Terms and conditions

Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

 

  1. The Regulations define the terms and conditions for the provision of services by electronic means, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer and Preferred Trader entitled to the rights of a consumer following the applicable regulations, including the Consumer Rights Act of 30 May 2014  (Journal of Laws 2017.683, as amended).
  2. Each Customer should read the Terms and Conditions.
  3. The Terms and Conditions are available on the Store's website free of charge also before the conclusion of the agreement. At the Customer's request, the Regulations are also available in such a way that it is possible to obtain, reproduce and record their content with the ICT system used by the Customer (e.g. by e-mail).
  4. Basic definitions:

1)            Terms and conditions: Online Store Terms and Conditions: www.sklep.enger.pl;

2)            Seller: Robert Kwiecień conducting business activity under the name ENGER Robert Kwiecień, ul. Zagrody 25, 32-200 Miechów, NIP 6591047490, entered into the Central Register and Information on Economic Activity

3)            Customer: a natural person who is over 18 years old and has full legal capacity, a legal person and an organizational unit without legal personality, but who may acquire rights and incur obligations on their behalf, which will establish a legal relationship with the Seller in the scope of the Store's activities. The Customer is also a Consumer if there are no separate provisions concerning the Consumer in a given matter;

4)            Customer: a natural person who is over 18 years old and has full legal capacity, a legal person and an organizational unit without legal personality, but who may acquire rights and incur obligations on their behalf, which will establish a legal relationship with the Seller in the scope of the Store's activities. The consumer is also a consumer or a Preferred Trader entitled to the rights of a consumer if there is no separate provision for them in this respect;

5)            Electronic Service – a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017.1219, as amended), provided electronically by the Seller to the Customer via the Website;

  • Shop or Online Store or Service: Electronic Service, Online Store, operated by the Seller at www.sklep.enger.pl, under which the Customer concludes a distance sales agreement, the parties are informed about the sale through automatically generated e-mail, and the performance of the agreement (in particular the delivery of the Goods) takes place off the Internet;

7)            Account – Electronic Service, marked with an individual name (login) and password provided by the Customer, a collection of resources in the Seller's ICT system, in which data provided by the Customer and information about activities within the Store are collected;

8)            Goods or Product – goods sold in the Store, included in the Seller's offer;

9)            Agreement – a remote agreement for the purchase of Goods concluded by placing an Order in the Store by the Customer and its acceptance by the Seller;

10)          Form - a script constituting a means of electronic communication, enabling placing an Order in the Store or performing other activities in the Store;

11)          Order - an instruction to purchase the Goods submitted by the Customer through technical communication;

12)          Newsletter – Electronic Service, an electronic distribution service provided by the Seller via e-mail, which allows all customers using it to automatically receive periodic messages (newsletters) from the Seller containing information about the Service, including news or promotions in the Store.

13)          Force majeure -  an emergency, unpredictable and independent of the will of the parties situation, preventing the performance of the agreement in whole or in part, at all or for a certain time, which, with due diligence, could not be prevented or counteracted (e.g. war, strikes, lay-off, shortages of raw materials or energy supplies, disruptions in the functioning of factories, roadblocks, extraordinary phenomena of nature, epidemics, emergency conditions).

14)           Preferred Trader entitled to the rights of a consumer - a natural person who concludes an Agreement directly related to his/her business activity, when the content of this Contract shows that it is not professional for him/her, resulting in particular from the subject of his/her business activity.

 

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

  1. Contact details of the Seller: ENGER Robert Kwiecień, 32-200 Miechów, ul. Zagrody 25, E-mail: zamowienia@enger.pl, phone number +48 413890103;
  2. The Seller offers the following types of electronic services:

               1) Online Store,

               2) Newsletter,

               3) Reviewing (commenting),

               4) Account.

  1. The Seller provides Electronic Services following the Terms and Conditions.
  2. The technical condition for using the Store is the possession of a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), access to the Internet and a current and active e-mail account.
  3. It is forbidden for the Customer to provide illegal content.
  4. Using the Store may be associated with threats typical for Internet use, such as spam, viruses and hacking attacks. The Seller takes action to counteract these threats. The public nature of the Internet and services provided by electronic means may be associated with a risk of obtaining and modifying Customers' data by unauthorised persons, hence the Customers should apply appropriate technical measures to minimise the above-mentioned risks, in particular, use anti-virus software and software protecting identities of Internet users.
  5. The free electronic services agreement is entered into the online store. Customer may terminate the use of free electronic services at any time by leaving the Store or by deleting Customer's account. In this case, the contract for the provision of free Electronic Services is automatically terminated without the need for additional declarations of the parties.
  6. The Seller may, except as otherwise required by law process the following personal details of the Customer necessary to establish, modify the content, change or terminate the agreement:

1)            name and surname of the Customer;

2)            the permanent address of residence;

3)            address for correspondence, if different from the address of residence;

4)            Customer's e-mail addresses;

5)            telephone number;

  1. The Seller may process, with the consent of the Customer and for advertising, market research and the behaviour and preferences of the Customers for the results of such research to improve the quality of services provided by the Seller, other data concerning the Customer that are not necessary for the provision of the service by electronic means.

