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Terms and conditions of use

TERMS AND CONDITIONS OF Elcartel.PL ONLINE STORE

NOTE !

 

From 01.01.2020 invoices for business entities will be issued on the day of sale and this fact should be reported to the Seller before the purchase. It will not be possible to issue an invoice to the receipt.

 

I. GENERAL PROVISIONS

II. ORDERS

III. SHIPPING AND DELIVERY COSTS

IV. PAYMENTS

V. RIGHT OF WITHDRAWAL

VI. COMPLAINTS

VII. PROTECTION OF PERSONAL DATA

VIII. COPYRIGHTS

IX. NEWSLETTER

X. DISCLAIMERS AND FINAL PROVISIONS

XI. CONDITIONS FOR USING DISCOUNT COUPONS

XII. RECYCLING

 

I. GENERAL PROVISIONS

These terms and conditions define the rules for placing orders and selling goods offered by the elcartel.pl online store, as well as the rights and obligations of the parties resulting from entering into a contract by electronic means. When placing an order, the BUYER is obliged to confirm that they have read these rules by checking the box titled "Acceptance of rules".

2nd The store operator is Tomasz Pacholczyk, running the business activity under the name ACTIV Tomasz Pacholczyk, with the registered seat in Wrocław at 8B Graniczna Street, building DC2A, 54-610 Wrocław, on the basis of the entry in the Central Register of Registration and Information on Business

Activity, NIP 898-109-91-94, REGON 931088416 hereinafter referred to as the SELLER. Other contact details: e-mail: biuro@activeshop.pl, phone: 71 725 41 71. 3.

  1. the BUYER may be persons or organizational units with full capacity to perform acts in law within the meaning of the Civil Code.

4) The SELLER shall render electronic services related to placing orders on-line for the offered goods and their processing as well as the newsletter service.

(5) Orders in the online store may be placed via the website or by telephone

 

6th The technical requirements necessary to use the services provided by the BUYER are:

 

(a) access to the Internet.

  1. b) Internet browser
  2. c) monitor with a resolution of at least 1024x768 pixels. 7.
  3. the BUYER shall prohibit the provision of unlawful content to the SELLER.
  4. the offer of elcartel.pl online store is valid only within the territory of the Republic of Poland.

 

II. ORDERS

1) Orders for the offered goods are accepted on the store's website by the BUYER filling in the order form.

(2) In the order form the BUYER shall, in each case, enter the following data:

First and last name

Address of residence

Correspondence address

Electronic mail address

Telephone number

The BUYER may register with the store using the relevant link "Register" located on the store's website, which allows you to log in and place orders without having to fill out each time the order form referred to in section 1. 1.

 

4th Orders can be placed 24 hours a day, 7 days a week via the Internet or by phone on weekdays from 8.00 to 17.00.

5th The processing of orders for which during placing the order the following payment options were selected: transfer or PayU - electronic payments takes place after crediting the SELLER's bank account with the amount due for the ordered goods.

6) After placing an order, the BUYER shall receive, at its e-mail address provided in the order, information on receipt of the order, in which the SELLER shall inform the BUYER about the amount due for the goods, shipping costs as well as the bank account number to which the amounts due shall be paid by the BUYER.

(7) The contract between the BUYER and the SELLER shall be deemed to have been effectively concluded upon the receipt of a confirmation of order acceptance sent by the SELLER to the e-mail address provided by the BUYER.

8th Commercial information, price lists, descriptions of goods placed on the website of the store do not constitute an offer within the meaning of Art. 66 of the Civil Code, but are an invitation to conclude an agreement.

9th The conditions of non-typical orders are each time determined individually with the BUYER.

10.The BUYER agrees for an electronic invoice to be sent to the e-mail address specified when placing an order. Placing an order shall be tantamount to a request for issuance of an invoice as a document confirming the purchase.

11.The SELLER shall deliver goods without defects.

