Online Store Terms and Conditions
§ 1 Definitions
- Business Days – days from Monday to Friday, excluding statutory holidays in Poland.
- Consumer – a person who is a consumer within the meaning of the Civil Code.
- User Account – a free function of the Store (service) allowing the Buyer to create an individual user account in the Store, regulated by a separate set of terms and conditions available in the Store.
- Buyer – any entity making purchases in the Store.
- Entrepreneur – an entity that is not a Consumer.
- Terms and Conditions – these terms and conditions.
- Registered Office – the Seller’s registered office as indicated in the Terms and Conditions.
- Store – the EnergyLinestrong.pl online store operated by the Seller at Armii Krajowej 1.
- Seller – entered in the National Court Register kept by a limited liability company, conducting business under the name EnergyLineStrong with its registered office in Mirosławice, ul. Wrocławska 14b NIP 8961616663, REGON number 522891325
- Goods – movable property and digital content offered by the Seller through the Store
- Sales Agreement – a distance contract concluded between the Buyer and the Seller through the Store.
§ 2 Contact Information
Address: Armii Krajowej 1, 58-302 Wałbrzych. Email address: biuro@energylinestrong.pl Phone: +48 795 185 792 The Seller informs that in the case of telephone calls, the basic tariff of the telecommunications operator used by the Buyer applies. The Seller draws attention to the fact that the cost of calls other than domestic calls may be higher than domestic calls – depending on the Buyer’s operator’s tariff.
§ 3 Placing an Order
In order to conclude a sales agreement with the Seller through the Store, in the first step, the Buyer must add the goods to the cart and, if applicable, specify their parameters. Then, the Buyer provides his/her data (including the address for delivery of the order), selects the method of delivery of the order and the method of payment. At the moment of confirmation of the order by the Buyer and acceptance of the Terms and Conditions, a sales agreement is concluded. The Buyer may create a User Account in the Store, but this is not necessary to place an order.
§ 4 Order Cost
Prices given in the Store are gross prices, i.e. they include the appropriate VAT for the given country. The total price of the order consists of the gross price for the goods and the cost of delivery of the goods visible in the Store during the ordering process. In the event that the order may be associated with additional costs other than those indicated in paragraphs 1 and 2 on the Buyer’s side outside of Poland, information about this will appear during the ordering process in the Store, before the conclusion of the sales agreement.
§ 5 Payments
For goods purchased in the Store, the Buyer may pay, depending on the payment method chosen during the ordering process:
a) through the Autopay online payment platform, b) by bank transfer to the Seller’s account c) by cash on delivery,
Detailed information on payment methods available in the Store will be provided to the Buyer during the ordering process, before the conclusion of the sales agreement. In the event that the Buyer has chosen the payment method referred to in paragraph 1 lit. a) and b), the Buyer should pay for the order within 14 Business Days from the date of conclusion of the sales agreement.
§ 6 Order Fulfillment
- Goods purchased in the Store are delivered through courier companies and the Polish Post Office, depending on the selected country of delivery of the goods. Details on the possible methods of delivery of goods available for a given country can be found in the Store. In the case of digital content, delivery takes place by providing a link to download the file.
- The cost of delivery of the goods will be visible during the ordering process.
- All documents related to the transaction will be sent to the email address provided by the Buyer during the ordering process, to which the Buyer agrees.
- The order fulfillment time, which is counted from the moment of conclusion of the sales agreement, consists of the time needed to send the goods and the time needed to deliver the goods.
- The time of dispatch of the goods by the Seller is specified in the description of each product in the Store.
- In the event that the order consists of several products the fulfillment time for the entire order corresponds to the fulfillment time for the product with the longest fulfillment time.
- In the event that the Buyer decided to pay in advance for the order, the order fulfillment will begin after the Seller receives payment for the purchased goods.
- The Seller is obliged to deliver the goods without defects.
- The Buyer can choose the form of the sales document at the stage of placing the order by marking the appropriate box in the cart.
10.The Seller shall provide the Consumer with confirmation of the conclusion of the sales agreement on a durable medium no later than at the time of delivery of the goods.