CHAPTER 3.  PERSONAL DETAILS

1)            The Seller processes the details provided by Customers under applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter: "Regulation"). In particular:

1) The Seller shall ensure that these data are:

  1. a) processed lawfully, fairly and transparently for Customers and other data subjects,
  2. b) collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes,
  3. c) adequate, appropriate and limited to what is necessary for the purposes for which they are processed,
  4. d) correct and, where necessary, updated,
  5. e) kept in a form allowing identification of the data subject for no longer than is necessary for the purposes for which the data are processed,
  6. f) processed in such a way as to ensure adequate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organisational measures,

2)            The Seller shall apply appropriate technical and organizational measures ensuring the protection of the processed personal data appropriate to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons,

3)            The Seller provides access to personal data and the exercise of other rights to Customers and other data subjects, under applicable law.

  1. The processing of personal data shall be based on the consent of the clients or any other grounds for the processing of personal data under the Regulation.
  2. The Seller guarantees the exercise of the rights of persons whose personal data are processed on the terms resulting from the relevant regulations, including those persons entitled to:

1)            the right to withdraw consent on the processing of personal data,

2)            the right to information concerning their data,

3)            the right to control the processing of data, including their completion, updating, rectification and erasure,

4)            the right to object to the processing or to restrict the processing,

5)            the right to complain to the supervisory authority and to exercise other legal remedies to protect their rights.

  1. Data may be processed only on the Seller's authorization or a contract for entrusting the processing of personal data and only at the Seller's request.
  2. The Seller ensures that personal data is not shared with entities other than those authorized under the relevant provisions of law unless required by the European Union or Polish law.
  3. In connection with the business activity, the Seller uses the services of other entities, including for execution of Agreements. Personal details may be provided to:

1)            a hosting company,

2)            suppliers of software to operate the Store,

3)            internet service providers,

4)            companies providing courier or postal services,

5)            providers of the electronic payment platform,

6)            the supplier of software for issuing invoices,

7)            entities providing accounting or legal services.

 

CHAPTER 4. ADDITIONAL INFORMATION

  • 1 Account.
  1. Registration of the Account on the Store's website is free of charge and requires the following actions: The Customer should complete the registration form by providing the required details and submitting statements on acceptance of the Terms and Conditions, processing of personal data and transfer of commercial information. To the Customer's email address provided by the Customer during the account registration process will be sent a link to verify the account. Login to your account is by entering the login and password set by the Customer. The password is confidential and should not be shared with anyone.
  2. The account allows the Customer to enter or modify data, place or review orders, and view order history.
  3. Electronic Account Service is provided free of charge for an indefinite period.
  4. The Customer may cancel the Store Account at any time by sending an appropriate request to the Seller by e-mail to zamowienia@enger.pl or in writing to the Seller's address: 32-200 Miechów, ul. Zagrody 25
  • Newsletter
  1. The Newsletter Service is designed to provide the Customer with the requested information.
  2. Using the Newsletter does not require registration of the Account by the Customer but requires providing an e-mail address and submitting statements on acceptance of the Terms and Conditions, processing personal data, transferring commercial information.
  3. A link confirming the Newsletter subscription will be sent to the Customer's e-mail address.
  4. Electronic Newsletter Service is provided free of charge for an indefinite period.
  5. Customer may at any time opt-out of the Newsletter by sending a request to the Seller by e-mail to:: zamowienia@enger.plor in writing to the Seller’s address:: 32-200 Miechów, ul. Zagrody 25
  • Customer’s reviews
  1. The Seller allows Customers to post individual and subjective statements (reviews, comments) of the Customer on the Store's website, in particular regarding the Goods.
  2. The Service is provided free of charge for an indefinite period.
  3. The service can be used anonymously.
  4. The Seller may use Customer’s reviews for content posted on the Website.