III. SHIPMENT AND DELIVERY COSTS

(1) Goods are dispatched within 48 hours after the amounts due are credited to the SELLER's bank account (concerns payment options: bank transfer or PayU - electronic payments). In the case of selection of payment on delivery, shipment is carried out within 48 hours after placing the order.

The shipping costs are covered by the BUYER. 3.

Third Ordered goods are delivered via courier company "DPD" and "DHL". to the address specified in the order form.

4th Time of delivery is 3 working days from the date of transfer of the consignment to the supplier.

Each time the shipping costs buyer is informed clearly and explicitly before placing an order

  1. the BUYER shall have the possibility to collect the purchased goods in person at the registered office of the company upon prior appointment with the SELLER. In order to collect the order in person, the BUYER shall select the option: personal collection on the order form. Personal collection of the goods at the registered office of the company is free of charge. 6.

6th Goods shall be delivered only on working days and within the territory of the Republic of Poland.

7) It is recommended that the BUYER, in the event of discovering any damage, lack of quantity or incompleteness of the goods which may be connected with the delivery - in order to facilitate the complaint procedure - should report this fact to the SELLER within 24 hours from the date of receipt of the goods, via e-mail to biuro@163.com.pl and within 7 days directly to a courier company chosen by the BUYER.

 

  1. In the case of the BUYER which is not a consumer or which is not a natural person and which concludes a contract directly connected with its business activity if the content of such contract indicates that it is not of professional nature for that person, in particular, resulting from the subject matter of its business activity, If the BUYER fails to report any damage, lack of quantity or incompleteness of the goods related to their delivery within 7 days from the date of delivery of the goods to the address specified by the BUYER, it shall be deemed that the BUYER's statement that the goods were collected without any objections is equivalent to the BUYER's statement that the goods were collected without any objections, and the BUYER shall lose its claims in the above scope. 9.

 

(9) The SELLER declares that it makes every effort to ensure that the costs of delivery specified on the order page in the online store correspond to the actual costs, although due to the diversity of the assortment, the quantity of ordered goods, characteristics and dimensions of certain goods, the actual costs of delivery may differ from the amount of such costs specified on the order page. Therefore, the SELLER undertakes to inform the BUYER immediately about the actual costs of delivery, before the conclusion of the contract. In such a situation, the order shall be processed after the BUYER's acceptance of actual costs of delivery.

 

IV. PAYMENTS

Prices of goods presented on the website are given in euros and include VAT tax. These prices do not include shipping costs.
The price binding for the parties to the transaction shall be the price binding at the moment of placing an order by the BUYER.
The forms of payment accepted by the SELLER are:
a) PayPal - online payment
b) the following payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
The entity which provides payment card services is Blue Media S.A.
In case there is a need to refund the funds for the transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the customer's payment card.
The form of payment when placing an order is decided by the BUYER.
The details of the SELLER and the account number for making the transfer for the ordered goods will be sent to the BUYER each time after successful completion of the transaction in the elcartel.pl store

V. RIGHT OF WITHDRAWAL FROM THE CONTRACT

The BUYER may withdraw from the contract without giving any reason within 14 days from the date of receipt of goods by the BUYER or a third party indicated by the BUYER, other than the carrier. If the BUYER, within one order, purchased multiple items that were delivered separately, in parts or in parts, the period for withdrawal from the contract shall run from the date of receipt of the last item, batch or part. After the expiry of the indicated period, the BUYER loses its right to withdraw from the contract. 2.

 

(2) The BUYER shall not have the right to withdraw from the contract in cases specified in Article 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827), among others. in relation to contracts in which the subject matter is a non-prefabricated item, produced according to the consumer's specification or used to meet his individual needs; in which the subject matter is an item that is subject to rapid deterioration or has a short shelf life; in which the subject matter is an item delivered in sealed packaging that cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging has been opened after delivery; in which the subject matter is an item that after delivery, due to its nature, is inseparably connected with other items.

