RULES OF THE ONLINE STORE ETERESHOP.COM
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUSION OF THE SALES CONTRACT
4. PAYMENT METHODS AND TERMS FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO TERMINATE THE CONTRACT (APPLIES TO PURCHASE AND SALE AGREEMENTS CONCLUDED SINCE DECEMBER 25, 2014)
9. FINAL PROVISIONS
online store www.etereshop.com, cares about consumer rights. The consumer cannot waive the rights granted to him in the Law on Consumer Rights. The provisions of contracts that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act are applied instead. Therefore, the provisions of these Rules cannot disable or restrict any consumer rights granted to them in accordance with strictly binding laws, and any doubts should be translated in favor of the consumer. In case of possible inconsistency of the provisions of these Rules with the above provisions, these provisions have priority and should be applied.
1. GENERAL PROVISIONS
1.1. The online store is available at www.etereshop.com, operated by the company ” ETERESHOP Limited Liability Company” with its location in Warsaw (legal address: 11 Konstruktorska str., 02-673 Warsaw); entered in the Register of Entrepreneurs of the National Judicial Register under the number KRS 0000865207; registration court where the company’s documentation is stored: DISTRICT M. ST. OF WARSAW IN WARSAW, XIII ECONOMIC DEPARTMENT OF THE NATIONAL JUDICIAL REGISTER; TIN: 5213910177; OGRN: 387335456; email address: email@example.com .
1.2. These Terms and Conditions are intended only for consumers using the online store.
1.1. Working day -one day from Monday to Friday, excluding holidays.
1.2. Registration form-a form available in the online store that allows you to create an account.
1.3. Order form is an electronic service, an interactive form available in the online store that allows you to place an order, in particular, by adding products to the electronic shopping cart and determining the terms of the purchase and sale agreement, including the method of delivery and payment.
1.4. CLIENT – (1) an individual with full legal capacity, and in cases provided for by law, a widely used individual with limited legal capacity; (2) a legal entity; or (3) an organization that does not have the status of a legal entity, which the law recognizes legal capacity; – who has concluded or is about to conclude
1.5. The Civil Code-the Law on the Civil Code of April 23, 1964 (DZ. U. 1964 No. 16, P. 93 from um.).
1.6. Account is an electronic service designated by an individual name (login) and password provided by the client, a set of resources in the tele-information system of the service provider, in which data provided by the client and information about orders made by him in the online store are collected.
1.7. Product – a movable thing available in the online store, which is the subject of a purchase and sale agreement between the customer and the seller.
1.8. Terms – the Rules of the online store.
1.9. Online store-the online store of the service provider, available at: www.etereshop.com .
1.10. SUPPLIER; PROVIDER – “ETERESHOP LIMITED LIABILITY COMPANY” with its location in Warsaw (legal address: 11 Konstruktorska str., 02-673 Warsaw); entered in the Register of Entrepreneurs of the National Judicial Register under the number KRS 0000865207; registration court where the company’s documentation is stored: DISTRICT M. ST. WARSAW IN WARSAW, XIII ECONOMIC DEPARTMENT OF THE NATIONAL JUDICIAL REGISTER; TIN: 5213910177; OGRN: 387335456; e-mail address: firstname.lastname@example.org .
1.12. Purchase and Sale Agreement -a product purchase and sale agreement concluded, or concluded between the customer and the seller through the online store.
1.13. Electronic service – a service provided electronically by a service provider to a customer through an online store.
1.14. CLIENT – (1) an individual with full legal capacity, and in cases provided for by law, a widely used individual with limited legal capacity; (2) a legal entity; or (3) an organization that does not have the status of a legal entity that the law recognizes legal capacity; – using or intending to use mail services.
1.15. Law on Consumer Rights, Law-Law of May 30, 2014 On consumer rights (Dz. U. 2014 item 827 from um.)
1.16. Order-a statement of the client’s will, submitted using the order form and directed directly to the conclusion of the contract of sale of goods with the seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
1.17. Account – using the Account is possible after completing three consecutive steps by the Service Recipient – (1) completing the Registration Form, (2) clicking the “Register” field and (3) confirming the willingness to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname, e-mail address, contact telephone number and password.
1.18. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to the following address: ul. Konstruktorska 11, 02-673 Warsaw.
