Online Store Terms and Conditions
Online Store Terms and Conditions
§ 1
Introductory provisions
1. Eveneum Online Store, available at www.eveneum.com, is run by Eveneum sp. z o.o., a company with the registered office in Młodziejowice, at ul. Słoneczny Stok 9, postal code 32-091, Michałowice (Poland); entered in the National Court Register by the District Court for Krakow Śródmieście in Krakow (Poland), 12th Commercial Division of the National Court Register, at entry no. KRS 0000469045, NIP (tax identification) no. 5130235359, REGON (National Official Business Register) no. 122894402.
2. These Terms and Conditions apply to Consumers and Entrepreneurs visiting the Online Store, and set out the rules for using the Online Store, and the rules and procedure for concluding remote Sales Agreements with Clients via the Online Store.
§ 2
Definitions
1. Consumer – a natural person entering into an agreement with the Seller within the Online Store, whereby the subject of the agreement is not directly related to their business or professional activities.
2. Seller – Eveneum sp. z o.o. sp.k., a company with the registered office in Młodziejowice, at ul. Słoneczny Stok 9, postal code 32-091, Michałowice (Poland); entered in the National Court Register by the District Court for Krakow Śródmieście in Krakow (Poland), 12th Commercial Division of the National Court Register, at entry no. KRS 0000469045, NIP (tax identification) no. 5130235359, REGON (National Official Business Register) no. 122894402.
3. Client – any entity making purchases via the Online Store.
4. Entrepreneur – a natural person, legal person or organisational unit without the status of legal person, granted legal capacity by a separate law and conducting business activity in its own name, using the Online Store.
5. Online Store – a web store run by the Seller at www.eveneum.com.
6. Remote Agreement – an agreement concluded with the Client as part of an organised system of concluding distance contracts (within the Online Store), without the simultaneous physical presence of the parties, and with the sole use of one or more means of distance communications until the conclusion of the Agreement.
7. Terms and Conditions – these terms and conditions applicable to the Online Store.
8. Order – Client’s declaration of intent submitted via the Order Form and aimed directly at concluding an Agreement for the Sale of Product(s) with the Seller.
9. Account– Client’s account in the Online Store, gathering data submitted by the Client and information about Orders placed by the Client in the Online Store.
10. Registration Form – a form available in the Online Store, necessary for creating an Account.
11. Order Form – an interactive form available in the Online Store, intended for placing Orders, specifically by adding Products to the Cart, and defining the terms of the Sales Agreement including the choice of delivery and payment options.
12. Cart – an element of the Online Store’s software showing Products selected by the Client for purchase, and offering a possibility to check and modify the Order data, especially the quantity of Products to be purchased.
13. Product – a movable item/service available in the Online Store which is the subject of the Sales Agreement between the Client and the Seller.
14. Sales Agreement– an agreement for the sale of a Product which is concluded between the Client and the Seller via the Online Store. Depending on the particular characteristics of the Product, the Sales Agreement may also refer to a contract for the provision of services and a contract for a specific work.
§ 3
Contact information
1. Seller’s address: ul. Słoneczny Stok 9, Młodziejowice, 32-091 Michałowice, Poland
2. Seller’s e-mail address: info@eveneum.com
3. Seller’s telephone number: +48 504 039 823
4. The Client may contact the Seller at the addresses and telephone numbers given above in this paragraph.
5. The Client may contact the Seller by telephone on business days between 9.00 am and 5 p.m.
§ 4
Technical requirements
1. To use the Online Store, including viewing the product range available in the Online Store and placing orders for Products, the following are needed:
a. a terminal device with Internet access and an installed web browser,
b. an active electronic mail (e-mail) account,
c. activation of cookies in the web browser.
§ 5
General information
1. To the fullest extent permitted by applicable laws, the Seller is not liable for any disruptions, including interruptions in the operation of the Online Store caused by force majeure, unauthorised actions by third parties or incompatibility of the Online Store with the Client’s technical infrastructure.
2. Viewing the product range available in the Online Store does not require creating an Account. The Client may place orders for Products available for purchase from the Online Store after creating an Account, as set out in § 6 of the Terms and Conditions, or without creating an Account, by providing necessary personal and address information, so that the Order can be executed.
3. The prices in the Online Store are given in Polish zloty (PLN), and shown on a net basis (excluding VAT).
4. The prices in the Online Store may be given in euro (EUR), and shown on a net basis (excluding VAT).
5. The final amount to be paid by the Client consists of the price charged for the Product and, if applicable, the cost of delivery (including transport, supply and postal services), of which the Client is informed on the Online Store web pages when placing the Order, including the time of declaring the intent to be bound by the Sales Agreement.
6. If the Agreement relates to a subscription service or to the provision of services for an indefinite period, the final price is the total price including all payments for the defined accounting period.
7. If the nature of the subject of the Agreement is such that the final price cannot reasonably be determined in advance, appropriate information on how the price will be calculated, and about the charges for transport, supply, postal services and other costs, will be provided in the Online Store in the Product description.
§ 6
Order placement
1. To place an Order, the Client should perform the following activities:
a. log on to the Online Store (optionally);
b. select a Product to be included in the Order and click the button “Add to Cart” (or equivalent);
c. log on or place the Order without registration;
d. if the option of placing the Order without registration is selected, complete the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (Product delivery option), and enter invoice data (if they are different from the recipient’s details);
e. click the button “Order and Pay” (or equivalent);
f. select one of the available payment options and, depending on the option chosen, pay for the Order within the specified payment period, subject to the provisions set out in § 8(3).