 

(3) In order to withdraw from the contract, the BUYER should send to the SELLER a written declaration of withdrawal, e.g. in the form of a completed form of withdrawal from the contract (form of withdrawal from the contract) or the form constituting Attachment No. 2 to the Act of 30.05.2014 on consumer rights (Journal of Laws of 2014, item 827). The date of the postmark shall determine the observance of the deadline for withdrawal. SELLER's address to which the statement of withdrawal and return of goods should be sent: ACTIV Tomasz Pacholczyk, ul. Graniczna 8B, building DC2A, 54-610 Wrocław.

 

The BUYER shall return the goods immediately, not later than within 14 days from the date of withdrawal from the contract. Returned goods should be complete and may not bear any traces of use. The costs of returning the goods shall be borne by the BUYER. If the item cannot be sent in the ordinary way by post, the BUYER shall bear the costs associated with the selected method of return. 5.

 

In the event of the BUYER's withdrawal from the contract, the SELLER shall return all payments received from the BUYER, including the costs of delivery of the item, except for the additional costs resulting from the manner of delivery of the item selected by the BUYER other than the cheapest ordinary manner of delivery offered by the SELLER. The amount paid shall be returned within 14 days from the date of receipt of the returned goods or delivery by the BUYER of the evidence of return of the goods, whichever occurs first. 6.

 

(6) The money shall be returned by bank transfer to the account from which payment was made on-line or to the account specified by the BUYER in the form of withdrawal from the contract.

 

7.The provisions of this Chapter shall not apply to the BUYER who is neither a consumer nor a natural person concluding a contract directly related to its business activities if the content of such a contract indicates that it is not of professional nature for the BUYER, in particular, resulting from the subject matter of its business activities made available on the basis of the provisions of the Central Register and Information on Business Activities.

 

VI. COMPLAINTS

(1) The SELLER shall be responsible towards the BUYER for defects of goods pursuant to the provisions of the Civil Code.

 

(2) Goods subject to complaint shall be returned to the address of the SELLER with a description of the defect and the circumstances of its disclosure as well as the BUYER's request.

 

The BUYER may request the replacement of an item with a defect-free item or the removal of a defect. If a sold item has a defect, the BUYER may also make a declaration on price reduction or withdraw from the contract unless the SELLER promptly replaces the defective item with one free from defects or removes the defect. The BUYER may not withdraw from the contract if the defect is insignificant. 4.

 

The cost of sending back the goods which have been complained about shall be borne by the SELLER if the complaint is accepted. The manner of sending back the goods complained about shall be determined by the SELLER.

 

(5) The complaint shall be considered within 14 days from the date of its receipt by the SELLER. In the event of rejecting the complaint, the goods shall be returned to the BUYER together with the opinion that the complaint is unjustified.

 

  1. the SELLER shall not be liable under warranty towards the BUYERS who are not consumers. The SELLER shall provide a warranty to such entities pursuant to the provisions specified in the warranty card.

 

7.In the event of sale of used items, the SELLER's liability towards the BUYER who is a consumer and towards the natural person concluding a contract directly connected with its business activity if it results from the contents of such contract that it is not of professional nature for the BUYER, in particular, from the subject matter of its business activity made available pursuant to the provisions on Central Registration and Information on Business Activity, shall be limited to 1 year from the date of release of goods to the BUYER.

 

VII. PERSONAL DATA PROTECTION

 

The administrator of personal data is the Seller, whose registration and contact details are indicated in point I.1. of the Terms and Conditions.

Personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as GDPR) and other generally applicable regulations.

Data obtained by the Administrator in the course of placing an order and concluding a sales agreement or concluding a newsletter subscription agreement are processed in connection with (purposes of processing)

 

the need to perform the agreements concluded by you with the Administrator, as well as actions taken prior to the conclusion of the said agreements at your request (Article 6(1)(b) GDPR),

the need to fulfil a legal obligation to which the Administrator is subject (Article 6(1)(c) of the DPA),

your consent to the processing of your personal data for marketing purposes in connection with the sending of commercial information in the form of a newsletter (Article 6(1)(a) GDPR).

