter into force. To this end, the Seller may email Customers with a Store Account or who are subscribed to a newsletter to inform them of the planned changes. A Customer who has received such notice and who does not accept the proposed content of the new Terms and Conditions may terminate its account with the Shop by delivering to the Seller a notice of withdrawal of acceptance of the new Terms and Conditions (in any form). However, if the Customer does not withdraw his or her consent prior to the effective date of the new version of the Terms and Conditions, the new version of the Terms and Conditions shall be binding on the Customer from the date specified as the effective date of the new version of the Terms and Conditions.
- The Seller reminds that the consent to receive the newsletter can be withdrawn by the Customer at any time. Withdrawal of consent does not affect the legality of any previous sending of the newsletter.
- The Seller also points out that the changes to the Terms and Conditions do not apply to sales agreements concluded before the new version of the Terms and Conditions comes into force.
VIII. FINAL PROVISIONS
The Seller reminds you that it is forbidden to include illegal content in the Shop and in correspondence with the Seller.
The Seller informs that http://ec.europa.eu/consumers/odr/ is a forum for online dispute resolution (ODR, ADR) of distance agreement disputes between consumers and traders. If you encouter any problems, we encourage you to use it.
The Terms and Conditions are available at the seller’s head office and on the ewelplast.pl website.