1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINT
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM THE CONTRACT
9. PERSONAL DATA IN THE ONLINE STORE
10. FINAL PROVISIONS
The Epuzer Online Store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at epuzer.com is run by EPUZER GROUP SP. Z O.O. entered into the National Court Register of the District Court for Kraków-Śródmieście, XI Commercial Division in Kraków, address of the place of business: Bożego Ciała 9/5 31-059 Kraków, NIP 6762591149 REGON 387967191 KRS 0000879204 e-mail address: office@epuzer.com phone number: +48 604 223 423
1.2. These Regulations are addressed to consumers using the Online Store
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes within the scope and on the basis of the principles set out in the Regulations of the Online Store. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
1.4. Definitions:
WORKING DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about products, news and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE – the Service Provider’s online store available at the Internet address: epuzer.com on the WooCommerce platform
DEALER; SERVICE PROVIDER – EPUZER GROUP SP. Z O.O. entered into the National Court Register of the District Court for Kraków-Śródmieście, XI Commercial Division in Kraków, address of the place of business:Bożego Ciała 9/5 31-059 Kraków, NIP6762591149 REGON 387967191 KRS 0000879204 e-mail address: office@epuzer.com phone number: +48 604 223 423
SALES AGREEMENT – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
ORDER – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement 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.
2.1.1. Account – using the Account is possible after completing a total of three consecutive steps by the Customer – (1) completing the Registration Form, (2) clicking the “Create an account” field and (3) confirming the willingness to create an Account by clicking on the confirmation link sent automatically to the address provided e-mail. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.1.1. 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:office@epuzer.com or in writing to the following address: EPUZER Bożego Ciała 9/5 31-059 Kraków.
2.1.2. 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 two consecutive steps – (1) completing the Order Form and (2) clicking the “Confirm purchase” field on the Online Store website after completing the Order Form – until then, it is possible to modify the entered data (including follow the displayed messages and information available on the website of the Online Store). 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 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.
2.1.2.1. 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.
2.1.3. Newsletter – the use of the Newsletter takes place after providing the e-mail address to which subsequent editions of the Newsletter are to be sent when registering on the Online Store website.
2.2.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: office@epuzer.com or in writing to the following address:EPUZER Bożego Ciała 9/5 Street 31-059 Krakow.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) the recommended minimum screen resolution: 1024 × 768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is forbidden to provide illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points 6 and 7 of the Regulations), the Customer may submit, for example:
A) in writing to the following address: EPUZER Bożego Ciała 9/5 31-059 Kraków;
B) in electronic form via e-mail to the following address: office@epuzer.com
2.4.2. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
3.1. The conclusion of the Sales Agreement 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 point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – the Customer is informed about the obligation to pay them. on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, security and making available to the Customer the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
3.5 A consumer who has concluded a distance or off-premises contract has the right to withdraw from it without giving any reason within 14 days.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
A) Payment on delivery upon delivery.
B) Electronic payments
C) Payments by credit card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer’s choice via Przelewy 24.pl
* If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.
4.2. Payment deadline:
4.2.1. If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment immediately.
4.2.2. If the Customer selects the payment on delivery on delivery, the Customer is obliged to make the payment on delivery.
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1 Product delivery is available on the territory of the Republic of Poland, European Union countries and others.
5.2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the Shipping and Delivery tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with a method of delivery by courier, courier on delivery, after prior payment.
5.4. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, may not exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:
5.4.1 If the customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller’s bank account or settlement account.
5.4.2. If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement.
The date of readiness of the Product for collection by the Customer – in the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest period given, which, however, may not exceed 7 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order. The beginning of the Product’s readiness for collection by the Customer is counted as follows:
5.4.3 If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
6. PRODUCT COMPLAINT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
6.1 The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code.
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller’s liability for a Product defect and the Customer’s rights are set out on the Online Store website in the Returns and complaints tab .
6.3. The complaint may be submitted by the customer, for example:
A) in writing to the following address: EPUZER Bożego Ciała 9/5 street 31-059 Krakow;
B) in electronic form via e-mail to the following address: office@epuzer.com
6.4. It is recommended to complete the Return of the purchased product or Complaint of the purchased product and include it with the shipped product.
6.5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
6.6. In the event that it will be necessary to deliver the Product to the Seller to respond by the Seller to the Customer’s complaint or to exercise the Customer’s rights under the warranty, the Customer will be asked by the Seller to deliver the Product at the Customer’s expense to the address: EPUZER Bożego Ciała 9/5 street 31-059 Kraków
6.7. The request for the delivery of the Product referred to in point 6.6 of the Regulations does not affect the deadline for the Seller to respond to the Customer’s complaint referred to in point. 6.5 of the Regulations and does not infringe the Customer’s right to request the Seller to replace it with a defect-free product referred to in art. 561 [1] of the Civil Code.
6.8 If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.
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. , Provincial Inspectorates of the Trade Inspection and at the following internet addresses 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 .
7.2. The customer who is a consumer has the following exemplary possibilities of using out-of-court complaint and redress methods:
7.2.1. The customer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4, item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of September 25, 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection.
7.2.3. The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the e-mail address: bilety@dlakonsumentow.pl .
8. RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLIES TO AGREEMENTS FOR SALE CONCLUDED FROM 25 DECEMBER 2014)
8.1 A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
A) in writing to the following address: EPUZER Bożego Ciała 9/5 street 31-059 Kraków
B) in electronic form via e-mail to the following address: office@epuzer.com
8.2. The model withdrawal form is included in returns and complaints . The consumer may use the form template, but it is not obligatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately or in batches – from taking possession of the last Product or batch or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;
8.3.2. for other contracts – from the date of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him related to the purchase of the product. Shipping costs are non-refundable. In the event of a refund for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for pickup, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: EPUZER Bożego Ciała 9/5 street 31-059 Kraków.
8.7. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. The seller is not obliged to reimburse the consumer for the delivery costs incurred by him when purchasing the product (s).
8.8.2. The consumer bears the direct costs of returning the Product.
8.9 The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
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 performance of the service by the Seller, he will lose the right to withdraw from the contract; (1) 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; (2) 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) where the subject of the service are Products that after delivery, due to their nature, remain inseparably connected with other things;
9. PERSONAL DATA IN THE ONLINE STORE
9.1. The administrator of the personal data of the Service Users / Customers collected via the Online Store is the Seller.
9.2. Personal data of the Service Users / Customers collected by the administrator via the Online Store are collected – in accordance with the will of the Service User / Customer – in order to implement the Sales Agreement or contract for the provision of Electronic Services.
9.3. Possible recipients of personal data of the Customers of the Online Store
9.3.1. In the case of a Customer who uses the Online Store with the method of delivery by courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
9.3.2. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
9.4. The Service Recipient / Customer has the right to access their data and correct them. A request in this regard may be submitted, for example:
A) in writing to the following address: EPUZER Bożego Ciała 9/5 street 31-059 Kraków
B) in electronic form via e-mail to the following address: office@epuzer.com
Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or contract for the provision of Electronic Services results in the inability to conclude this contract. The data necessary to conclude a Sales Agreement or contract for the provision of Electronic Services are also indicated on the website of the Online Store each time before concluding a given contract.
10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded in Polish.
10.2. Changing the Regulations:
10.2.1. The service provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.
10.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services – Account), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly notified of the changes 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.
10.2.3. In the event of concluding contracts of a different nature than continuous contracts (e.g. 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, amendments to the Regulations will not apply impact on already placed or placed Orders and concluded, implemented or performed Sales Agreements.
10.3. 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 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.