 

 

The Buyer's personal data may be processed in connection with the legitimate interest of the Administrator, for the purpose of marketing its own products and services, as well as securing and pursuing claims (Article 6(1)(f) GDPR).

 

Providing personal data is voluntary, however, it is required to place an order, conclude a sales agreement and its performance. Providing personal data to subscribe to the newsletter is also voluntary, but necessary for the proper dispatch of the newsletter.

 

Administrator declares that Buyer's personal data may be transferred, depending on the chosen method of delivery of the order and method of payment, to the chosen carrier or agent carrying out the shipment on behalf of the Administrator for the purpose of delivery, as well as to the entity handling electronic payments or payment card payments, financial institutions providing credit for the purchase of goods or leasing, entities providing hosting/server services and IT entities maintaining the online store, entities providing legal and debt recovery services and the entity sending SMS messages about the status of the order.

 

The Buyer's personal data is stored for the period necessary to: (1) securing or pursuing possible claims under the contract, (2) after-sales service for the Buyer (processing complaints), (3) fulfilling the legal obligation imposed on the Administrator (resulting, for example, from accounting and tax regulations). Personal data processed for marketing purposes (e.g. newsletter) and other purposes than those mentioned above will be processed until the previously given consent to their processing for these purposes is withdrawn, until an objection is raised or the newsletter is unsubscribed.

 

The Buyer or the newsletter subscriber has the right to demand from the Administrator access to his personal data, their rectification, erasure or restriction of processing, the right to object to their processing and the right to their transfer. The Buyer or Subscriber also has the right to lodge a complaint to the supervisory authority.

 

In the event that the Administrator plans to further process the personal data for a purpose other than the purpose for which the personal data were collected, the Administrator shall inform the Buyer or Subscriber about this other purpose and provide any other relevant information before such further processing.

VIII. COPYRIGHTS

 

 

 

(1) The contents of the SELLER's websites listed in I section 1 are protected by copyright and may not be modified, reproduced, distributed or published pursuant to the "Act on Copyright and Related Rights of 4 February 1994" unless the SELLER consents to it in writing.

 

The names of companies, their trademarks and logos placed on the store's website belong to their respective owners and are used for informational purposes only.

 

 

IX. NEWSLETTER

 

With the consent of the Subscriber, the SELLER may send to his/her address free of charge an electronic newsletter (so-called newsletter).

The purpose of sending the newsletter is to provide the Subscribers with information about promotions, new products and trainings organized by the SELLER, including marketing information connected with the business activity conducted by the SELLER.

The subscription to the newsletter can be made on the website of the store by entering the email address of the Subscriber.

The subscriber may at any time change the address to which the newsletter is to be sent or cancel its subscription by clicking on the "unsubscribe" link contained therein or by sending the cancellation or information on the change of the address to the following address: biuro@activeshop.pl.

The initiation of the subscription to the newsletter shall be tantamount to the acceptance of these Terms and Conditions and consent to the processing of personal data pursuant to the provisions of the GDPR for the purpose of proper transmission of the newsletter.

The SELLER reserves the right to cease sending the newsletter after prior notification to the user, without giving any reason.

 

X. DISCLAIMERS AND FINAL PROVISIONS

 

The present Regulations of the elcartel.pl online store are available to the public on the elcartel.pl website and the BUYER may save them in the memory of their computer or print them out.

 

(2) In any matters related to the processing of the order, the BUYER may contact the SELLER via electronic mail to the address: biuro@activeshop.pl or by telephone at 71 725 41 71.

(3) In matters not provided for in the present Regulations, the provisions of generally applicable law shall apply, including in particular the provisions of the Act of 23 April 1964 Civil Code (Journal of Laws 1964, No. 16, item 93 as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827).

