TERMS AND CONDITIONS OF ONLINE STORE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS OF CONCLUDING A SALES AGREEMENT
- WAYS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, WAYS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINT
- OUT-OF-COURT COMPLAINT HANDLING AND CLAIM PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
These Terms and Conditions of the Internet Shop have been prepared by Prokonsumencki.pl lawyers. The Internet store www.eucservice.com cares about consumer rights. A consumer may not waive the rights granted to him by the Act on Consumer Rights. Provisions of the agreements less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law, and any possible doubts shall be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
- GENERAL PROVISIONS
1.1 The Internet store available at the Internet address www.eucservice.com is run by EUCSERVICE SPÓŁKA Z OGRANICZONĄ ODPOWIALNOŚCIĄ company with its registered seat in Gdańsk (registered office and address for delivery: K. Porębskiego Street 49/4, 80-180 Gdańsk), entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000911701; the registration court, where the company’s documentation is kept: District Court Gdańsk – North in Gdańsk, VII Economic Division of the National Court Register; share capital amounting to: 5000,00 PLN; NIP 5833433441, REGON 389462845, e-mail address: email@example.com.
1.2 These Regulations are addressed to both consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Internet Shop that allows creating an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Internet Shop, allowing the placement of an Order, in particular by adding Products to an electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full capacity to perform legal actions, and in cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964. (Journal of Laws 1964 no 16, item 93 as amended).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information on Orders placed by him/her at the Online Store are stored.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Users to automatically receive from the Service Provider cyclic content of successive editions of a newsletter containing information about Products, news and promotions at the Online Store.
1.4.8. PRODUCT – a movable item available at the Internet Shop or a service, which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. RULES – these Regulations of the Internet Shop.
1.4.10. INTERNET SHOP – the Service Provider’s online store available at the following internet address: www.eucservice.com.
1.4.11. SELLER, SERVICE PROVIDER – EUCSERVICE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ company with its registered seat in Gdańsk (registered office and address for delivery: K. Porębskiego Street 49/4, 80-180 Gdańsk), entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000911701; the registration court where the company’s documentation is kept: District Court Gdańsk – North in Gdańsk, VII Economic Division of the National Court Register; share capital amounting to: 5000.00 PLN; NIP 5833433441, REGON 389462845, e-mail address: firstname.lastname@example.org.
1.4.12. CONTRACT OF SALE – the contract of sale of the Product entered into or concluded between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – service provided electronically by the Service Provider to the Customer through the Internet Shop.
1.4.14. SERVICE PROVIDER – (1) a natural person with full capacity to perform legal actions, and in cases provided by generally applicable regulations also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, to which the Act grants legal capacity – using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827 as amended).
1.4.16. ORDER – the Customer’s declaration of will made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
- ELECTRONIC SERVICES IN THE INTERNET STORE
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account – using an Account is possible after completing three consecutive steps by the Customer – (1) filling in the Registration Form, (2) clicking on “Register” and (3) confirming the intention to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address. The following information must be provided by the Customer in the Registration Form: first and last name / company name, address (street, house number, postal code, city, country), email address, contact phone number and password. In the case of Customers who are not consumers, it is also necessary to provide their company name and NIP number. An Account may also be created by ticking the appropriate checkbox when placing an Order – at the moment of placing the Order an Account shall be created.
184.108.40.206. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending the appropriate request to the Service Provider, particularly via e-mail to the address: email@example.com or in writing to the address: K. Porębskiego Street 49/4, 80-180 Gdańsk.
2.1.2. Order Form – the use of the Order Form starts at the moment of adding by the Customer the first Product to the electronic basket in the Online Shop. The Order is placed when the Customer completes two consecutive steps: (1) filling in the Order Form and (2) clicking the field “Order and pay” on the On-line Store’s website after filling in the Order Form – until this moment, it is possible to modify the data entered (for this purpose, follow the messages displayed and information available on the On-line Store’s website). In the Order Form it is necessary for the Customer to provide the following data: name and surname/company name, address (street, number of the house/flat, postal code, town, country), e-mail address, contact phone number and data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers it is also necessary to provide their company name and NIP number.
220.127.116.11. The Electronic Service Order Form is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3. Newsletter – to subscribe to the Newsletter the Customer shall indicate his/her email address in the “Newsletter” tab visible on the Online Shop website, to which subsequent editions of the Newsletter shall be sent, and shall click the “Sign up” box. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when setting up an Account – the moment the Account is created the Customer shall be subscribed to the Newsletter.