§ 7 Withdrawal from the Agreement
- A Buyer who has concluded a Sales Agreement may withdraw from it within 14 days without giving a reason and without incurring any costs on the principles set out in Chapter 4 of the Act on Consumer Rights, regardless of whether they are a Consumer or Entrepreneur, and regardless of the type of Goods, unless a longer period is specified in the description of the Goods.
- The deadline for withdrawal from the agreement starts to run:
- for an agreement in which the Seller delivers the item, being obliged to transfer ownership of it – from the moment the item is taken into possession by the Buyer or a third party indicated by him/her other than the carrier, and in the case of an agreement which:
a) covers several items that are delivered separately, in parts or in pieces – from taking possession of the last item, part or piece,
b) involves the regular delivery of items for a specified period – from taking possession of the first item;
2) for other agreements – from the date of conclusion of the agreement.
3. The Buyer may withdraw from the agreement by submitting a declaration of withdrawal from the agreement to the Seller. The declaration can be submitted on a form, a template of which constitutes an attachment to the terms and conditions.
4. The return of the payments made will be made by bank transfer to the account indicated by the Buyer.
§ 8 Complaints
- In the event of a defect in the goods, the Buyer has the right to lodge a complaint about the defective goods based on the warranty regulated by the Civil Code.
- Complaints should be submitted electronically to the address biuro@energylinestrong.pl or in writing.
- If a warranty has been granted for the goods, on the basis of which it is also possible to complain about defective goods, information about it will be placed in the description of the goods in the Store.
- Complaints regarding the functioning of the Store should be reported electronically to the address biuro@energylinestrong.pl
- The Consumer has the possibility to use, among others:
- free mediation, as a rule, conducted by the competent Provincial Inspectorate of the Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which an application for mediation should be submitted. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595
- free assistance from the competent permanent arbitration court for consumers operating at the Provincial Inspectorate of the Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which an application for consideration of the case before an arbitration court should be submitted. A list of courts is available at the address: https://www.uokik.gov.pl/wazne_adresy.php#faq596
- The Online Dispute Resolution (ODR) platform available at (for both disputes arising from domestic and cross-border contracts): http://ec.europa.eu/consumers/odr/
- In the case of cross-border cases within the European Union, free assistance to Consumers is also provided by the European Consumer Centres, which inform Consumers about their rights and help in solving individual problems related to cross-border transactions. The list of Centres can be found at the address: https://konsument.gov.pl/eck-w-europie/
§ 9 Personal Data
- The administrator of the Buyer’s personal data transferred to the Seller while using the Store is the Seller.
- The Buyer’s personal data is processed on the basis of the agreement and for its implementation, on the principles set out in accordance with the principles set out in the General Data Protection Regulation (GDPR) of the European Parliament and Council (EU).
- Detailed information regarding data processing by the Seller is contained in the privacy policy posted in the Store.
§ 10 Technical Requirements
To use the Store, a device equipped with a web browser with access to the Internet is necessary, and for making purchases, an active email account is also required.
§ 11 Final Provisions
1. The sales agreement concluded on the basis of these Terms and Conditions concerns a specific and one-off order – it is concluded for the purpose and duration of its implementation. Each order requires separate acceptance of the Terms and Conditions.
2. The agreement concluded on the basis of the Terms and Conditions is subject to Polish law, provided that this choice does not lead to the Consumer being deprived of the protection granted to him on the basis of mandatory provisions of law which would apply if the choice of law had not been made.
3. In the event of any dispute between the Seller and the Buyer who is not a Consumer, the court competent for the Seller’s registered office shall be competent.
4. Contracts concluded in connection with the Store are concluded in Polish.
5. The Buyer is prohibited from providing content of an illegal nature.
Below is a sample withdrawal form, which the Consumer may, but does not have to use:
SAMPLE WITHDRAWAL FORM (this form should be completed and returned only if you wish to withdraw from the contract)
………… (Seller’s details)
I hereby withdraw from the contract of sale ………………
Date of conclusion of the contract()/receipt()
Buyer’s name and surname or company name
Buyer’s address
Buyer’s signature
Date
