Terms and Conditions

 

  1. General Rules
  1. The following terms used in these Terms and Conditions have the following meaning:

a)      Seller –PPHU Ewa Baranik Spółka Jawna with its registered office in Klucze at ul. Bolesławska 53B, 32-310 Klucze entered into the companies register of the National Court Register by the District Court in Kraków – Śródmieścia in Kraków Commercial Division of the National Court Register under the KRS number 0000184277, statistical number REGON27387794100000, holding the tax identification number 6371804032, phone number +48 32 647 69 60, e-mail: info@eevi.pl;

b)      Terms and Conditions – this document setting out the conditions for the provision of services electronically by the Seller, i.e. the general conditions for the sale of Goods and their delivery;

c)       Customer - a natural person who is 18 years of age, has full capacity [...]who concluded Contract for the purpose not connected directly with conducting business or professional activity; as well as a natural person concluding an agreement directly related to its business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting from in particular, the subject of economic activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity,

d)      Online Shop – the online shop operated by the Selleravailable at https://eevi.pl/, intended to offering Goods and submit orders;

e)      Goods - all movable items offered by the Seller for sale in the Online Store;

f)       Contract - a contract concluded between the Seller and the Customer for the sale of Goods to the Customer;

g)      Order -a Customer’s statement of intent, submitted through the Online Shop specifying: the type and quantity of Goods on offer at the Online Shop at the moment of placing the Order.

  1. The Terms and Conditions specify the rules of using the Online Shop, in particular the rules of concluding Contract, acceptance hereof is required to conclude the Contract.
  2. The name and the logo of the Seller are registered trademarks. Trademarks, service marks, and logo of the Seller constitute a legally protected, any kind of use without written consent is prohibited.The content available on the pages of the Online Store and graphic designs may constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, the copyrights to which are vested in the Seller or other authorized entities.

[...]

  1. The rules of sale
  1. The rules of Contract are defined in the Terms and Conditions, applicable law and any additional individual arrangements of the parties.
  2. The Contract is concluded when the Order is confirmed [...]by the Customer after accepting ordered quantities and price.
  3. To conclude a Contract it is necessary:

a)      read and approve these Terms and Conditions by the Customer,

b)      setting up an account in Online Shop and generate username and password for Customer;

c)       placing the Order correctly,

d)      confirming the Order, by clicking the link in the e-mail received by the Customer after placing the Order,

e)      order confirmation by the Seller,

f)       payment of the price and delivery of the Goods.

  1. The Customer can register a Customer Account at the Online Shop and and generate username and password. The Customer who registers for a Customer Account at the Online Shop can place an order through the Customer Account after logging on to the Online Shop. The Customer undertakes to keep secret any login data and passwords.
  2. The Customer using the Online Shop is required to not submitting and not providing illegal content.
  1. Placing Orders
  1. The Customer may purchase the Goods on offer at the Online Shop by placing an Order, and undertakes to to take over the Goods and pay the purchase price.
  2. The Orders can be placed 24/7 through the website of the Online Shop. Order processing and delivery of Goods takes place from 7.00 a.m. to 3:00 p.m. on business days.
  3. Before proceeding with the Order, the Seller confirms the Order placed, in particular confirms the availability of the ordered Goods in stock and the price.
  4. The prices of Goods indicated on the website of the Online Shopdo not include delivery costs. The total value of the Order includes the price of the Goods and the costs of delivery.The costs of delivery of the ordered Goods are always indicated on the Online Shop's website when placing the Order, including directly before and at the moment of confirming and placing the Order by the Customer, and are included in the total value of the order. The total value of the order includes the price of the Goods and the cost of delivery.

 

                IV.            Payment Methods

 

  1. Payment of the price of sale shall be made:

a)      by bank transfer to the bank account of the Seller;

b)      through online payment system;

c)       in moment of receipt of Goods, in the courier's presence and for his confirmation;

d)      in cash on a personal collect.

