Online Store Regulations
§ 1
Preliminary Provisions
1. The EUROSEAL online store, available at www.euroseal.pl, is operated by Euroseal Sp. z o.o. with its registered office in Warsaw at ul. Kaczorowej 37/11, registered in the National Court Register by the District Court in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000837991, with a share capital of PLN 20,000, Tax Identification Number (NIP) 5242900313, National Official Register of Business Entities (REGON) 385935502.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store, as well as the principles and procedure for concluding Distance Sales Contracts with the Customer through the Store.
§ 2
Definitions
1. 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.
2. Seller – Euroseal Sp. z o.o. with its registered office in Warsaw 03-046 ul. Kaczorowej 37/11, registered in the National Court Register by the District Court in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000837991, with a share capital of PLN 20,000, Tax Identification Number (NIP) 5242900313, National Official Register of Business Entities (REGON) 385935502.
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, legal person, and organizational unit without legal personality, to whom a separate act grants legal capacity, conducting business activity on their own behalf, who uses the Store.
5. Store – the online store operated by the Seller at www.euroseal.pl
6. Distance Contract – an agreement concluded with the Customer within an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment of concluding the agreement.
7. Regulations – these Store regulations.
8. Order – a declaration of the Customer’s will submitted using the Order Form and directly aiming at concluding a Sales Contract for a Product or Products with the Seller.
9. Account – a customer account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are collected.
10. Registration Form – a form available in the Store, enabling the creation of an Account.
11. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and defining the terms of the Sales Contract, including delivery and payment methods.
12. Cart – a software element of the Store, where Products selected by the Customer for purchase are visible, and where it is possible to determine and modify Order details, in particular the quantity of products.
13. Product – a movable item/service available in the Store that is the subject of a Sales Contract between the Customer and the Seller.
14. Sales Contract – a contract for the sale of a Product concluded or to be concluded between the Customer and the Seller through the online Store. The Sales Contract also refers to – depending on the characteristics of the Product – a contract for the provision of services and a contract for specific work.
§ 3
Contact with the Store
1. Seller’s Address: ul. Kaczorowej 37/11, 03-046 Warsaw
2. Seller’s Email Address: biuro@euroseal.pl
3. Seller’s Phone Number: 507 082 352
4. Seller’s Bank Account Number: PL 73 1140 2004 0000 3802 8252 6774
5. The Customer may communicate with the Seller using the addresses and numbers
of phones provided in this paragraph.
6. The Customer may contact the Seller by phone during the hours: 8:00 AM – 6:00 PM
§ 4
Technical Requirements
To use the Store, including browsing the Store’s assortment and placing
orders for Products, the following are necessary:
a. an end device with Internet access and a web browser
b. an active email account,
c. enabled cookie support,
d. installed FlashPlayer program.
§ 5
General Information
1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products available 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 fulfillment of the Order without creating an Account.
3. Prices provided in the Store are given in Polish Zloty and are net prices. In the final settlement, the Customer sees the gross price (including VAT) in the cart.
4. The final (total) amount to be paid by the Customer consists of the Product price and delivery cost (including transport, delivery, and postal services fees), of which the Customer is informed on the Store’s pages during the Order placement, including at the moment of expressing willingness to be bound by the Sales Contract.
5. In the case of a Contract covering a subscription or provision of services for an indefinite period, the final (total) price is the total price including all payments for the billing period.
6. If the nature of the subject of the Contract does not allow, reasonably assessing, for the prior calculation of the final (total) price, information on how the price will be calculated, as well as on transport, delivery, postal services fees, and other costs, will be provided in the Store in the Product description.
§ 6
Creating an Account in the Store
1. To create an Account in the Store, you must fill out the Registration Form. It is necessary to
provide the following data: first name and last name, company name, email, phone number, delivery address, billing address
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Customer has the option at any time, without giving a reason and without incurring any
fees for this, to delete the Account by sending a relevant request to the
Seller, in particular via email or in writing
to the addresses provided in § 3.
§ 7
Rules for Placing an Order
To place an Order, you must:
1. log in to the Store;
2. select the Product that is the subject of the Order, and then click the “Add to Cart” button;
3. fill out the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, select the type of shipment (Product delivery method), enter invoice details if they differ from the Order recipient’s details,
4. confirm reading the regulations;
5. click the “Buy and Pay” button
6. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.
§ 8
Offered Delivery and Payment Methods
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. Courier delivery
b. Personal collection available at: ul. Kaczorowej 37/11, 03-046 Warsaw
2. The Customer may use the following payment methods:
a. Bank transfer payment to the Seller’s account
b. Payment by payment card.
§ 9
Execution of the Sales Contract
1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment occurs by the Seller sending the Customer a relevant email message to the email address provided by the Customer during the Order placement, which contains at least the Seller’s declarations of receipt of the Order and its acceptance for fulfillment, and confirmation of the conclusion of the Sales Contract. Upon receipt of the aforementioned email message by the Customer, the Sales Contract between the Customer and the Seller is concluded.
