Regulations of the E-PACK online store
§ 1 Preliminary provisions
- The E-PACK online store, available at the www.epack.com.pl’s internet address, is run by E PACK sp. z o.o. entered into the National Court Register (KRS), under the following numbers: 0000317723, NIP 5213509859, REGON 141637432
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
§ 2 Definitions
- Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to his business or professional activity.
- Seller – E PACK sp. z o.o. entered intothe National Court Register (KRS), under the number: 0000317723, NIP 5213509859, REGON 141637432
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing on its own behalf a business activity that uses the Store.
- Store – an online store run by the Seller at the Internet address: www.epack.com.pl
- Distance contract – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Regulations – these regulations of the Store.
- Order – the Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
- Account – the customer’s account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
- Registration form – a form available in the Store, allowing you to create an Account.
- Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Basket – an element of the Store’s software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the number of products.
- Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood as – applying to the characteristics of the Product – a contract for the provision of services and a contract for specific work.
§ 3 Contact with the Store
- Seller’s address: Ul. Połczyńska 122, 01-304 Warsaw
- Seller’s e-mail address: email@example.com
- Seller’s phone number: 883 903 283
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may communicate by phone with the Seller on working days between 9 a.m. and 5 p.m.
§ 4 General information
- The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
- Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the implementation of the Order without creating an Account.
- The prices given in the Store are given in Polish zlotys and are net and gross prices (including VAT).
§ 5 Performance of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending by
The Seller to the Customer an appropriate e-mail message to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statements on the receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
- If chosen by the Customer:
- payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within …. calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
- payment on delivery on delivery, the Customer is obliged to make the payment on delivery.
- payment in cash on personal collection of the shipment, the Customer is obliged to make the payment on delivery within …. days from the date of receipt of the information about the readiness of the consignment for collection.
- If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time limit indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
- In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
- The beginning of the period of delivery of the Product to the Customer is counted as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
- If the Customer chooses the method of payment on delivery – from the date of conclusion of the Sales Agreement.
- The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
- If the Customer chooses the method of payment in cash on delivery on delivery – from the date of conclusion of the Sales Agreement.
- Delivery of the Product takes place only in the Polish.
§ 6 Right of withdrawal
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
- In the case of an Agreement that covers multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch or part.
- The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
- The statement may be sent by traditional mail or by e-mail by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Annex 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
- Consequences of withdrawal from the Agreement:
- In the event of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not to have been concluded.
- In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the item, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
- The Seller will refund the payment to the bank account number provided in the refund form.
- The seller will makea refund at payment upon receipt at the product back.
- The Consumer should send the Product back to the Seller’s address provided in § 3of these Regulationsimmediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
- Returns of goods sent back by the buyer on delivery will not be collected.
- The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if due to its nature the Product could not be sent back by post in the usual way.
- The Consumer is responsible for the decrease in the value of the Product resulting from using it in a manner other than it was necessary to determine the nature, characteristics and functioning of the Product.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygienic reasons, if the packaging was opened after delivery,
- in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
- in which the subject of the service are things that, after delivery, due to their nature, are inseparably connected with other things,
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which can take place only after 30 days and whose value depends on fluctuations in the market over which the seller has no control,
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery,
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing him by the Seller about the loss of the right to withdraw from the Agreement,
§ 9 Complaint and warranty
- The Sales Agreement covers new Products.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain based on the provisions on warranty in the Civil Code.
- The complaint should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
- Goods sent back as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations. Products sent to a different address will not be received.
- In the event that a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 8 Out-of-court complaint and redress procedures
- Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and redress and the rules of access to these procedures are available at the registered offices and on the websites of poviat (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
- The Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and redress:
- The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of the Inspection
Trade, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in the Consumer Federation, the Association of Polish Consumers).
§ 9 Personal data in the Online Store
- The administrator of Customers’ personal data collected through the Online Store is the Seller.
- Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees to it – also for marketing purposes.
- The recipients of personal data of the Customers of the Online Store may be:
- In the case of a Customer who uses the method of delivery by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing shipments at the request of the Administrator.
- In the case of a Customer who uses the electronic payment method or a payment card in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
- The customer has the right to access their data and correct it.
- Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this contract.
§ 10 Final provisions
- Contracts concluded through the Online Store are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Regulations, they shall apply
generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
- The Customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. To this end, it may lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/