  1. If the Customer chooses to pay for the Order in advance, by bank transfer to the Seller's bank account (referred to in point 1 (a)), the Customer is obliged to pay the full price of the Order, including delivery costs, no later than 3 working days from the date of placing the Order. The Order not paid within the time limit referred to in the previous sentence will be automatically canceled and the Seller is released from the obligation to perform it.
  2. The payment methods are presented at the beginning of the Ordering procedure, before placing the Order by the Customer.
  3. Goods ordered through the Online Shop are delivered with an invoice. Along with the delivery of the Goods, the Customer receives a sales document in the form of a fiscal receipt or a tax invoice, if submitting the Order, requested to receive a tax invoice and provided the necessary data for this purpose.
  4. Prices of Goods presented on the website of the Online Shop and the cost of delivery are gross prices, i.e. including VAT and other taxes, according to the rate specified in separate provisions, in the Polish currency.

 

  1. Delivery
  1. The Goods ordered through the Online Shop are delivered to the address indicated by the Customer in the Order.
  2. The Seller making the delivery of Goods himself or via the courier company.
  3. Information on the total value of the Order is visible after the Customer has chosen the form of delivery and the form of payment.
  4. Delivery shall be made in Poland. It is possible to ship the purchased Goods outside Poland after individually agreeing with the Customer the cost of transport and the terms of shipping.
  5. Products ordered through the Online Shop are delivered on working days.

 

 

    VI.            Complaints procedure

  1. The Seller is obliged to deliver the Goods to the Customer without defects pursuant to the statutory provisions.
  1. The warranty for defects of the Goods, as referred to in the provisions of the Civil Code, is excluded for Contracts for sale of Goods, which are concluded by buyers other than the Customer.
  2. To the Contracts for sale of Goods, which are concluded by the Customer, the provisions on liability for the conformity of the Goods with the Contract, which are contained in the Law on Consumer Rights, taking into account the provisions hereof, shall apply. If the electronic services provided by the Seller are simultaneously digital services, the Seller shall be liable for the compliance of the digital services with the Contract under the provisions of Chapter 5b of the Law on Consumer Rights.
  3. The Seller shall be liable to the Customer for the conformity of the Goods with the Contract. Conformity of the Goods with the Contract shall be assessed in accordance with the provisions of the Law on Consumer Rights.
  4. The Seller shall be liable for the non-conformity of the Goods with the Contract existing at the time of delivery and disclosed within two years from that time, unless the Goods' shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.

 

 

  1. Replacement or repair of Goods not in compliance with the Contract
    1. If the Goods are inconsistent with the Contract, the Customer may request repair or replacement.
    2. The Seller shall be entitled to:

a)        make a replacement when the Customer requests a repair, or

b)        make a repair when the Customer requests a replacement,

If bringing the Goods into conformity with the Contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.

  1. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to replace or repair to bring the Goods into conformity with the Contract.
  2. The Customer shall make the Goods subject to repair or replacement available to the Seller, and the Seller shall collect them at its expense. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller.
  3. The Seller shall repair or replace the Goods within a reasonable time, not exceeding 21 days, from the moment the Service Seller is informed by the Customer of the Goods' non-conformity with the Contract, and without undue inconvenience to the Customer, taking into account the specifics of the Goods and the purpose for which the Customer purchased them.

 

 

  1. Price reduction or withdrawal from the Contract in case of Goods not in compliance with the Contract
    1. If the Goods are inconsistent with the Contract, the Customer may submit a statement of price reduction or withdrawal from the Contract when:

a)             the Seller has refused to repair or replace the Goods in accordance with Section VII, point 2.

b)             The Seller has failed to bring the Goods into conformity with the Contract;

c)              the lack of conformity of the Goods with the Contract continues even though the Seller has tried to bring the Goods into conformity with the Contract;

d)             the lack of conformity of the Goods with the Contract is so significant that it justifies a reduction in price or withdrawal from the Contract without first resorting to the measures referred to in Section VII;

e)             it is clear from the Seller's statement or circumstances that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Customer.

  1. The reduced price must remain in such proportion to the price under the Contract as the value of the non-conforming Goods remains to the value of the conforming Goods.
  2. The Seller shall return to the Customer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days from the date of receipt of the Customer's statement on price reduction.
  3. The Customer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant. The non-conformity of the Goods with the Contract shall be presumed to be material.
  4. If the non-conformity with the Contract concerns only some of the Goods delivered hereunder, the Customer may withdraw from the Contract only with respect to those Goods, as well as with respect to other Goods purchased by the Customer together with the non-conforming Goods, if the Customer cannot reasonably be expected to agree to retain only the non-conforming Goods.
  5. In the event of withdrawal from the Contract, the Customer shall immediately return the Goods to the Seller at its expense. The Seller shall return the price to the Customer immediately, but no later than within 14 days from the date of receipt of the Goods or proof of their return.
  6. The Seller shall refund the price using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for the Customer.

