Terms and Conditions of the elty.pl online store

Defining, among other things, the rules for concluding sales contracts through the store, containing the most important information about the Seller, the store, and the Consumer's rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfilment
§ 7 Right of Withdrawal from the Contract
§ 8 Exceptions to the Right of Withdrawal from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
§ 12 Provisions concerning Buyers who are not Consumers
Appendix no. 1: Model Withdrawal Form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays.
Account – a free function of the Store (service provided electronically), regulated by separate terms and conditions, thanks to which the Buyer can set up their individual Account in the Store.
Consumer – a Consumer within the meaning of the provisions of the Civil Code.
Buyer - every entity purchasing in the Store.
Terms and Conditions – these terms and conditions.
Store - the elty.pl online store run by the Seller at the address https://elty.pl.
Seller - ELTY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Przedszkolna 24, 43-518 Ligota, entered into the National Court Register - register of entrepreneurs by SĄD REJONOWY KATOWICE_WSCHÓD W KATOWICACH, VIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS number 0000617075, NIP 6521726518, REGON number 36354309600000.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Przedszkolna 24, 43-518 Ligota
2. E-mail address: elty@elty.pl
3. Phone: 663746362

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, the following are required:
   • A device with Internet access
   • A web browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in section 1, an active e-mail account is necessary.

§ 4 PURCHASES IN THE STORE

1. The prices of goods visible in the Store are total prices for the goods, including VAT.
2. The Seller points out that the total price of the order consists of the price for the goods and, if applicable, the cost of delivery of the goods, as indicated in the Store.
3. The goods selected for purchase should be added to the cart in the Store.
4. The Buyer then selects from the options available in the Store: the method of delivery of the goods and the payment method for the order, and also provides the data necessary to fulfil the placed order.
5. The order is placed at the moment of confirming its content and accepting the Terms and Conditions by the Buyer.
6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
8. The Buyer can register in the Store, i.e. set up an Account, or make purchases without registration by providing their details with each potential order.

§ 5 PAYMENTS

1. Payment for the placed order can be made, depending on the Buyer's choice, by:
   1. Regular bank transfer to the Seller's bank account.
   2. Via a payment platform:
      • Shoper Payments
      • PayPal
   3. Cash on delivery, i.e. cash at the time of delivery of the goods to the Buyer.
   4. Cash upon personal collection of the goods.
2. If the Buyer chooses to pay via the Shoper Payments payment platform, the entity providing online payment services is Blue Media S.A.
3. If the Buyer chooses prepayment, the order must be paid for within 7 Business Days from placing the order.
4. The Seller informs that for some payment methods, due to their specifics, paying for the order using this method is only possible immediately after placing the order.

§ 6 ORDER FULFILMENT

1. The Seller is obliged to deliver goods free from defects.
2. The order fulfilment time is indicated in the Store.
3. If the Buyer has chosen prepayment for the order, the Seller will proceed with the order fulfilment after the payment is made.
4. If, within one order, the Buyer has purchased goods with different fulfilment times, the order will be fulfilled within the time frame appropriate for the product with the longest fulfilment time.
5. Countries to which delivery is carried out:
   • Germany
   • Czech Republic
   • Slovakia
   • France
   • Portugal
   • Netherlands
   • Slovenia
   • Austria
6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
   1. Via courier company
   2. Via Polish Post
   3. To InPost parcel lockers
7. The Buyer may collect the goods in person at the company's premises during its opening hours.
8. If the Buyer chooses personal collection, the goods will be ready for collection within the indicated order fulfilment time, and if the Seller has indicated a shipment date for the goods - within that date.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days from the day:
   1. On which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
   2. On which the Consumer came into possession of the last of the items or on which a third party, other than the carrier and indicated by the Consumer, came into possession of the last of the items in the case of a contract requiring the transfer of ownership of multiple items that are delivered separately.
3. In order for the Consumer to exercise the right of withdrawal from the contract, they must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or information sent by e-mail).
4. The Consumer may use the model withdrawal form included at the end of the Terms and Conditions, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of their right of withdrawal before the withdrawal period has expired.
   
