JĘZYK / LANGUAGE / ЯЗЫК
TERMS AND CONDITIONS
I. GENERAL PROVISIONS
1. These terms and conditions (hereinafter referred to as „Terms and Conditions”) shall define the principles under which the Seller and the Customers will conclude a sales contract, including contracts concluded at a place other than the place of business of the Seller or Representative using the Seller's e-mail address, i.e. info@www.ecorson.net
2. The store operating at info@www.ecorson.net is run by Jarosław Kubiak, performing his business activity as a company named Ecorson Jarosław Kubiak located in Łódź, ul. Wojska Polskiego 165a, registered in Central Electronic Register and Information on Economic Activity of the Republic of Poland, under NIP (tax identification number) No. 727-002-94-25, REGON 470827400, Phone/fax 042/617-23-21. E-mail: info@www.ecorson.net, website: www.www.ecorson.net
II. DEFINITIONS
Seller, Personal Data Administrator – Jarosław Kubiak, performing his business activity as a company named Ecorson Jarosław Kubiak located in Łódź 91-726, ul. Wojska Polskiego 165a, registered in Central Electronic Register and Information on Economic Activity of the Republic of Poland, under NIP (tax identification number) No. 727-002-94-25, REGON 470827400, Phone/fax 42/617-23-22, 042/617-23-21. E-mail: info@www.ecorson.net. He provides sales with shipping of currently offered Goods, Seller being the owner of which.
Website – the website available at www.www.ecorson.net
Customer – a natural person having full capacity to perform legal acts, a legal person or an organisational unit without legal personality to whom legal capacity is granted under separate regulations, purchasing Goods at the Store in accordance with the principles set out in the Terms and Conditions,
Consumer – a natural person conducting a legal act with the Seller, the act not being directly related to his or her business or professional activity,
Product or Products – a product or products described on the Website, made available for purchase by the Seller. The description of goods with an indicated price does not constitute an offer within the meaning of Article 543 of the Civil Code, however, it is an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
III. ORDERS
1. Technical requirements necessary to place an online order are as follows: access to websites – via any up-to-date Internet browser, and ability to receive e-mail – having a valid e-mail account.
2. A Customer places an order by sending an e-mail with specified products to: info@www.ecorson.net.
3. In the e-mail, the Customer specifies the following data as well: first name, surname, e-mail address, shipping address, phone number, and (applicable for entrepreneurs) the company name with its NIP and REGON numbers. Data submission is voluntary, however, in case when the Customer does not submit data, the Seller will not be able to complete the order.
4. By placing the order, the Customers confirms having read and accepting the Terms and Conditions. Before the first product order is placed, the Seller provides information on: total price or quotation, intended use, and proper quantities.
5. The acceptance of the Terms and Conditions by the Customer implies declaring as follows:
a) I have read the Terms and Conditions and I accept all provisions thereof,
b) I have voluntarily begun to use the Seller's services in accordance to the Terms and Conditions,
c) I hereby declare that the data provided is true, moreover, I understand that if the declaration above is deemed to be false, I shall bear responsibility in accordance with the Polish law,
d) I agree to have my personal data, which I supplied to the Administrator by e-mail, processed within the scope necessary for the correct performance of contract on provision of services by electronic means conducted by the Parties in accordance with the Terms and Conditions.
6. The information provided on the Website does not constitute an offer within the meaning of the Civil Code, however, it is an invitation to conclude a sales contract. The terms of sale are specified by the Terms and Conditions, applicable regulations, and individual arrangements made between the Seller and the Customer.
7. An order is placed by the Customer only in the Polish language.
8. After the order has been placed and the Seller has shipped the Goods, the Customer shall receive an "Order Information" e-mail to the provided e-mail address. The e-mail shall contain information on the shipment by courier, the original invoice, information on the complaint procedure in case of any damage caused during transportation, and the acceptance of the Terms and Conditions.
9. If the data included in the e-mail is incorrect, the Customer should contact the Seller by sending a request to correct the data by e-mail to info@www.ecorson.net within 24 hours from the receipt of order confirmation.
10. Prior to the order processing, the Buyer has received all information and instructions – in particular related to: the Seller's data, main product characteristics, total price and all additional fees, method and due date for the provision of mutual obligations by both parties, complaint procedure, terms of withdrawal, costs and terms of returns, the Seller's obligation to deliver fault-free items, existence and content of the warranty and its processing method, possibility of having recourse to a non-judicial complaint and redress methods along with their terms.
11. Additionally, the Seller shall, at the Customer's request made via e-mail (sent to info@www.ecorson.net), provide a swatch for Product or Products which the Customer wishes to purchase and individually determine the amount of Product or Products necessary for the Customer to perform the intended use of the Product. The swatches are available in an electronic form online on www.www.ecorson.net under a specific product or in an original printed form at Seller's stores and retail outlets in Poland and abroad.
12. An order constitutes an offer made by the Customer to the Seller to conclude a sale/purchase contract for goods at a price specified in the description of goods or in the individual quotation and in accordance with the provisions hereof.
13. A contract shall be concluded in the Polish language.
14. Should a Customer be willing to order goods outside the territory of the Republic of Poland, he or she should contact the Seller directly at info@www.ecorson.net. If such a case arises, the following individual terms shall be specified: Terms of sales, shipping, and complaint with the person or entity responsible for the transportation of the ordered goods to a given country.