 

IX. The right to withdraw from the Contract without stating a reason.

  1. The Customer shall have the right to withdraw from the Contract concluded in the Online Store without giving any reason, within 14 days from the date of taking possession of the Goods by the Customer, or a third party indicated by the Customer, other than the carrier. If the Contract includes multiple Goods, which are delivered separately, in batches or in parts, the deadline for withdrawal from the Contract shall be counted from the taking possession of the last Goods, its batches or parts.
  2. The right to withdraw from the Contract shall not apply to the Contract in which the subject of performance is the Goods not prefabricated, manufactured to the Customer's specifications or serving to meet his individualized needs, and where the subject of performance is the Goods delivered in sealed packaging, which after opening the package cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery.
  3. In order to withdraw from the Contract without giving a reason, the Customer must inform the Seller by making a clear statement - for example, in the form of letter or an e-mail. A template statement can be found on the Seller's website and is attached hereto but it is not mandatory.
  4. In order to comply with the deadline for withdrawal from the Contract, it is sufficient for the Customer to send information regarding the exercise of the Customer's right to withdraw from the Contract before the expiry of the deadline for withdrawal from the Contract.
  5. The Customer must return the Goods to the Seller or give them to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the Contract, unless the Seller has offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiration.
  6. The Customer shall bear the direct costs of returning the Goods.
  7. In the event of withdrawal from the Contract, the Seller shall return to the Customer all payments received from the Customer, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered when placing the order), immediately, and in any case no later than 14 days from the day on which the Seller was informed about the decision to exercise the right of withdrawal.
  8. Reimbursement of payments shall be made using the same means of payment that were used in the original transaction, unless the Customer has expressly agreed otherwise. In any case, the Customer shall not incur any fees in connection with this return.
  9. If the Seller has not offered to collect the Goods from the Customer itself, it may withhold the return of payments received from the Customer until it receives the Goods back or the Customer provides proof of their return, whichever event occurs first.
  10. The Customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

 

 

      X.            Services provided electronically

  1. As part of the Online Store, the Seller shall provide the following services electronically free of charge: Shopping Cart, Chat, Newsletter.
  2. The Shopping Cart service is a one-time service. The use of the Shopping Cart begins when the "add to cart" button is clicked and is terminated when the Order is placed or the "empty cart" button is used. Information about the Goods added to the Cart is also stored after closing the browser session, but for no longer than 14 days. Adding Goods to the Cart does not mean that the availability of the Goods or their reservation is ensured.
  3. The Chat Service makes it possible to obtain answers to Customers' questions about the Goods or the operation of the Online Store. The Chat Service is a one-time service and is available from Monday to Friday from 7:00 a.m. to 3:00 p.m.
  4. If the Customer chooses to subscribe to the newsletter, the Seller provides the Customer with a service consisting of sending the Customer e-mails that contain information about the Seller's news, promotions, products or services. Subscribing to the newsletter is done by completing and submitting the newsletter subscription form. The Customer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button, which is included in each message sent as part of the newsletter. The Customer may also send an email to the Seller with a request to unsubscribe from the newsletter database.
  1. The Seller also allows the Customer to view the content posted within the Online Store.

 

    XI.            Technical requirements

  1. To use the Online Shop and to browse the Shop’s collection and place Orders, the following minimum technical requirements must be met: a computer or other multimedia device with access to the Internet; a web browser (e.g. Firefox, Internet Explorer, Mozilla Firefox, Apple Safari, Google Chrome) enabled Cookies and Java Script support, possessing and providing an email address that allows to send the information.
  2. The Customer using the Online Shop is required to:       use the Online Shop in a manner consistent with the applicable law and the provisions of these Regulations, use the Online Shop in accordance with good conduct and with respect for the personal rights of other entities, not submitting and not providing illegal content, use the Online Shop in a way that does not interfere with its functioning, use of all the content included in the Online Shop for personal use only, not to engage in any action consisting in sending or placing unsolicited commercial information (spam) within the Online Shop.