 

CHAPTER 5. SALE

  • Goods
  1. All products offered in the Store are new and free from defects. A detailed description of the Goods can be found on the Store's website.
  2. After-sales warranty or services may be provided for the Goods. Detailed information in this respect can be found in the description of the Goods.
  • Orders and their fulfilment
  1. The order may be placed by filling in the form available in the Store.
  2. Orders can be placed by first registering your account in the store or without registering your account in the store (Guest purchases).
  3. The customer must complete the form carefully, stating all the details as they are and specifying the chosen method of payment and delivery.
  4. The Customer provides data in the form and submits statements on acceptance of the Terms and Conditions, processing of personal data, transfer of commercial information.
  5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays shall be processed on the following working day.
  6. The Customer confirms the order by selecting the button(s) marked "order with the obligation to pay”. The Seller shall send the Customer an Order confirmation to the e-mail address indicated by the Customer.
  7. The time of order processing (i.e. until the date of dispatch of the Goods) is up to 5 (five) Working Days.
  8. A Customer who requests a VAT invoice to document the transaction must provide the necessary details, but the Customer's NIP [Tax ID] number must be provided no later than when placing the Order. The Seller is not responsible for providing incorrect or incomplete data, including the NIP number, by the Customer.
  9. In the event of inability to fulfil the order, which may take place in the event of force majeure or other reasons, the Seller undertakes to immediately inform the Customer via e-mail or telephone. In such a case, the consumer may cancel the Agreement and the Seller shall refund in full the amounts paid by the Consumer. In other cases, the execution of the Agreement shall be postponed by the duration of the obstacle.
  • Payments
  1. All prices of the Goods given in the Store are gross prices in Polish zlotys (prices include VAT). The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods quoted at the time of placing the order by the Customer shall be binding for both parties.
  2. Costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
  3. Available forms of payment:
  • Bank Transfer - Payment before shipping the Goods (prepayment). Once the order is placed, the customer should pay/transfer the amount to the Store's bank account. The Order is processed after the Customer’s payment is credited to the Store's bank account.
  • Payment via the Przelewy24 payment system - payment before shipment of the Goods (prepayment). Once the order is placed, the Customer should pay via the Przelewy24 payment system. The Order is processed after the Customer's payment is credited to the Przelewy24 payment system.
  • Cash on collection  - the Customer pays cash on collection of the Goods from the Seller's store. The order is processed and delivered once it has been accepted.
  • Cash on delivery - Customer pays on delivery of the goods to the carrier. The order is processed and delivered once it has been accepted.
  1. For each product sold, the Store issues a proof of purchase and delivers it to the Customer, provided that the provisions of generally applicable law require delivery, subject to the provisions of Chapter 5, paragraph 2, point 8 of the Regulations.
  2. The Customer shall pay within 3 days of the date of conclusion of the sales agreement unless the method of payment chosen requires a different deadline. If the Customer fails to pay within this period, then - following Art. 491 § 1 of the Civil Code (Journal of Laws 2017.459, as amended) - The Seller will set an additional deadline for payment to the Customer, after which the Seller will be entitled to withdraw from the agreement without effect. If the Customer declares non-performance, the Seller may withdraw from the agreement without setting an additional deadline, also before the indicated deadline for fulfilling the service.
  3. The entity providing electronic payment service is Przelewy24 with its registered office in 60-327 Poznań, address: ul. Kanclerska 15, entered into the Register of Entrepreneurs kept by the District Court Poznań under KRS number 0000347935, NIP: 7792369887, with a share capital of PLN 4,500,000.00 fully paid up, a national payment institution within the meaning of the Act of 19 August 2011 on payment services, entered in the register of payment services. The Financial Supervisory Commission shall supervise the execution of payment services activities.
  • Delivery
  1. The Product shall be shipped to the address indicated by the Customer on the form unless otherwise agreed by the parties.
  2. The Product is delivered by courier. The parcel sent via the courier company should be delivered within 5 working days from the date of shipment of the Goods.
  3. The Customer may collect the goods personally at the address indicated on the order.
  4. Along with the Goods, the Seller delivers to the Customer all the elements of its equipment as well as operating and maintenance manuals and other documents required by the provisions of generally applicable law.
  5. The Seller indicates that:

1)            upon delivery of the Goods to the Customer or the carrier, the benefits and burdens associated with the Goods and the risk of accidental loss or damage pass to the Customer.  In the case of sale to the Consumer, the risk of accidental loss or damage of the Goods shall be passed on when the Goods are delivered to the Consumer. As the delivery of the Goods shall be deemed entrusting of the Goods by the Seller to the carrier when the Seller had no influence on the choice of the carrier by the Consumer,

2)            acceptance of the consignment with the Goods by the Customer without reservations results in the expiration of claims for loss or damage in transport, unless:

  1. a) the damage was confirmed by protocol before accepting the consignment;
  2. b) this finding has been omitted because of the fault of the carrier;
  3. c) the loss or damage resulted from the carrier's wilful misconduct or gross negligence;
  4. d) the eligible person found non-apparent damage after acceptance of the consignment and within 7 days requested the establishment of its condition and proved that the damage occurred between the time of acceptance of the consignment for shipment and its delivery.