   EFFECTS OF WITHDRAWAL FROM THE CONTRACT
6. In the event of withdrawal from the concluded contract, the Seller shall reimburse the Consumer for all payments received from them, including the costs of delivery of the goods (with the exception of additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day the Seller was informed of the Consumer's decision to exercise the right of withdrawal.
7. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in which case the Consumer will not incur any fees in connection with this refund.
8. The Seller may withhold the reimbursement of payments until receipt of the goods or until proof of their return has been provided, whichever occurs first.
9. The Seller asks for the goods to be returned to the address: ul. Przedszkolna 24, 43-518 Ligota immediately, and in any case no later than 14 days from the day the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
10. The Consumer bears the direct costs of returning the goods.
11. The Consumer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
12. If, due to their nature, the goods cannot be sent back by regular post, the Consumer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated to the Consumer by the Seller in the description of the goods in the Store or when placing the order.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right of withdrawal from a distance contract is not available to the Consumer in relation to a contract:
   1. Where the object of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or clearly personalized to meet their individual needs.
   2. Where the object of the performance is an item liable to deteriorate or expire rapidly.
   3. Where the object of the performance is an item supplied 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.
   4. Where the object of the performance are items which, after delivery, due to their nature, become inseparably mixed with other items.
   5. Where the object of the performance are sound or video recordings or computer software supplied in a sealed package, if the package was opened after delivery.
   6. For the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
   7. Where the price or remuneration depends on fluctuations in the financial market which the entrepreneur cannot control, and which may occur before the expiry of the withdrawal period.
   8. For the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Consumer's express consent before the expiry of the withdrawal period and after being informed by the entrepreneur about the loss of the right of withdrawal.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Buyer has the option to complain about the faulty goods based on the warranty (rękojmia) regulated in the Civil Code or a guarantee, if a guarantee has been granted.
2. Using the warranty (rękojmia), the Buyer can, on the terms and within the deadlines specified in the Civil Code:
   1. Submit a statement on price reduction
   2. In the case of a significant defect - submit a statement on withdrawal from the contract
   3. Demand replacement of the item with a defect-free one
   4. Demand removal of the defect
3. The Seller asks for complaints based on the warranty (rękojmia) to be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
4. If it turns out that it is necessary to deliver the claimed goods to the Seller for the complaint to be considered, the Buyer is obliged to deliver these goods, in the case of a Consumer at the Seller's expense, to the address ul. Przedszkolna 24, 43-518 Ligota.
5. If an additional guarantee has been granted for the goods, information about it, as well as its conditions, is available in the product description in the Store.
6. Complaints regarding the operation of the Store should be directed to the e-mail address indicated in § 2 of the Terms and Conditions.
7. The Seller will consider the complaint within 14 days.
   
   OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT
8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
   1. Mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), which should be approached with a request for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   2. Assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application should be submitted to consider the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   3. Free assistance from the municipal or district consumer ombudsman.
   4. The ODR internet platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer while using the Store is the Seller.
2. The Buyer's personal data is processed on the basis of the contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information regarding data processing by the Seller is contained in the privacy policy posted in the Store.

§ 11 RESERVATIONS

1. The Buyer is prohibited from providing content of an unlawful nature.
2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the terms and conditions. The contract is concluded for the duration and purpose of fulfilling the order.
3. Contracts concluded on the basis of these terms and conditions are concluded in Polish.
4. None of the provisions of these terms and conditions excludes or in any way limits the rights of the Consumer resulting from legal provisions.

§ 12 PROVISIONS CONCERNING BUYERS WHO ARE NOT CONSUMERS

1. The right of withdrawal from a distance contract is not available to an entity other than a Consumer.
2. All liability of the Seller towards a Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.
3. The Seller's liability under the warranty (rękojmia) towards a Buyer who is not a Consumer is limited to one year from the delivery of the goods to the Buyer.
4. In the event of a potential dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the Seller's registered office.

Appendix no. 1 to the Terms and Conditions

Below is a model withdrawal form that the Consumer may, but does not have to, use:

MODEL WITHDRAWAL FORM
(this form should only be completed and sent if you wish to withdraw from the contract)

ELTY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Przedszkolna 24, 43-518 Ligota
e-mail address: elty@elty.pl

- I ......................................................................... hereby inform about my withdrawal from the contract of sale of the following items:

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

- Date of receipt .........................................................................................................................................................................................................

- Name and surname of the Consumer(s) .....................................................................................................................................................................

- Address of the Consumer(s) ......................................................................................................................................................................................

....................................................................................................................................................................................................................................

.............................................................................................
Signature of the Consumer
(only if the form is sent in paper version)


Date ............................................

(*) Delete as appropriate.

Account Terms and Conditions

Terms and Conditions of the account in the elty.pl store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Reservations

§ 1 DEFINITIONS

Account – a free function of the Store (service) regulated in these terms and conditions, thanks to which the Buyer can set up their individual Account in the Store.
Buyer - every entity purchasing in the Store.
Store – the elty.pl online store run by the Seller at the address https://elty.pl
Seller - ELTY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Przedszkolna 24, 43-518 Ligota, entered into the National Court Register - register of entrepreneurs by SĄD REJONOWY KATOWICE_WSCHÓD W KATOWICACH, VIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS number 0000617075, NIP 6521726518, REGON number 36354309600000.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Przedszkolna 24, 43-518 Ligota
2. E-mail address: elty@elty.pl
3. Phone: 663746362

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and setting up of the Account, the following are required:
   • Active e-mail account
   • A device with Internet access
   • A web browser supporting JavaScript and cookies

§ 4 ACCOUNT

1. Setting up an Account is entirely voluntary and depends on the Buyer's will.
2. The Account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the order status, or self-editing the Buyer's data.
3. To set up an Account, the appropriate form in the Store must be completed.
4. At the moment the Account is set up, an indefinite contract is concluded between the Buyer and the Seller regarding the maintenance of the Account on the terms indicated in the Terms and Conditions.
5. The Buyer may resign from the Account at any time without incurring any costs.
6. To resign from the Account, the Buyer should send their resignation to the Seller to the e-mail address: elty@elty.pl, which will result in the immediate deletion of the Account and termination of the contract regarding the maintenance of the Account.