3. In case the Customer chooses:
a. bank transfer payment, electronic payments, or payment by payment card, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Contract – otherwise, the order will be canceled.
4. 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 section), in the manner chosen by the Customer when placing the
Order.
5.
A. In the case of ordering Products with different delivery times, the delivery time is the longest specified period.
B. In the case of ordering Products with different delivery times, the Customer has the option to request delivery of Products in parts or delivery of all Products after the entire order has been completed.
6. The start of the Product delivery period to the Customer is calculated as follows:
a. If the Customer chooses payment by bank transfer or payment card – from the date the Seller’s bank account is credited.
7. If the Customer chooses personal collection of the 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 Product’s readiness for collection by sending a relevant email message to the email address provided by the Customer during the Order placement or by phone.
8. Product delivery takes place exclusively within Poland.
9. Product delivery to the Customer is subject to a fee, unless the Sales Contract states otherwise. The costs of Product delivery (including transport, delivery, and postal services fees) are indicated to the Customer on the online Store’s pages in the “Delivery Costs” tab and during the Order placement, including at the moment of the Customer expressing willingness to be bound by the Sales Contract.
10. Personal collection of the Product by the Customer is free of charge.
§ 10
Right of Withdrawal from the Contract
1. The Consumer may withdraw from the Sales Contract within 14 days without giving
any reason.
2. The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or to a person indicated by them other than the carrier.
3. In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.
4. The Consumer may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the declaration before its expiry.
5. The declaration may be sent via traditional mail or electronically by sending the declaration to the Seller’s email address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration can also be submitted on a form, the template of which constitutes Annex No. 1 to these Regulations and an annex to the Act of May 30, 2014, on consumer rights; however, this is not mandatory.
6. If the Consumer sends the declaration electronically, the Seller will send the Consumer a confirmation of receipt of the declaration of withdrawal from the Contract to the email address provided by the Consumer.
7. Effects of withdrawal from the Contract:
a. In the event of withdrawal from a Distance Contract, the Contract is considered not concluded.
b. In the event of withdrawal from the Contract, the Seller shall immediately, no later than within 14 days from the date of receiving the Consumer’s declaration of withdrawal from the Contract, refund all payments made by the Consumer, including the costs of delivering the goods, with the exception of additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller.
c. The Seller will refund payments using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any
costs for them.
d. The Seller may withhold the refund until the Product is received back or until proof of its return is provided, whichever occurs first.
e. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer
sends back the Product before the expiry of the 14-day period.
f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by courier in the usual manner.
g. The Consumer is only liable for any diminished value of the Product resulting from its use in a manner other than what was necessary to establish the nature, characteristics, and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
10. The right to withdraw from a distance contract does not apply to the Consumer in relation to a Contract:
a. where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs,
b. where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
c. where the subject of the service is an item that deteriorates quickly or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller’s performance, they would lose the right to withdraw from the Contract,
e. where 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 withdrawal period from the Contract,
f. where the subject of the service consists of items which, due to their nature, become inseparably combined with other items,
g. where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days, and whose value depends on market fluctuations over which the
Seller has no control,
h. where the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
i. for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription contract,
j. for the delivery of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the Contract,
§ 11
Complaints and Warranty
1. New Products are covered by the Sales Contract.
2. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations or by using the electronic complaint form, made available by the Seller on one of the subpages of the
Store.
3. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods.
4. The Seller will respond to the complaint request immediately, no later than within 14 days, and if they fail to do so within the deadline, it is considered that the Customer’s request has been deemed justified.
5. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.
§ 12
Out-of-court methods for handling complaints and pursuing claims
1. Detailed information regarding the Consumer’s ability to use out-of-court complaint handling and claim pursuit methods, as well as access rules to these procedures, are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates, and at the following websites 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 exemplary options for using out-of-court complaint handling and claim pursuit methods:
a. The Consumer is entitled to refer to the permanent consumer arbitration court, as mentioned in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve the dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to refer to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate
mediation proceedings regarding the amicable resolution of the dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving a dispute between them and the Seller by also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumer Association).
§ 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 executing the Sales Agreement, and if the Customer consents – also for marketing purposes.
3. The recipients of personal data of Online Store Customers may be:
a. In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator shares the collected personal data of the Customer with the selected carrier or intermediary fulfilling shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic or card payment methods in the Online Store, the Administrator shares the collected personal data of the Customer with the selected entity handling the above payments in the Online Store.
4. The Customer has the right to access their data content and correct it.
5. Providing personal data is voluntary, however, failure to provide personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
§ 14
Final Provisions
1. Agreements concluded through the Online Store are made in Polish.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about any change with at least 7 days’ notice.
3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act, the Personal Data Protection Act.
4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/