Terms and Conditions

Terms and conditions of the online store dated February 14, 2024.

Terms and conditions of the Europasaz.pl online store

specifying, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store, and consumer rights



TABLE OF
CONTENTS§ 1
Definitions§ 2 Contact with the
Seller§ 3 Technical
requirements§ 4 Purchases in the
Store§ 5 Payments§
6 Order
fulfillment§ 7 Right to withdraw from the
contract§ 8 Exceptions to the right to withdraw from the
contract§ 9
Complaints§ 10 Personal
data§ 11 Reservations
Appendix 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, except for public holidays in Poland.
Consumer – a Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without a direct connection to their business or professional activity.
Account – a digital service governed by separate terms and conditions within the meaning of the Consumer Rights Act, thanks to which the Buyer can use additional functions in the Store free of charge.
Buyer – any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged entrepreneur – a Buyer who is a natural person, concluding or intending to conclude a contract with the Seller on the basis of the Terms and Conditions, directly related to their business activity, but not of a professional nature.
Terms and Conditions – these terms and conditions.
Store – the Europasaz.pl online store operated by the Seller at https://europasaz.pl.pl/.
Seller – ANDRZEJ BEKIESZ, an entrepreneur conducting business activity under the name EUROPASAŻ ANDRZEJ BEKIESZ, entered in the Central Register and Information on Economic Activity kept by the minister responsible for the economy and keeping the Central Register and Information on Economic Activity, NIP 9291524964, REGON 081187248, ul. Franciszka Rzeźniczaka 33A/8, 65-119 Zielona Góra.
Digital content - data produced and delivered in digital form.
Consumer Rights Act - Polish Act of May 30, 2014 on consumer rights.
Entrepreneur with consumer rights – A customer who is a natural person concluding a sales contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that entrepreneur – resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Franciszka Rzeźniczaka 33A/8, 65-119 Zielona Góra
  2. Email address: biuro@europasaz.pl The cost of telephone calls or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the telecommunications operator or Internet service provider whose services are used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, the following is required:
    • a device with Internet access
    • a web browser that supports JavaScript and cookies.
  2. In order 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 products displayed in the Store are the total prices for the product.
  2. The product selected for purchase should be added to the shopping cart in the Store.
  3. The Buyer then selects the payment method for the order from among the options available in the Store and provides the data necessary to complete the order.
  4. The order is placed when its content is confirmed and the Buyer accepts the Terms and Conditions.
  5. Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
  6. The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their details with each order.

§ 5 PAYMENTS

  1. The following payment methods are available in the Store:
    1. regular transfer to the Seller's bank account;
    2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. via the payment platform:
      • PayPal
      • TPay.com
      • Firstdata.pl
      • Cinkciarz.pl
  2. If the Buyer chooses to pay in advance, the order must be paid for within 7 business days of placing the order.
  3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

  1. The order fulfillment date is indicated in the Store.
  2. If the Buyer has chosen to pay for the order in advance, the Seller will proceed with the order after it has been paid for.
  3. If the Buyer has purchased products with different delivery times within a single order, the order will be fulfilled within the time frame applicable to the product with the longest delivery time.
  4. Products purchased in the Store are delivered electronically, using the email address provided by the Buyer when placing the order.

§ 7 RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The privileged Buyer 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 date of conclusion of the contract for the delivery of Digital Content.
  3. In order for the Privileged Buyer to exercise their right to withdraw from the contract, they must inform the Seller, using the 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 email).
  4. The Privileged Buyer may use the model withdrawal form provided at the end of the Terms and Conditions, but this is not mandatory.
  5. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Privileged Buyer to send information regarding the exercise of their right to withdraw from the contract before the deadline for withdrawal from the contract.

  6. The Buyer (Consumer and Entrepreneur with Consumer Rights) has the right to withdraw from the contract in writing without giving any reason within 14 (fourteen) days from the date of conclusion of the contract, pursuant to the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).

    In the event of written withdrawal from the contract, the Customer is obliged to return the goods within 14 (fourteen) days.

  7. The right referred to above also applies to a natural person – Entrepreneurs with consumer rights, concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

  8. If the right to a 14-day withdrawal period is exercised, the cost of returning the goods shall be borne by the seller.