             The above shall not apply to the consumer and to the privileged trader on the consumer's rights.

  • Additional information for the Consumer
  1. The Agreement is not for an indefinite period and will not be subject to the automatic renewal.
  2. The minimum duration of the consumer's obligations under the Agreement shall be the duration of the execution of the Agreement, i.e. the payment and collection of the goods.
  3. Consumer use of the Store shall not be subject to any deposit or other financial guarantee.
  4. The Seller is not obliged and does not apply the code of good practise referred to in Article. 2 Point 5 of the Law of 23 August 2007 on the Prevention of unfair market practices (OJ No L-7.2070, rev.).

 

CHAPTER 6. RESPONSIBILITY

  1. Liability under the warranty is excluded in legal relations with Customers. and Preferred Traders entitled to the rights of a consumer. Seller's liability for damages in legal relations with customers is always limited to the value of the goods, but this does not apply to the consumer and the consumer's preferred trader.
  2. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty) on the principles set out in the provisions of the Civil Code (Journal of Laws 2017.459, as amended) and in the Consumer Rights Act of 30 May 2014 (Journal of Laws 2017.683, as amended), including on the following principles:

1)            the physical defect is the non-compliance of the Goods with the Agreement. In particular, the goods are not in conformity with the Agreement if:

  1. a) the Goods do not possess the characteristics which such Goods must possess under the purpose indicated in the Agreement or resulting from the circumstances or destination;
  2. b) the Goods do not have properties, the existence of which the Seller has provided to the Consumer;
  3. c) the Goods are not suitable for purposes specified by the Consumer and passed to the Seller at the conclusion of the Agreement, and the Seller has not raised any objection to such its intended use;
  4. d) The Goods have been delivered to the Consumer in an incomplete state.

2)            The Goods have a legal defect if the Goods are the property of a third party or if they are encumbered with the right of a third party, and also if the restriction in the use or disposal of the Goods results from a decision or decision of the competent authority; in the case of sale of the right, the Seller is also responsible for the existence of the right;

3)            The Seller is liable under the warranty for physical defects that existed at the time of passing the danger to the Consumer or resulted from a reason inherent in the Goods at the same time.

4)            The Seller is exempt from liability under the warranty if the Consumer knew about the defect at the time of conclusion of the contract

5)            If a physical defect was found before the expiry of a year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time of passing the danger to the Consumer;

6)            The Seller shall be liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the Goods to the consumer, and if the Goods purchased by the Consumer are used movable goods, the Seller shall be liable under the warranty if the physical defect is found before the expiry of one year from the date of delivery of the Goods;

7) the Consumer's rights under the warranty are:

  1. a) demand to reduce the price of the Goods or withdraw from the Agreement, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free item or removes the defect;
  2. b) The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Goods with the ones free from defects or instead of replacing the goods, demand the removal of the defect, unless bringing the goods into conformity with the contract in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller. The assessment of excessive costs shall take into account the value of the item free from defects, the type and significance of the defect found, as well as the inconvenience to which the Consumer would otherwise be exposed;

8)            The consumer, who exercises the rights under the warranty, is obliged to deliver the defective item at the Seller's expense to the place indicated in the contract, and if such place is not specified in the contract - to the place where the item was handed over to him.

 

CHAPTER 7. COMPLAINT HANDLING PROCEDURE

  1. The Customer may address complaints to the Seller in writing to the following address: […]. The Customer may use the complaint template available in the Store, but this is not a condition for considering the complaint. This does not apply to the Consumer and the Trader entitled to the rights of a consumer, who may address complaints to the Seller in any way.
  2. If it is found that the consignment with the Goods is violated, has suffered loss or damage, the Customer should immediately (not later than within 3 days from the date of receipt of the consignment) submit a complaint to the Seller. Such action will make it possible to pursue claims against the carrier. This is not a condition for considering the complaint of the Consumer's or Preferred Traders entitled to the rights of a consumer
  3. The seller undertakes to deal with the consumer's complaint within 30 days and complaints of the Consumer or the Consumer's or Preferred Traders entitled to the rights of a consumer within 14 days. If the seller fails to respond to the claim of consumer or Preferred Traders entitled to the rights of a consumer’s complaint within 14 days, claim shall be deemed to be justified.
  4. The Seller undertakes to consider the Customer's complaint within 30 days and the Consumer's complaint within 14 days. If the Seller fails to respond to the Consumer's complaint within 14 days, it shall be deemed justified.
  5. If the complaint is accepted, the Seller will take appropriate action.
  6. It is possible to use out-of-court means of dealing with complaints and pursuing claims in legal relations with Consumers, including:

1)            the possibility of resolving disputes electronically using the ODR (online dispute resolution) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN;

2)            the possibility of arbitration before a common court or other authorities.