1.19. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps – (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form on the “I am ordering with payment obligation” field – until then it is possible to modify the entered data ( to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
1.20. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
1.21. Newsletter – the newsletter that is used after you have specified the email address to which subsequent issues of the newsletter should be sent on the “Newsletter” tab on the online store page and clicked “Save”.
2.3. The Client is obliged to use the online store in accordance with legal policy of the store, taking into account respect for personal values, copyrights and intellectual property of the service provider and third parties. The Client is obliged to enter data corresponding to the actual state. The Client is prohibited from providing illegal content.
2.4. Complaint mode:
1.23. Complaints related to the provision of electronic services by the service provider and other complaints related to the activities of the online store (with the exception of the product complaint procedure specified in clause 6 of the Rules), the customer can submit, for example:
1.24. in writing to the address: 11, constructorskaya str., 02-673 Warsaw;
1.25. in electronic form by e-mailto: firstname.lastname@example.org;
1.26. In the description of the complaint, the client is recommended to specify: (1) information and circumstances related to the subject of the complaint, in particular, the type and date of occurrence of the violation; (2) the client’s request; and (3) contact details of the applicant – this will facilitate and speed up the consideration of the complaint by the service provider. The requirements given in the previous sentence are purely advisory in nature and do not affect the effectiveness of complaints filed by passing the recommended description of complaints.
1.27. The complaint is processed by the service provider immediately, no later than 14 calendar days from the date of its submission.
3. TERMS OF CONCLUSION OF THE SALES CONTRACT
3.1. The conclusion of the purchase and sale agreement between the customer and the seller takes place after the customer has previously placed an order using the order form in the online store in accordance with paragraph 2.1.2 of the Rules.
3.2. The price of the goods indicated on the website of the online store is indicated in US dollars and includes taxes. The total price together with taxes of the Goods that are the subject of the Contract, as well as the cost of delivery (including fees for transportation, delivery and postal services), as well as other costs, and if you cannot determine the amount of these fees – the obligation to pay them, the Customer is informed on the website of the Online store when when placing an Order, including at the time of expression by the Client, he prefers to bind himself to a Purchase and sale Agreement.
3.3. The procedure for concluding the purchase and sale agreement in the online store using the order form
1.28. The conclusion of the purchase and sale agreement between the customer and the seller occurs after the customer has previously placed an order in the online store in accordance with paragraph 2.1.2 of the Rules.
1.29. After placing an order, the seller immediately confirms its receipt and simultaneously accepts the order for execution. Confirmation of receipt of the Order and its acceptance for sale is carried out by sending the Seller to the Buyer the corresponding e-mail message, the Customer’s e-mail address specified when placing the Order, which contains at least the Seller’s statements about receiving the Order and its acceptance for sale and confirmation of the conclusion of the Purchase Contract. After the customer receives the above email, a purchase and sale agreement will be concluded between the customer and the seller.
3.4. Fixing, protecting and providing the Customer with the contents of the concluded Purchase and Sale Agreement is carried out by (1) posting these Rules on the website of the Online Store and (2) sending the Customer an email specified in clause 3.3.2. of this Federal Law. The content of the contract of sale is additionally recorded and recorded in the information system of the seller’s online store.
4. METHODS AND TERMS OF PAYMENT FOR THE GOODS
4.1. The Seller provides the buyer with the following payment methods in accordance with the purchase and sale agreement:
1.30. Payment by bank transfer to the seller’s bank account.
1.31. Electronic payments and payment by payment card through the service Przelewy24.pl – possible current payment methods are indicated on the online store page in the “Information about payment methods” tab and on the webwebsite http://www.przelewy24.pl *.
1.32. Settlements on transactions with electronic payments and card payments are carried out in accordance with the customer’s choice through the service Przelewy24.pl . support for electronic payments and payment cards.:
1.33. Przelewy24.pl – PayPro S. A. is a payment Agent with its head office in Poznan (legal address: 15 Kanzlerska str., 60-327 Poznan), entered in the Register of Entrepreneurs of the National Judicial Register, which is maintained by the District Court of Poznan – New Town and Wilda in Poznan, VIII Economic Department of the National Judicial Register under the number KRS 0000347935, TIN: 7792369887, OKPO: 301345068.