EFFECTS OF WITHDRAWAL FROM THE AGREEMENT

  1. In the event of withdrawal from the contract, the Seller shall return to the Privileged Buyer all payments received from them immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Privileged Buyer's decision to exercise their right to withdraw from the contract.
  2. The Seller shall refund the payment using the same means of payment as those used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution, in which case the Privileged Buyer shall not incur any fees in connection with such refund.
  3. If it is necessary to refund the funds for a transaction made by the Privileged Buyer with a payment card, the Seller shall make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The right to withdraw from a distance contract referred to in § 7 of the Terms and Conditions does not apply to a contract for the delivery of Digital Content for which the Privileged Buyer is obliged to pay the price if all of the following conditions are met:
    • The Seller has commenced performance with the express and prior consent of the Privileged Buyer;
    • The Privileged Buyer was informed before the commencement of the provision of services that once the Seller has fulfilled its obligations, the Privileged Buyer will lose the right to withdraw from the contract, and the Privileged Buyer has acknowledged this;
    • The Seller has provided the Preferred Buyer with a lawful confirmation of the conclusion of the distance contract, including information about the above consent, on a durable medium within a reasonable time after the conclusion of the contract, at the latest before the commencement of the service.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. Europasaż Andrzej Bekiesz is liable to the Consumer and the Entrepreneur with consumer rights for the lack of conformity of the Goods with the sales contract existing at the time of delivery and revealed within two years from the date of delivery or expiry of the minimum shelf life of the Goods.
  2. Europasaż Andrzej Bekiesz is liable to the Consumer and the Entrepreneur with consumer rights in this respect on the terms specified in the provisions of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2022, item 2337).
  3. The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  4. If a warranty has been granted for a product, information about it and its terms and conditions is available in the Store.
  5. Goods sold on this website are covered by the manufacturer's warranty.
  6. The Seller will respond to complaints within 14 days of receipt.

II PRIVILEGED BUYERS

  1. Digital content
    1. In the event of improper performance by the Seller of the contract for the delivery of Digital Content, the Privileged Buyer may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
    2. If the Seller has not delivered the Digital Content, the Privileged Buyer may request that it be delivered. If, despite this, the Seller does not deliver the Digital Content immediately or within an additional period clearly agreed between the Privileged Buyer and the Seller, the Privileged Buyer may withdraw from the contract.
    3. The preferred buyer may withdraw from the contract without requesting delivery of the Digital Content if:
      • it is clear from the Seller's statement or from the circumstances that it will not deliver the Digital Content, or
      • the Preferred Buyer and the Seller have agreed, or it is clear from the circumstances of the contract, that a specific delivery date for the Digital Content was of particular importance to the Preferred Buyer, and the Seller has not delivered it by that date.
    4. The Seller shall be liable for any lack of conformity of the Digital Content with the contract which existed at the time of delivery and became apparent within two years of that time.
    5. If the Digital Content is not in conformity with the contract, the Privileged Buyer may request that it be brought into conformity with the contract.
    6. In the event of non-compliance of the Digital Content with the contract, the Privileged Buyer is obliged to cooperate with the Seller, to a reasonable extent and using the least burdensome technical means, in order to determine whether the non-compliance of the Digital Content with the contract in a timely manner results from the characteristics of the Privileged Buyer's digital environment.
    7. In addition, if the Digital Content is not in conformity with the contract, the Preferred Buyer may submit a statement requesting:
      1. a price reduction,
      2. withdrawal from the contract,
      when:
      • bringing the Digital Content into conformity with the contract is impossible or would involve excessive costs in accordance with Article 43m(2) and (3) of the Consumer Rights Act;
      • the Seller has not brought the Digital Content into conformity with the contract within a reasonable time from the moment the Seller was informed by the Privileged Buyer of the lack of conformity with the contract, and without undue inconvenience to the Privileged Buyer, taking into account their nature and the purpose for which they are used;
      • the lack of conformity of the Digital Content with the contract persists despite the Seller's attempts to bring the Digital Content into conformity with the contract;
      • the lack of conformity of the Digital Content with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first resorting to the remedy specified in Article 43m of the Consumer Rights Act (i.e., requesting that the Digital Content be brought into conformity with the contract);
      • it is clear from the Seller's statement or circumstances that it will not bring the Digital Content into conformity with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
    8. The privileged Buyer may not withdraw from the contract on the basis of the previous provision if the Digital Content is provided in exchange for payment of the price and the lack of conformity of the Digital Content with the contract is insignificant.
    9. The Seller is obliged to refund the Privileged Buyer the price due as a result of exercising the right to withdraw from the contract referred to in this section (concerning Digital Content), or a price reduction, immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's statement of withdrawal from the contract or price reduction.
    10. The Seller shall refund the price using the same method of payment as used by the Privileged Buyer, unless the Privileged Buyer has expressly agreed to a different method of refund which does not involve any costs for them.
  2. Out-of-court methods of handling complaints and pursuing claims
    1. The Seller informs the Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to deal with disputes out of court. The Consumer may use, among others:
      • assistance from the relevant European Consumer Centre from the European Consumer Centres Network. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of European Consumer Centers is generally free of charge. A list of Consumer Centers competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
      • the ODR (Online Dispute Resolution) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      In addition, the following forms of support are available in the Republic of Poland:
      • mediation conducted by the competent Provincial Trade Inspection Authority, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • assistance from the competent local permanent consumer arbitration court operating at the Provincial Trade Inspection Authority, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
    2. The above provision is for information purposes only and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution methods.
    3. The use of out-of-court methods of complaint handling and redress is voluntary for both the Seller and the Consumer.
    4. The Consumer may additionally seek free assistance from the municipal or district consumer ombudsman.