§ 7
Delivery and payment options
1. The following options are available for the delivery or collection of ordered Product(s):
a. Remote participation in online training via a technical solution indicated by the Seller
b. Personal collection from a location indicated in the Product description
2. The following forms of payment are accepted:
a. Bank transfer to the Seller’s bank account
b. Electronic payments
c. Payment by card
3. Detailed information on delivery options and acceptable forms of payment is available
on the Online Store web pages.
§ 8
Performance of the Sales Agreement
1. The Sales Agreement is concluded between the Client and the Seller after the Client has placed an Order in the Online Store using the Order Form, as set out in §7 of the Terms and Conditions.
2. After the Order is placed, the Seller immediately confirms its receipt and accepts the Order for execution. To confirm the Order and accept it for execution, the Seller sends an e-mail to the Client’s e-mail address submitted while placing the Order. The e-mail should, as a minimum, contain the Seller’s statement about receiving the Order and accepting it for execution, and confirmation of the conclusion of a Sales Agreement. The moment the Client receives the above-mentioned e-mail, a Sales Agreement is concluded between the Client and the Seller.
3. If the Client selects the option of paying by bank transfer, electronic payment or payment by card, the amount due must be paid within 7 calendar days from the date of conclusion of the Sales Agreement; otherwise the Order is cancelled.
4. If the Client selects a delivery option other than personal collection, the Seller will send the Product to the Client within the time limit indicated in the Product description.
5. The course of the delivery period of the Product to the Client is determined in the following manner:
a. If the Client selects bank transfer, electronic payment or payment by card as the payment option, the course of the delivery period commences on the date of crediting the Seller’s bank account.
b. If the Client selects cash on delivery as the payment option, the course of the delivery period commences on the day of conclusion of the Sales Agreement.
6. If the Client chooses to collect the Product personally, the Product will be ready for collection by the Client within the time limit specified in the Product description. The Client is additionally informed by the Seller that the Product is ready to be collected in an e-mail sent by the Seller to the Client’s e-mail address provided by the Client when placing the Order.
7. Product deliveries are available worldwide.
8. The delivery of the Product to the Client takes place against payment, unless the Sales Agreement provides otherwise. The Client is informed of the cost of Product delivery (including transport, supply and postal services) on the Online Store web pages when placing the Order, including the time of declaring the intent to be bound by the Sales Agreement.
§ 9
Right to withdraw from the Agreement
1. The Consumer may withdraw from the Sales Agreement no later than 60 days before the date of delivery of the Product, without giving a reason.
2. The course of the period set out in item 1 above, is determined on the basis of the performance of the purchased service to the Consumer or a person designated by the Consumer at the time of Order placement.
3. The Consumer may withdraw from the Agreement by submitting to the Seller an appropriate statement of withdrawal. To ensure compliance with the time limit for the withdrawal from the Agreement, it is sufficient for the Consumer to submit such a statement prior to the expiry of the time limit.
§ 10
Out-of-court complaint and redress procedures
1. Detailed information on the options available to the Consumer to use out-of-court complaint and redress procedures, as well as the provisions regulating access to these procedures, is available from the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and on the following web pages of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/spprawy_ind Individualne.php and http://www.uokik.gov.pl/wazne_adresy.php
2. The Consumer has access to a range of out-of-court complaint and redress procedures, some of which are described below.
a. The Consumer may refer the case to a permanent consumer arbitration court which is referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014, item 148, as amended), requesting resolution of the dispute arising from the Agreement with the Seller.
b. The Consumer may apply to the Provincial Inspector of Trade Inspection pursuant to Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014, item 148, as amended), requesting mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in the resolution of the dispute with the Seller – for example by applying for free-of-charge assistance to the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Polish Consumer Federation, Polish Consumers’ Association).
§ 11
Personal data in the Online Store
1. The controller of the Clients’ personal data collected via the Online Store is the Seller.
2. The Clients’ personal data are collected by the controller via the Online Store for the purpose of performance of the Sales Agreement and, if the Client’s consent is obtained, also for marketing purposes.
3. Potential recipients of personal data of the Clients of the Online Store are listed below.
a. If the Client selects postal or courier services as the delivery option, the controller provides the Client’s collected personal data to the selected carrier or contractor responsible for shipments upon the controller’ order.
b. If the Client selects electronic or card payment as the payment option, the controller provides the Client’s collected personal data to a selected entity responsible for handling the payments in the Online Store.
4. Clients have the right to access their personal data and correct them.
5. Providing personal data is voluntary, though failure to provide personal data which are indicated in the Terms and Conditions as necessary to conclude the Sales Agreement results in no possibility to conclude the agreement.
6. The Privacy Policy is available at: https://eveneum.com/en/privacy-policy/
7. The GDPR statement is available at: https://eveneum.com/en/gdpr-specific-information-and-clauses/
§ 12
Final provisions
1. Agreements concluded via the Online Store are concluded in the Polish language.
2. The Seller reserves the right to makes changes to the Terms and Conditions for important reasons including amendments to applicable laws, or changes to the payment and delivery options, to the extent that these changes affect the implementation of these Terms and Conditions. The Seller is obliged to inform the Client at least 7 days in advance of any such change.
3. Any matters not provided for in the Terms and Conditions shall be subject to the generally applicable provisions of the Polish law, and in particular the Civil Code, the Act on the Provision of Electronic Services, the Act on Consumer Rights, and the Act on Personal Data Protection.
4. The Client is entitled to use out-of-court complaint and redress procedures. To this end, the Client may submit a complaint via the European Online Dispute Resolution (ODR) platform available online at http://ec.europa.eu/consumers/odr/.