4.2. Payment term:
1.35. If the customer chooses to pay by bank transfer, electronic payment or payment card, the customer is obliged to make the payment within 14 calendar days from the date of conclusion of the purchase and sale agreement.
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE GOODS
5.1. Delivery of products is carried out all over the world, USA as well
5.2. Delivery of goods to the buyer is paid, unless otherwise is provided by the contract of sale. The cost of delivery of the goods (including delivery, delivery and postal services) is set separately for each client
5.3. The seller provides the buyer with the following methods of delivery or receipt of the goods:
1.37. Postal delivery
1.38. Courier/express delivery
5.5. The delivery time of the goods to the customer is up to 30 working days, if a shorter period is not specified in the description of the goods or when placing an order. For products with different delivery dates, the delivery period is the longest, which, however, it cannot exceed 30 working days. The beginning of the delivery period of the goods to the customer is calculated as follows:
1.40. If the customer chooses the payment method by bank transfer, electronic payments or payment card – from the date of recognition of the bank account or the current account of the Seller.
1.41. If the customer chooses the cash payment method with cash on delivery – from the date of conclusion of the contract of sale.
5.6. The product is ready to be received by the client – if the client chooses a personal product, the product will be ready to be received by the client within 60 working days, unless a shorter period is specified in the product description or when placing an order. For products with different ready-to-receive dates, the ready-to-receive period is the longest specified period, which, however, cannot exceed 30 working days. The buyer will be additionally informed by the seller about the readiness of the goods for acceptance. The beginning of the completion of the product readiness period for acceptance by the customer is calculated as follows:
1.42. If the customer chooses the payment method by bank transfer, electronic payments or payment card – from the date of recognition of the bank account or current account of the Seller.
6. PRODUCT COMPLAINT
6.1. The grounds and scope of the seller’s liability to the buyer if the goods sold have a physical or legal defect (warranty) are determined by general laws, in particular the Civil Code. For Purchase and Sale Agreements concluded before December 24, 2014, the grounds and limits of the Seller’s liability in relation to the Customer, who is an individual purchasing the Goods, in order not to be associated with professional activity or activity, due to non-compliance of the Goods with the Purchase and Sale Agreement, are determined by the current legislation, in particular the law of 27 July 2002. on special conditions of consumer sale and on amendments to the Civil Code (Legislative Bulletin No. 141 of 2002, item 1176, as amended).
6.2. The seller is obliged to provide the buyer with the goods without defects. Detailed information about the seller’s liability in connection with the product defect and the buyer’s rights is indicated on the online store’s page in the section “Complaint Information”.
6.3. A complaint can be filed by the customer, for example:
1.44. in writing to the address: Stroitelnaya str., 11, 02-673 Warsaw;
1.45. in electronic form by e-mail to the address: email@example.com;
6.4. The Client is recommended to indicate in the description of the complaints: (1) information and circumstances concerning the subject of the complaint, in particular, the type and time of occurrence of the defect; (2) request a method of bringing the Product into compliance with the Contract of Sale or a statement of price reduction or withdrawal from the Contract of Sale; and (3) contact details of the person filing the complaint – this will greatly facilitate and speed up the consideration of the complaint by the Seller. The requirements given in the previous sentence are purely advisory in nature and do not affect the effectiveness of complaints filed bypassing the recommended description of complaints.
6.5. The Seller will satisfy the customer’s complaint immediately, no later than 14 calendar days from the date of its submission. Failure to reach an agreement with the seller within the above period means that the seller has recognized the complaint as legitimate.
6.6. The buyer exercising the warranty rights is obliged to deliver the defective goods at the seller’s expense to the address: 56 Targova str., 03-733 Warsaw. If due to the type of product or the method of its installation, the delivery of the goods by the customer will be excessively difficult, the buyer is obliged to provide the goods to the seller at his location.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
7.2. A customer who is a buyer has the following exemplary out-of-court complaint and remediation options:
1.46. The client has the right to appeal to the permanent consumer court of the world referred to in art. 37 of the Law of December 15, 2000 on Trade Inspection (Journal of Laws of 2001, no. 4, art. 25, as amended), with a request to resolve the dispute arising from the concluded Sales Agreement. The rules for the organization and operation of permanent consumer arbitration courts are determined by the order of the Minister of Justice of September 25, 2001.
on the rules of organization and activities of permanent global consumer courts. (Journal of Laws 2001, No. 113, Art. 1214).