18.104.22.168. The Newsletter Electronic Service shall be free of charge for an indefinite period of time. The Customer shall have the opportunity to unsubscribe from the Newsletter (Newsletter unsubscribe) at any time and without giving reasons, by sending an appropriate request to the Service Provider, in particular via email to the address: firstname.lastname@example.org or in writing to the address K. Porębskiego St. 49/4, 80-180 Gdańsk.
2.3. The Customer is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The customer is obliged to enter data consistent with the facts. The recipient is prohibited to provide unlawful content.
2.4. The use of Electronic Services is connected with standard risks occurring on the Internet. The main danger of every Internet user, including persons using Electronic Services, is the possibility of “infecting” the ICT system by various types of software created mainly to cause damage, such as viruses, “worms” or “Trojan horses”. In order to avoid risks associated with this, Provider recommends that Client equips his equipment, which he uses to connect to the Internet, with antivirus program and constantly update it by installing the latest version.
2.5. Mode of complaint procedure concerning Electronic Services:
2.5.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions) The Customer may submit, for example:
22.214.171.124. in writing to the address: K. Porębskiego Street 49/4, 80-180 Gdańsk;
126.96.36.199. in the electronic form via e-mail to the address: email@example.com.
2.5.2. The Customer is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.5.3. The Service Provider shall respond to the complaint immediately, but no later than within 14 calendar days from the date of submission.
- CONDITIONS OF CONCLUDING A CONTRACT OF SALE
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an Order by the Customer with the help of the Order Form in the Online Shop according to point 2.1.2 of the Terms and Conditions. 2.1.2 of the Regulations.
3.2. The Product price displayed on the website of the Online Shop is given in Polish zloty (PLN) or Euros (EUR) depending on the Customer’s settings and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transport, delivery and postal services) and about other costs, and if it is not possible to determine the amount of these fees – about the obligation to pay them, the Customer is informed on the pages of the On-line Shop in the course of placing the Order, including also at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
3.3. Due to the fact that some of the Products ordered by the Customer are imported from outside the European Union, the Customer may be obliged to pay customs duty and value added tax (VAT), the exact amount of which cannot be calculated at the moment of concluding a Sales Agreement.
3.4. Procedure of Sales Agreement conclusion at the Online Shop by means of the Order Form
3.4.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order at the Online Store, in accordance with point 2.1.2 of the Terms and Conditions. 2.1.2 of the Regulations.
After placing an 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 execution takes place by sending by the Seller to the Customer an appropriate e-mail message to the e-mail address given during the placement of the Order, which contains at least statements of the Seller on receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. At the moment of receipt by the Customer of the above mentioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.5. The consolidation, securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Regulations available on the website of the Online Shop and (2) sending the Customer the e-mail message referred to in item 3.4.2 of the Regulations. 3.4.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Internet Shop.
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller shall make available to the Buyer the following methods of payment for a Sales Agreement:
4.1.1. Payment in cash on delivery at the time of delivery.
4.1.2. Payment in cash on delivery in person.
4.1.3. Payment by bank transfer to the Seller’s bank account.
4.1.4. Electronic and credit card payments via Stripe.com – possible current payment methods are specified on the website https://www.stripe.com.
188.8.131.52. Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice through the Stripe.com service. The handling of electronic payments and payment cards is carried out by Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
4.2. Payment Term:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. In case of selection by the Customer of cash on delivery or payment in cash on delivery in person, the Customer is obliged to make payment on delivery.
4.3. The payment made to the Seller by the Customer after the conclusion of the Sales Agreement does not include duties and taxes, referred to in item. 4.3 Payment made to the Seller after the conclusion of the Sales Agreement does not include the duties and taxes referred to in item 3.3 of the Terms and Conditions, which the Customer is each time obliged to pay on his own.
4.4. With reference to some of the Products at the Online Shop, the Seller may require payment of an advance for the execution of a Sales Agreement in the amount of the full or partial price of the Product, regardless of the payment method chosen by the Customer. Information on the requirement to pay an advance and its amount is always indicated next to the Product or during submitting the Order.
- COST, WAYS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT.
5.1. The Product delivery to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including shipping, delivery charges and postal services) are indicated to the Client on the website of the On-line Shop while placing an Order, including also at the moment of expressing by the Client the will to be bound by the Sales Agreement.
5.2. Personal collection of the Product by the Customer is free of charge.
5.3. The Seller makes available to the Customer the following methods of delivery or collection of the Product:
5.3.1. Courier delivery, cash on delivery.
5.3.2. Personal collection available at the address: K. Porębskiego Street 49/4, 80-180 Gdańsk – after prior individual arrangement of date and time of collection.