 

 

  1. Personal data and privacy policy
  1. The Privacy Policy sets out the rules regarding the use of cookies and the rules for the protection of personal data in connection with the provision of electronic services by the Seller who is the controller of personal data is available at https://eevi.pl/content/2-polityka-prywatnosci.
  2. The controller of the personal data of Customers is PPHU Ewa Baranik Spółka Jawnawith its registered office in Klucze at ul. Bolesławska 53B, 32-310 Klucze entered into the companies register of the National Court Register by the District Court in Kraków – Śródmieścia in Kraków Commercial Division of the National Court Register under the KRS number 0000184277 KRS, statistical number REGON 27387794100000, holding the tax identification number 6371804032, phone number: +48 32 647 69 60, email address: info@eevi.pl.

Seller

  1. Complaints and out-of-court disputes for the handling of complaints and the assertion of claims.
    1. The Customer has the right to file a complaint in matters related to the operation of the Online Store or performance of the Contract. Complaint should contain the name and surname of the Customer, a description of the objections and their justification, as well as specifying the demand.
    2. The Complaints can be sent to the e-mail: info@eevi.pl;
    3. The Customer complaints will be considered on an ongoing basis, but no later than within 14 days from the date of receipt by the Seller of the complaint.
    4. The response to the complaint will be sent to the Customer to the contact provided by the Customer when submitting the complaint.
    5. The Customer has the option to use out-of-court means of processing complaints and claims, detailed information is available on the website: http://polubowne.uokik.gov.pl/
    6. The Customer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.

 

  1.                Opinions
    1. The Seller shall provide the Customers with the opportunity to publish opinions about the Goods in the Online Store.
    2. Publication of opinions is possible only in relation to the Goods that the Customer has used or purchased from the Seller. After the release of the Goods, the Customer receives a link allowing to publish an opinion on the purchased Goods. If the Customer has a user account in the Online Store, the Customer can also publish an opinion after logging in to the user account and finding the Goods that he previously purchased.
    3. The Customer shall formulate opinions in a fair, honest and factual manner, as far as possible linguistically correct and without using vulgarisms and other words commonly considered offensive.
    4. It is prohibited to post opinions:

a)             on Goods that the Customer has not used or has not purchased,

b)             fulfilling the elements of an act of unfair competition within the meaning of the Act of April 16, 1993 on combating unfair competition;

c)              violating the personal rights of the Seller or a third party.

  1. Submitted opinions are subjected to verification before publication for compliance herewith, and in particular whether they come from the Customer who actually used the Goods or purchased the Goods.
  2. In case of posting an opinion that does not meet the requirements provided for in the Regulations, the Seller may refuse to publish the opinion or remove it.

 

 

    IX.            Final Provisions

  1. These Terms and Conditions are effective from 30.05.2023 and are binding on all contracts concluded from that date.
  2. The Seller reserves the right to amend these Terms and Conditions for important reasons, which are: change of laws affecting the rights or obligations of the parties under the Regulations, change of the manner of providing services resulting from technical or organizational reasons, change of the scope of services provided (modification, introduction of new or withdrawal of some services or functionalities), business changes.
  3. The amended Terms and Conditions will be binding on Customers who have registered for Customer Accounts in the Online Shop, unless they do not accept the amendments to the Terms and Conditions and inform the Seller of the termination of the agreement for a Customer Account.
  4. In the event of amendments to the Terms and Conditions, all contracts and orders made before the amendments enter into force will be implemented in accordance herewith in force on the date of the contract or order by the Customer.
  5. In any matters not regulated in these Terms and Conditions Polish law will apply.
  6. Appended hereto is a template form of withdrawing from the Contract, which is Appendix No 1.

 

Appendix No 1

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

To:

PPHU Ewa Baranik Spółka Jawna w Kluczach

ul. Bolesławska 53B , 32-310 Klucze ,

fax: +48 32 642 93 17, e-mail: info@eevi.pl

 

 I/We (*) hereby give notice of withdrawing from the sale contract for the following products

 

Date of concluding the Contract (*)/receipt (*) ________________________________________________________
Name and surname:
___________________________________________________________________
Address:
_______________________________________________________________________
_______________________________________________________________________

E-mail: ___________________________________
Signature (only if sending the form in a paper version)


Date: _________________________________________ 

(*) Delete as applicable