 

CHAPTER 8. WITHDRAWAL FROM THE CONTRACT

  1. The Seller or the Customer may withdraw from the Agreement on the principles set out in the provisions of the Civil Code (Journal of Laws 2017.459, as amended).
  2. The Consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.
  3. Information on withdrawal from the Agreement by the Consumer is included in the notice of the right of withdrawal, available on the Store's website.
  4. The Consumer shall not have the right to withdraw from the Agreement in respect of certain Agreements such as.:
    • Agreements for the provision of services if the Seller has performed the Service in full with the express consent of the Consumer who has been informed before the commencement of the Service that, after Seller has fulfilled its performance, the Seller would lose the right of withdrawal;
    • Agreements In which the price or remuneration depends on fluctuations in the financial market beyond the control of the Seller and which may occur before the expiration of the withdrawal period;
    • Agreements concerning non-prefabricated goods manufactured according to the Consumer's specification or serving to meet his individualized needs;
    • Agreements in which the Goods are perishable or have a short shelf-life;
    • Agreements n which the goods are delivered in sealed packaging which, after opening the package, cannot be returned for health or hygienic reasons, if the package has been opened after delivery;
    • Agreements In which Goods by their nature, become inseparably combined with other goods after their delivery;
    • Agreements In which the goods are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Agreement, and which may not be delivered until 30 days, and the value of which depends on market fluctuations over which Seller has no control;
    • Agreements In which the Consumer explicitly requested that the Seller come to him for urgent repair or maintenance; in case of Agreements where the Seller provides also services other than those requested by the Consumer, or supplies goods other than spare parts necessary for the repair or maintenance, the Consumer shall be entitled to withdraw from the Agreement in respect of additional services or goods;
    • Agreements In which the Goods are audio or visual recordings or computer programs supplied in sealed packaging if the package has been opened after delivery;
    • Agreements for delivery of newspapers, periodicals or periodicals, except for a subscription Agreements;
    • Agreements concluded at a public auction;
    • Agreements for the provision of accommodation services, other than for residential purposes, the carriage of goods, the rental of cars, catering services, leisure, entertainment, sports or cultural events, where the contract indicates the date or period of service;
    • Agreements for the supply of digital content which is not recorded on a material medium if the performance began with the consumer's express consent before the end of the withdrawal period and after the seller has informed him of the loss of the right of withdrawal;
    • The provisions of paragraphs 2 to 10 shall apply to a Preferred Trader entitled to the rights of a consumer.

 

CHAPTER 9. INTELLECTUAL PROPERTY

  1. The rights in the Website and the content contained therein belong to the Seller.
  2. The address of the website where the Store is available, as well as the contents of the www.sklep.enger.pl website, are copyright-protected and protected by copyright and intellectual property rights.
  3. All logos, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered marks and belong to the Seller, the manufacturer or the distributor of the Goods. It is forbidden to download, copy, modify, reproduce, transmit or distribute any content from www.sklep.enger.pl without the consent of the owner.

 

CHAPTER 10. FINAL PROVISIONS

  1. In matters not covered by the Regulations, the relevant provisions of generally applicable law shall apply in legal relations with Customers or Consumers.
  2. The court competent to settle the dispute between the Seller and the Customer shall be the court competent according to the Seller's registered office. A court competent to resolve a dispute between the Seller and the Consumer on the Seller's claim shall be a court with general jurisdiction (court of the Consumer's place of residence or stay) and on the Consumer's claim a court with general jurisdiction (court of the Seller's place of business) or another court more convenient for the Consumer (according to Article 31-37 of the Code of Civil Procedure).
  3. The court competent to settle the dispute between the Seller and the Customer shall be the court competent according to the Seller's registered office. The court competent to settle the dispute between the Seller and the Consumer will be the court competent according to the general principles (court of the defendant's place of residence) or another court more convenient for the Consumer (according to Articles 31 to 37 of the Code of Civil Procedure).

 

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