§ 10 PERSONAL DATA

  1. The Seller is the administrator of personal data provided by the Buyer when using the Store. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of the Seller's processing of the Buyer's data, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for the processing of personal data in this case is:
    • a contract or actions taken at the Buyer's request, aimed at concluding it (Article 6(1)(b) of the GDPR),
    • the Seller's legal obligation related to accounting (Article 6(1)(c) of the GDPR), and
    • the Seller's legitimate interest in processing data for the purpose of establishing, pursuing, or defending any claims (Article 6(1)(f) of the GDPR).
  3. The provision of data by the Buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract between the Buyer and the Seller expires;
    2. the Seller is no longer under a legal obligation to process the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store ceases to exist;
    4. the Buyer's objection to the processing of their personal data is accepted – if the basis for data processing was the Seller's legitimate interest
    – depending on what applies in a given case.
  5. The Buyer has the right to request:
    1. access to their personal data,
    2. its rectification,
    3. deletion,
    4. restriction of processing,
    5. transfer of data to another controller, as well
      as the right to:
    6. to object at any time to the processing of data for reasons related to the Buyer's particular situation – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Seller).
  6. In order to exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
  7. If the Buyer considers that their data is being processed unlawfully, they may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESTRICTIONS

  1. It is prohibited for the Buyer to provide illegal content.
  2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the duration and for the purpose of fulfilling the order.
  3. All contracts concluded on the basis of these Terms and Conditions are subject to Polish law, subject to paragraph 4.
  4. The choice of Polish law for contracts concluded with the Consumer on the basis of the Terms and Conditions does not waive or limit the rights of that Buyer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.
  5. Contracts concluded on the basis of the Terms and Conditions are concluded in Polish.
  6. In the event of a dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court shall be the court competent for the Seller's registered office.

Appendix 1 to the Terms and Conditions

Below is a model withdrawal form, which the Consumer or Privileged Entrepreneur may, but is not required to, use. The model withdrawal form is consistent with the model contained in Appendix 2 to the Act of May 30, 2014, on consumer rights:

CONTRACT WITHDRAWAL
FORM TEMPLATE (this form should be completed and returned only if you wish to withdraw from the contract)

EUROPASAŻ ANDRZEJ BEKIESZ
ul. Franciszka Rzeźniczaka 33A/8, 65-119 Zielona Góra e-mail
address: biuro@europasaz.pl

- I/We(*) ..................................................................... hereby inform(*) you of my/our withdrawal from the contract for the sale of the following goods(*) / for the provision of the following service(*) / for the delivery of digital content in the form of(*):

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

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

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

- Date of conclusion of the contract(*)/receipt(*)

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

- Name and surname of the privileged Consumer(s)/Entrepreneur(s):

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

- Address of the Consumer(s)/Entrepreneur(s) with preferential treatment:

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

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

.............................................................................................
Signature of the consumer(s)/business(es) entitled to preferential
treatment (only if the form is sent in paper form)

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

(*) Delete as appropriate.