§ 5 COMPLAINTS

1. Complaints regarding the functioning of the Account should be directed to the e-mail address elty@elty.pl.
2. The Seller will consider the complaint within 14 days.
   
   OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT
3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
   1. Mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), which should be approached with a request for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   2. Assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application should be submitted to consider the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   3. The ODR internet platform available at: http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

1. The administrator of personal data provided by the Buyer while using the Store is the Seller.
2. The Buyer's personal data is processed on the basis of the contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information regarding data processing by the Seller is contained in the privacy policy posted in the Store.

§ 7 RESERVATIONS

1. The Buyer is prohibited from providing content of an unlawful nature.
2. The contract regarding the maintenance of the Account is concluded in Polish.
3. In the event of important reasons referred to in section 4, the Seller has the right to amend these Account Terms and Conditions.
4. Important reasons referred to in section 3 are:
   1. the necessity to adapt the Store to legal regulations applicable to the Store's activity
   2. improving the security of the service provided
   3. change in the functionality of the Account requiring modification of the Account Terms and Conditions.
5. The Buyer will be informed about the planned change to the Account Terms and Conditions at least 7 days before the change comes into force via an e-mail sent to the address assigned to the Account.
6. If the Buyer does not accept the planned change, they should inform the Seller by sending an appropriate message to the Seller's e-mail address elty@elty.pl, which will result in the termination of the contract regarding the maintenance of the Account at the time the planned change comes into force or earlier, if the Buyer requests it.
7. If the Buyer does not object to the planned change before it comes into force, it is assumed that they accept it, which does not constitute any obstacle to terminating the contract in the future.
8. In the event of a potential dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the Seller's registered office.
9. None of the provisions of these terms and conditions excludes or in any way limits the rights of the Consumer resulting from legal provisions.

Newsletter Terms and Conditions

of the elty.pl store

§ 1 DEFINITIONS

Newsletter – a service provided electronically free of charge, thanks to which the Service Recipient can receive previously ordered electronic messages from the Service Provider regarding the Store, including information about offers, promotions, and new products in the Store.
Store – the elty.pl online store run by the Service Provider at the address https://elty.pl
Service Provider - ELTY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Przedszkolna 24, 43-518 Ligota, entered into the National Court Register - register of entrepreneurs by SĄD REJONOWY KATOWICE_WSCHÓD W KATOWICACH, VIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, under KRS number 0000617075, NIP 6521726518, REGON number 36354309600000.
Service Recipient - every entity using the Newsletter service.

§ 2 Newsletter

1. The Service Recipient may voluntarily use the Newsletter service.
2. To use the Newsletter service, a device with the latest version of a web browser supporting JavaScript and cookies, with Internet access, and an active e-mail account are necessary.
3. E-mail messages sent as part of this service will be sent to the e-mail address provided by the Service Recipient when subscribing to the Newsletter.
4. In order to conclude the agreement and subscribe to the Newsletter service, the Service Recipient first provides their e-mail address in the designated place on the Website, to which they want to receive messages sent as part of the Newsletter. Next, the Service Provider will send a verification e-mail to the address provided in the first step, which will contain a link for the Service Recipient to confirm their willingness to subscribe to the Newsletter. After the Service Recipient confirms their willingness to subscribe to the Newsletter, the service agreement is concluded, and the Service Provider will begin providing the service to the Service Recipient.
5. The Service Recipient can unsubscribe from the Newsletter, without giving a reason and incurring any costs, at any time, by sending a message to the Service Provider's e-mail address: elty@elty.pl.
6. Sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the agreement regarding the provision of this service.

§ 3 Complaints

1. Complaint notifications regarding the Newsletter should be submitted to the Service Provider at the e-mail address: elty@elty.pl.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

§ 4 Personal Data

1. The administrator of personal data provided by the Service Recipient while using the Newsletter is the Service Provider.
2. The Service Recipient's personal data is processed on the basis of the contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information regarding data processing by the Seller is contained in the privacy policy posted in the Store.

§ 5 Final Provisions

1. The Service Provider reserves the right to amend these terms and conditions only for important reasons. An important reason is understood as the necessity to change the terms and conditions caused by the modernization of the Newsletter service or a change in legal provisions affecting the provision of the service by the Service Provider.
2. Information about the planned change to the terms and conditions will be sent to the Service Recipient's e-mail address provided when subscribing to the Newsletter at least 7 days before the changes come into force.
3. If the Service Recipient does not object to the planned changes before they come into force, it is assumed that they accept them.
4. In the event of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address: elty@elty.pl, which will result in the termination of the service agreement at the time the planned changes come into force.
5. The Service Recipient is prohibited from providing content of an unlawful nature.