TERMS AND CONDITIONS
§1 Introduction
- These Terms and Conditions define the general terms, rules, and manner of sales conducted by Equipolis (Małgorzata Gurbisz Consulting Service) based in Myślenice, via the online store https://shop24.equi-polis.com/pl/ (hereinafter referred to as the "Online Store").
§2 Definitions
- Seller / Personal Data Administrator – refers to Małgorzata Gurbisz conducting business under the company name Małgorzata Gurbisz Consulting Service, based in Myślenice, ul. Mostowa 33, 32-400 Myślenice, NIP: 6811989634, registered in the Central Register and Information on Economic Activity, who is also the owner of the Online Store.
- Customer – refers to an entity to whom, in accordance with the Terms and Conditions and applicable law, electronic services may be provided or with whom a Sales Agreement may be concluded.
- Delivery – refers to the act of delivering the Goods specified in the order to the Customer by the Seller via the Supplier.
- Supplier – refers to an entity cooperating with the Seller in the delivery of Goods.
- Consumer – refers to a natural person entering into a legal transaction with a business entity that is not directly related to their economic or professional activity.
- Entrepreneur – refers to a natural person, legal person, or organizational unit without legal personality, which is granted legal capacity by law, conducting business or professional activities in their own name and performing legal transactions directly related to their business or professional activity.
- Terms and Conditions – refers to these terms and conditions.
- Online Store Website – refers to the websites through which the Seller operates the Online Store, functioning under the domain https://shop24.equi-polis.com/pl/.
- Goods – refers to a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
- Sales Agreement – refers to a remote sales agreement concluded under the terms specified in the Terms and Conditions, between the Customer and the Seller.
§3 Conclusion of the Agreement
- The information provided on the Online Store Website does not constitute an offer by the Seller within the meaning of the Civil Code but rather an invitation for Customers to submit offers to conclude a Sales Agreement.
- A Customer placing an order via the Online Store Website completes the order by selecting the Goods they are interested in. After finalizing the selection of Goods and specifying the Delivery method and payment option, the Customer places the order by submitting the order form to the Seller. Before submitting the order, the Customer is informed about the total price of the selected Goods and Delivery, as well as any additional costs related to the Sales Agreement.
- By placing an order, the Customer submits a binding offer to conclude a purchase agreement for the requested Goods.
- The Seller confirms receipt of the Customer's order by sending an order confirmation. This confirmation represents the Seller’s acceptance of the offer and constitutes a declaration of agreement acceptance. Upon receipt of this confirmation by the Customer, the Sales Agreement is considered concluded.
§4 Payments
- The prices listed on the Online Store Website for each Good are net prices and do not include information regarding Delivery costs and any other charges the Customer may be required to pay under the Sales Agreement. The Customer will be informed about these costs when selecting the Delivery method and placing the order.
- The Customer may choose the following payment methods for ordered Goods:
a. Bank transfer to the Seller's bank account (in this case, order processing begins after the Seller sends the Customer an order confirmation and the payment is received in the Seller’s bank account).
b. Bank transfer to the Seller's bank account with personal pickup (in this case, order processing begins immediately after the Seller sends the Customer an order confirmation, and the Goods will be available for pickup at the Seller’s office after payment is received).
c. Cash on delivery, paid to the Supplier upon Delivery (in this case, order processing begins after the Seller sends the Customer an order confirmation).
- If the Customer fails to make the payment on time, the Seller will set an additional deadline for payment and notify the Customer. This notification will also inform the Customer that if the payment is not made within the extended period, the Seller will withdraw from the Sales Agreement. If the additional deadline expires without payment, the Seller will send the Customer a statement of withdrawal from the agreement based on Article 491 of the Civil Code.
§5 Delivery
- The Seller delivers Goods within the territory of the Republic of Poland.
- The Seller is obliged to deliver the Goods subject to the Sales Agreement without defects.
- Ordered Goods are delivered to the Customer via the Supplier to the address provided in the order form.
- On the day the Goods are shipped to the Customer (if personal pickup was not selected), an email confirmation of shipment is sent to the Customer.
- The Customer is required to inspect the delivered package in the manner and time customary for shipments of this type. In case of any shortages or damages, the Customer has the right to request the Supplier to prepare an appropriate report.
- The Customer has the option to personally pick up the ordered Goods. Pickup can be arranged by contacting the Seller in advance via email or phone.
§6 Warranty
- The Seller guarantees the delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect, the Customer may:
a. Submit a statement requesting a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has failed to fulfill the obligation to replace or repair the defective Goods. The Customer may instead request the replacement of the Goods with defect-free ones or request the removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the Seller’s proposed solution. When assessing the cost excessiveness, the value of defect-free Goods, the type and significance of the defect, as well as the inconvenience to the Customer, must be taken into account.
b. Request the replacement of the defective Goods with defect-free ones or request the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time and without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer is impossible or would involve excessive costs compared to an alternative solution. The cost of repair or replacement is covered by the Seller.
- The Customer exercising their rights under the warranty must return the defective Goods to the Seller’s address.