(4) The law applicable to the contract of sale is Polish law. The present Regulations constitute an integral part of the contract of sale concluded by the BUYER and the SELLER. The contents of the present Bylaws shall be binding for the parties in accordance with their wording at the moment of placing the order by the BUYER.

5.Any disputes arising from the performance of the contract of sale shall be settled by the court having jurisdiction over the registered office of the SELLER. The present provision shall not apply to a contract concluded with the BUYER who is a consumer or a natural person concluding a contract directly related to its business activity if it follows from the contents of such contract that it is not of professional nature for the BUYER, in particular, from the subject matter of its business activity made available pursuant to the provisions of the Central Register and Information on Business Activity.

(6) The BUYER who is a consumer shall have the possibility to make use of out-of-court complaint handling and claim investigation procedures. Detailed information on the possibility to use out-of-court complaint handling and claim investigation procedures and the rules of access to these procedures are available at the registered offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Commercial Inspection and at the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).

 

XI CONDITIONS FOR USING DISCOUNT COUPONS AND PROMOTIONS

Discount coupons are not combinable with promoted products. If a non-promoted product and a promoted product are added to the cart, the former will be discounted.

Second Discount coupons do not include shipping costs.

Third Discount coupons are disposable, except for coupons, which have information about multiple use, intended for retail customers, unless otherwise specified.

(4) The validity of discount codes is stated with the coupon. If the expiration date is not specified on the coupon, it is not longer than 30 days except for coupons specified in item 5.

  1. special coupons : PROMO2015 -10% off retail price - valid until 30.11.2015, SYIS15 -10% off retail price - valid until 31.12.2016, W10 - valid until 30.04.2017, D10 - valid until 30.04.2017, MC10 - valid until 31.10.2016, B10 - valid until 30.04.2017, MP10 - valid until 30.04.2017
  2. the "Free Delivery" offer includes orders placed and fulfilled until 28.02.2017 at the latest. it is addressed to retail and office customers. The minimum order amount is 100 PLN gross. If the minimum order amount is not reached, transport costs will be charged according to the valid price list. ACTIV company reserves the right to end the offer before the indicated date without giving any reason. 7.
  3. "Black Friday" offer includes orders placed from 8.30 a.m. on 24.11.2017 to 11.59 p.m. on 26.11.2017.Directed to retail customers. Does not combine with products in the promotion. Discount value 13% off the regular price.
  4. promotional offer "Boss's Birthday" includes orders placed from 9.00 a.m. on 23.08.2018 to 11.59 p.m. on 26.08.2018. The order must be fulfilled no later than 31.08.2018. does not combine with products in the promotion. Discount value 13% off the regular price. After 31.08.2018 orders not fulfilled will be cancelled.
  5. "Free September Delivery" offer includes orders placed until 30.09.2018 and fulfilled by 03.10.2018 at the latest. addressed to retail and office customers. The minimum order amount is 100 PLN gross. If the minimum amount is not reached, transport costs will be charged according to the current price list. ACTIV Company reserves the right to end the offer before the indicated date without giving any reason.

10th "Boss's Birthday" promotional offer includes orders placed from 8.15 a.m. on 23.08.2019 to 11.59 p.m. on 25.08.2019. The order must be fulfilled by 30.08.2019 at the latest. Discount value 13% off the regular price. After 30.08.2019 orders not fulfilled will be cancelled.

 

XII. RECYCLING

"In accordance with the Act of 23.10.2015 on waste electrical and electronic equipment (Journal of Laws 2015, item 1688):

 

  1. the SELLER shall be obliged to take back used equipment from households at the point of sale free of charge, provided that the used equipment is of the same type and performed the same functions as the sold equipment (the cost of delivering used equipment to the SELLER's facility shall be borne by the BUYER),

 

(2) the SELLER, delivering the equipment intended for households to the BUYER, shall be obliged to collect used equipment coming from households free of charge at the point of delivery of such equipment if the used equipment is of the same type and has fulfilled the same functions as the delivered equipment.".