5.4. The deadline for delivery of the Product to the Customer is up to 66 Business Days, unless a shorter deadline is given in the Product description or during placing an Order. In the case of Products with different delivery times, the delivery time is the longest specified time, which must not, however, exceed 66 Business Days. The start of the Product delivery period to the Customer is calculated as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the bank account or settlement account of the Seller.
5.4.2. In case of choosing by the Customer the cash on delivery method of payment – from the date of conclusion of the Sales Agreement.
5.5. Deadline for Product readiness for pick up by the Customer – if the Customer chooses personal Product pick up, the Product will be ready for pick up by the Customer within 66 Business Days, unless a shorter deadline is given in the Product description or during Order placement. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified but shall not exceed 66 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The start of the period when the Product is ready for collection by the Customer is counted as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the bank account or settlement account of the Seller.
5.5.2. In case of choosing by the Customer the method of cash payment upon personal collection – from the date of conclusion of the Sales Agreement.
- PRODUCT COMPLAINT
6.1. The basis and scope of liability of the Seller to the Customer, if the sold Product has a physical or legal defect (warranty), are determined by generally applicable law, in particular, the Civil Code (including Article 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver to the Customer the Product without defects.
6.3. A complaint can be submitted by the Customer for example:
6.3.1. in writing to the address: K. Porębskiego Street 49/4, 80-180 Gdańsk;
6.3.2. in the electronic form via e-mail to the address: firstname.lastname@example.org.
6.4. The Customer is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of the defect; (2) request for a method of bringing the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, exercising the rights under the warranty, requested replacement of the item or removal of defects or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request is justified.
6.6. The Customer, who exercises the rights under warranty, is obliged to deliver the defective Product to the address indicated by the Seller after receiving a complaint from the Customer, and if such an address is not provided, to the address of the registered office of the Seller: K. Porębskiego Street 49/4, 80-180 Gdańsk. In the case of a Customer who is a consumer, the cost of delivery of the Product is covered by the Seller. If the delivery of the Product by the Customer who is a consumer would be too difficult due to the type of the Product or the way it is installed, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.
- OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES.
7.1. Detailed information about the possibility of using out-of-court complaint handling and claim investigation procedures by the Customer who is a consumer and rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: email@example.com or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is to provide assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
7.3. The consumer has the following examples of out-of-court methods of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector responsible for the place of business of the Seller); and (3) the assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at firstname.lastname@example.org and at the consumer helpline number 801 440 220 (open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per operator’s tariff).
7.4. At http://ec.europa.eu/consumers/odr is available a platform for online dispute resolution between consumers and traders at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
- RIGHT OF WITHDRAWAL
8.1. A consumer who has entered into a remote agreement, may within 14 calendar days withdraw from it without giving any reason and without incurring costs, except for the costs set out in point. 8.8. of the Regulations. In order to meet the deadline it is enough to send the statement before its expiry. A statement of withdrawal from the contract may be made, for example:
8.1.1. in writing to the address: K. Porębskiego Street 49/4, 80-180 Gdańsk;
8.1.2. in the electronic form via e-mail to the address: email@example.com.
8.2. A sample withdrawal form is set out in Appendix 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions. The Consumer may use the sample form, but it is not mandatory.
8.3. The period for withdrawal from the contract shall begin:
8.3.1. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sale Contract) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves multiple Products which are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
8.3.2. for other contracts – from the date of the conclusion of the contract.
8.4. In the case of withdrawal from the remote agreement, the agreement is considered as not concluded.
8.5. The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the agreement, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the choice by the consumer of a method of delivery other than the cheapest ordinary method of delivery available at the Online Store). The Seller shall return the payment using the same method of payment used by the consumer, unless the consumer has explicitly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6. The Consumer shall be obliged to immediately, no later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or transfer it to a person authorized by the Seller to receive it, unless the Seller offered to collect the Product itself. To meet the deadline it is sufficient to return the Product before its expiry. The Consumer should return the Product to the address indicated by the Seller upon receipt of the Consumer’s declaration of withdrawal from the agreement, and in the absence of such an address, to the address of the Seller’s headquarters: K. Porębskiego Street 49/4, 80-180 Gdańsk.
8.7. The Consumer is responsible for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8. Possible costs associated with the withdrawal from the contract by the consumer, which must be borne by the consumer:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available at the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.
8.8.2. The Consumer shall bear the direct costs of returning the Product. In the case of Products that cannot be sent back in the usual way by post (e.g. bulky shipments), the consumer may incur higher costs of sending them back, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
8.8.3. In the case of a Product which is a service, the performance of which – at the express request of the consumer – has begun before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after having made such a request, is obliged to pay for the services performed until the withdrawal. The payment amount shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance.