- The Seller is liable under the warranty if a physical defect is found within two years of delivering the Goods to the Customer. A claim for defect removal or replacement of the Goods expires after one year, but this period cannot end before the expiration of the two-year period mentioned above. During this period, the Customer may withdraw from the Sales Agreement or submit a request for a price reduction due to the defect. If the Customer requested a replacement or defect removal, the deadline for withdrawal from the Sales Agreement or price reduction starts upon the ineffective expiration of the period for replacing or repairing the Goods.
§7 Guarantee
- The Seller is an entrepreneur within the meaning of Article 43(1) of the Civil Code.
- Goods sold by the Seller may be covered by a warranty granted by the manufacturer or distributor of the Goods.
- In the case of Goods covered by a warranty, information regarding the existence and terms of the warranty is provided on the Online Store Website.
§8 Withdrawal from the Sales Agreement
- A Customer who is a Consumer and has concluded a Sales Agreement may withdraw from it within 14 days without providing a reason.
- The withdrawal period begins from the moment the Consumer takes possession of the Goods. The Consumer may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. This statement may be submitted, for example, in writing to the Seller's address or via email. The statement can be made using the form provided by the Seller in these Terms and Conditions. Sending the withdrawal statement before the deadline is sufficient to meet the deadline requirement.
- In the event of withdrawal from the Sales Agreement, the contract is considered null and void.
- If the Consumer submits a withdrawal statement before the Seller accepts their offer, the offer ceases to be binding.
- The Seller is obliged to promptly, and no later than within 14 days from receiving the Consumer's withdrawal statement, refund all payments made by the Consumer, including the cost of delivering the Goods to the Consumer. The Seller may withhold the refund until they receive the returned Goods or until the Consumer provides proof of returning the Goods, whichever occurs first.
- The Consumer is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal from the Sales Agreement. Sending the Goods before the deadline is sufficient to meet this requirement.
- In case of withdrawal from the agreement, the Buyer bears the cost of returning the Goods.
- The Consumer is responsible for any reduction in the value of the Goods resulting from use beyond what is necessary to determine the nature, characteristics, and functionality of the Goods.
- The Seller will refund the payment using the same payment method the Consumer used unless the Consumer explicitly agrees to a different refund method that does not involve any costs for them.
- The right to withdraw from the Sales Agreement does not apply to a Customer who is a Consumer in relation to agreements where the subject of the service is a non-prefabricated item manufactured according to the Consumer's specifications or customized to meet their individual needs. Once the production process of special-order Goods, made to an individual request or permanently modified for the Customer, has begun, modification of the order will not be possible.
§9 Personal Data Protection
- The administrator of personal data voluntarily provided by Customers to the Seller during Registration, when placing a one-time order, and as part of electronic services provided by the Seller or under other circumstances specified in the Terms and Conditions is the Seller.
- The Seller processes Customers' personal data to fulfill orders, provide electronic services, and for other purposes specified in the Terms and Conditions. Data is processed only based on legal regulations or the Customer’s consent in accordance with applicable laws.
- Customers provide their personal data to the Seller voluntarily; however, failure to provide certain data during the Registration process prevents Registration and the creation of a Customer Account, as well as the ability to place and process orders if an order is placed without Customer Account Registration.
- Any person who provides their personal data to the Seller has the right to access, correct, or request the deletion of their data, as well as, in cases provided by law, to request the cessation of data processing.
- If a person whose personal data is processed by the Seller believes that their data is being processed in violation of the law, they have the right to file a complaint with the supervisory authority, i.e., the President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw.
- The Seller ensures the possibility of deleting processed personal data, particularly in the case of deleting a Customer Account. The Seller may refuse to delete personal data if the Customer has outstanding obligations to the Seller or has violated applicable legal provisions, and retaining the personal data is necessary to clarify these circumstances and establish the Customer's liability.
- The Seller protects the personal data provided and makes every effort to secure it against unauthorized access or use by unauthorized persons.
- The Seller provides the Customer’s personal data to the Supplier to the extent necessary for Delivery execution.
§10 Final Provisions
- The Seller is liable for non-performance or improper performance of the contract, but in contracts concluded with Customers who are Entrepreneurs, the Seller is liable only for damages caused intentionally and only to the extent of actual losses incurred by the Entrepreneur.
- In the event of a dispute arising from a concluded Sales Agreement, the parties will seek to resolve the matter amicably. The governing law for resolving disputes arising from these Terms and Conditions is Polish law.
- The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller before the new Terms and Conditions come into effect will be executed based on the Terms and Conditions that were in force on the date of the Customer’s order. The amended Terms and Conditions come into force 7 days after publication on the Online Store Website.
§11 Contract Withdrawal Form
TEMPLATE FORM FOR WITHDRAWAL FROM THE CONTRACT
Recipient (Seller):
……………
……………
……………
I hereby inform you of my withdrawal from the contract concerning: ................
Order number: .....................................................................................................................
Date of contract conclusion: .....................................................................................................................
Consumer's name and surname: .....................................................................................................................
Consumer's address: .....................................................................................................................
I request a refund of the paid amount to the following bank account number: .........................................................
Date: .............................................................
Signature:
……………………………………………….