1.47. The customer has the right to apply to the provincial inspector of the Trade Inspection in accordance with Art. 36 of the Law of 12/15/2000 “On Trade Inspection” (Journal of Laws 2001, No. 4, Art. 25, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure for mediation by the Provincial Trade Inspection Inspector is available on the premises and websites of the individual provincial Trade Inspection Inspectorates.
1.48. The Buyer can receive free assistance in resolving a dispute between the Buyer and the Seller, as well as using the free assistance of the county (municipal) consumer protection commissioner or a public organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). ). Advice is provided by the Consumers Association at firstname.lastname@example.org and the Consumers Union of Poland at the free consumer hotline number 800 889 866.
8. RIGHT TO WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED AFTER DECEMBER 25, 2014)
8.1. A consumer who has entered into a distance contract may, within 14 calendar days, cancel it without giving reasons and without incurring costs, with the exception of the costs specified in paragraphs. 8.8 of the Rules. To meet the deadline, it is enough to send the application before its expiration. An application for withdrawal from the contract can be submitted, for example:
1.49. in writing to: st. Constructorskaya 11, 02-673 Warsaw;
1.50. in electronic form through an electronic form available on the website of the online store;
8.2. A sample waiver form is included in Appendix 2 of the Consumer Rights Act. The consumer can use a form template, but it is not required.
8.3. The withdrawal period starts:
1.51. for a contract in pursuance of which the Seller releases the Goods, being obliged to transfer his ownership (for example, the Contract of Sale) – from the transfer of the Goods into the possession of the consumer or a third party specified by him, other than the carrier, and in the case of a contract that: (1 ) includes a plurality of Products that are supplied separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular supply of Products within a certain period – from taking possession of the first of the Products;
1.52. under other contracts – from the date of conclusion of the contract.
8.4. In case of cancellation of the distance contract, the contract is considered invalid.
8.5. The Seller is obliged immediately, but no later than within 14 calendar days from the date of receipt of the consumer’s application to withdraw from the contract, to return to the consumer all payments made by him, including the cost of delivery of the Goods (with the exception of additional costs associated with the delivery method chosen by the Buyer, other than from the cheapest standard shipping method available in the online store). The seller refunds the payment using the same payment method that was used by the consumer. If the Seller has not offered to collect the Goods from the consumer himself, he may withhold the refund of payments received from the consumer until the Goods are returned or the consumer provides evidence of its return, whichever occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date of withdrawal from the contract, return the Goods to the Seller or hand them over to a person authorized by the Seller for receipt, if the Seller did not offer to pick up the Goods on his own. To meet the deadline, it is enough to deliver the goods just before its expiration. The consumer can return the Goods to the following address: st. Targova 56, 03-733 Warsaw.
8.7. The consumer is responsible for the reduction in the value of the Product as a result of using it in a way that is beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs associated with the withdrawal of the consumer from the contract, which consumer is obliged to bear:
1.53. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not liable to refund the additional costs incurred by the consumer.
1.54. The consumer bears the direct costs of returning the Product.
1.55. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request , is obliged to pay for the services fulfilled until the withdrawal from the contract. The payment amount is approximately
is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in
in relation to contracts:
1.56. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who has been informed prior to the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) 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 deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market, which the Seller has no control of; (8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed the packaging, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance has started with the consumer’s express consent before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
9. FINAL PROVISIONS
9.1. Agreements concluded via the Online Store are concluded in Polish and English.
9.2. Amendments to the Regulations:
1.57. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes to the law – to the extent to which these changes affect the implementation of the provisions of these Regulations.
1.58. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384  of the Civil Code, that is, the Service Recipient has been properly notified of the changes in the form of an e-mail, including a list of amendments to the Regulations, sent to the e-mail address provided by the Service Recipient (the list of changes will also be available on the website www.etereshop.com.) and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
1.59. In the event of concluding contracts of a different nature than continuous contracts (eg Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not affect the already placed or placed Orders and concluded, implemented or performed Sales Agreements.
9.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); for Sales Agreements concluded by December 24, 2014 with the Customer
ami who are consumers – the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on special terms of sale
consumer and on the amendment to the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.