8.9. The right of withdrawal from a distance contract shall not apply to the consumer with respect to contracts:
8.9.1. (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal; (3) in which the subject of the performance is a non-refabricated product, produced according to consumer specifications or serving to meet his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject matter of the performance is a Product delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject matter of the performance are Products, which after delivery, due to their nature, are inseparably connected with other things (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at 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 market fluctuations, over which the Seller has no control; (8) in which the consumer explicitly requested that the Seller came to him in order to perform urgent repair or maintenance;
the right to withdraw from the agreement with regard to additional services or Products (9) in which the subject of the supply are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreement; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service (13) for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the withdrawal period and after the Seller has informed him about the loss of the right to withdraw from the contract.
8.10. The provisions of this section 8 of the Terms and Conditions regarding the consumer shall apply from 1 January 2021 and for agreements concluded from that date also to the Customer or the Customer being a natural person who concludes an agreement directly related to its business activity, if it follows from the content of that agreement that it is not of professional nature for that person, resulting in particular from the subject of its business activity made available on the basis of provisions of the Central Register and Information on Business Activity.
- PROVISIONS CONCERNING ENTREPRENEURS
9.1. This Section 9 of the Terms and Conditions and all the provisions contained therein are addressed to and therefore binding only on a Customer or Customer who is not a consumer, and from 1 January 2021 and for agreements concluded from that date, who is not also a natural person who enters into an agreement directly related to its business activity, where the content of the agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of its business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.
9.2. The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may be without giving any reason and does not give rise to any claims against the Seller on the part of the Customer.
9.3. The Seller shall have the right to limit the available payment methods, including the right to require the payment in full or in part in advance regardless of the payment method chosen by the Buyer and the fact of concluding a Sales Agreement.
9.4. In the case of delay in payment, including advance payment, the Seller reserves the right to refuse to conclude subsequent contracts and to suspend the execution of contracts already concluded until the payment due is made, which shall not give rise to any claims by the Customer against the Seller.
9.5. In the event of any disputable issues related to the Sales Agreement, the Customer shall not be entitled to withhold payment or any part thereof. Any settlements resulting from disputable issues shall be made only after a mutual agreement of the parties.
9.6. Any delay or non-performance of the Sales Agreement by the Seller shall not constitute any basis for the Customer to withdraw from the contract or claim any damages for losses incurred or any other equivalent payments if the non-performance or undue performance of the contract was caused by factors for which the Seller is not responsible and to which he did not contribute.
9.7. The Service Provider may terminate an agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Customer.
9.8. The liability of the Service Provider/Seller to the Customer/Client, regardless of its legal basis, shall be limited – both for a single claim as well as for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand PLN. The limitation of the amount referred to in the preceding sentence applies to all claims made by the Client/Customer against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller is liable to the Client/Client only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.
9.9. Any disputes arising between the Seller / Service Provider and the Customer / Client are subject to the competent court for the seat of the Seller / Service Provider.
- FINAL PROVISIONS
10.1. Contracts concluded through the Online Store are concluded in the Polish language.
10.2. Change of Terms and Conditions:
10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in the provisions of law; changes in the methods and dates of payment and delivery; changes to the Service Provider’s data; changes to the scope or form of the Electronic Services provided – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. In the case of conclusion of continuous agreements on the basis of these Regulations (e.g. provision of Electronic Services – Account) the amended Regulations shall be binding upon the Customer if the requirements set forth in Article 384 and 384 of the Civil Code have been met, i.e. the Customer has been correctly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the change of Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Customer has the right to withdraw from the contract.
10.2.3. In the case of conclusion of contracts other than continuous contracts (e.g. Sales Agreement) under these Terms of Service, the amendments to the Terms of Service shall in no way affect the rights acquired by the Customer/Client prior to the effective date of the amendments to the Terms of Service, in particular the amendments to the Terms of Service shall not affect any Orders already placed or submitted and any Sales Agreements concluded, executed or performed.
10.3. Matters not regulated by these Terms shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on rendering electronic services of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); Act on Consumer Rights; and other applicable provisions of commonly binding law.
10.4. The Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider / Seller guarantees the protection afforded to the consumer under the provisions that cannot be excluded by contract.
- MODEL WITHDRAWAL FORM
(ATTACHMENT NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the contract)
EUCSERVICE LIMITED LIABILITY COMPANY
- Porębskiego St. 49/4, 80-180 Gdańsk
– I/We(*) hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of workmanship of the following items(*)/the provision of the following service(*)
– Date of conclusion(*)/receipt(*)
– First and last name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
(*) Delete where not applicable.