IV. PRICES
1. All Product prices are provided to the Customer after a request for proposal is sent by e-mail.
2. The price specified in each proposal is binding from the moment when a Customer places an order within 1 month from the moment when the price was specified.
3. The Seller reserves his right to modify the prices of offered Products, implement new Products to the product range of the Store, conduct and cancel promotional activities at the Store websites, and modify them. This right does not affect the prices of Products within orders placed prior to the date of entry into force of the price modification or a promotional activity.
4. Payment is made in advance by means of a bank transfer to Seller's indicated bank account prior to shipment. In the case of constant cooperation, the payment date may be fixed on a case-to-case basis according to specified rules.
V. INVOICES AND RECEIPTS
1. A fiscal receipt acts as a proof of entering into a sale transaction. A request to receive a VAT invoice instead of a fiscal receipt must be made by e-mail every time an order is placed by the Customer. In such a case the Customer shall provide the Seller with all data necessary to issue a VAT invoice.
2. The fiscal receipt (VAT invoice in the paper form) shall be sent along with the ordered Goods to the address indicated in the order.
3. The Seller reserves his right to send the VAT invoice in the form of a PDF file, however, this is limited to Buyers who have printed out, signed, and sent back to the address of the Store a consent to receive invoices via e-mail. In order to receive and view the Invoice in the form of a PDF file, the Buyer shall, by his or her own means, have and install software which enables viewing PDF files (e.g. free Adobe Acrobat Reader software).
VI. ORDER PROCESSING
1. The Customer can place orders via e-mail at info@www.ecorson.net, Monday to Sunday, 24 hours a day. The orders are processed on working days, Monday to Friday, 8:00 to 17:00 CET.
2. The lead time comprises time necessary to prepare the consignment and the delivery time.
3. Consignment preparation time is up to 7 working days and, depending on the selected payment method, shall commence:
- bank transfer: on the working day following the payment day, while the payment day shall be the date of crediting the Seller's bank account with the amount equal to the price of order goods including any additional shipment costs.
4. Delivery period commences when the goods are shipped.
5. Delivery within the territory of the Republic of Poland is provided by a courier company which has signed a contract with Ecorson. Any information on the shipment and delivery are included in the e-mail, which includes as well: order confirmation, invoice, and instructions on proceedings in case of damage caused during transportation.
6. Ordered Goods can also be collected in person at the Store registered location, from 8:00 to 17:00, provided that the Store has been notified of the fact by phone (at +48 042/617-23-22) or by e-mail (at info@ecorson.pl). Connection fee corresponds to the fee for a regular telephone connection as per service price list of the Customer's service provider.
7. At the receipt of the consignment, the Customer should check the condition of the outer packaging and the ordered goods thoroughly in the presence of the courier. Should any damage occur, the Customer prepares a damage form with the courier, in two copies, both signed by the Customer and the courier. If any damage or loss inside the consignment (which had no external signs) has become apparent after its collection, such damage shall be reported to the courier at Customer's request immediately after noticing, no later than within two days after receipt. The contact details of the carrier/courier's Customer Service Department is included on the shipping list. Additionally, any external damage to the consignment such as: wet or coloured stains resulting from spillage, streaking, cracking, indentation, breaking, etc. shall be accurately described in the damage protocol and photographed. Photographs of the damaged consignment taken from the inside and from the outside, as well as photographs of all packagings, must be attached to the damage protocol.
8. The proceedings in the case of damage to the consignment caused during transportation are specified by the Act of 15th November 1984 Transport Law.
9. If damage is deemed to have been caused during transportation due to the fault of the courier company, the damaged goods, along with the correctly completed damage protocol and the proof of purchase, shall be sent to the Seller's address. The damage protocol is always available from the carrier.
10. Order processing shall constitute confirmation that the Customer has received and read information on the Product from the Seller, and understands it.
VII. PERSONAL DATA
1. When the order is placed, the Customer accepts the Terms and Conditions and agrees that his or her personal data will be stored in the Administrator's database and will be processed by the Administrator in order to perform the contract. Subcontractors will only have access to data which is necessary to fulfil these purposes.
2. Jarosław Kubiak, performing his business activity as a company named Ecorson Jarosław Kubiak, is the Personal Data Administrator.
3. The Customer/Consumer has access to his or her data at any time, can modify or update it, or request it to be deleted.
4. Data submission is voluntary, however, it is necessary to order Goods or participate in promotional activities. If the Customer does not submit personal data, these cannot be performed.
5. The Administrator has the right to disclose personal data only to lawfully authorised entities, in accordance with the Privacy Protection Policy, the provisions hereof, and the applicable regulations, in particular with the Act on Personal Data Protection.
VIII. WITHDRAWAL FROM A CONTRACT
1. A Customer has right to withdraw from a contract without stating any reason within 14 days from the date of taking possession of the Goods by the Customer or a third person (not being the carrier) indicated by the Customer.
2. An original copy of the withdrawal statement should be legibly signed and submitted by post to the following address: Ecorson Jarosław Kubiak, 91-726 Łódź Ul. Wojska Polskiego 165a,
3. In order to meet the due date, it is sufficient to send the withdrawal statement to the Seller on the last day of the 14-day period at the latest. The following shall be sent along: a. original proof of purchase b. withdrawal statement c. goods,
4. The Consumer shall bear the direct cost of returning the Goods unless the Store has agreed to bear the cost.
5. The Product should be returned complete and in an unaltered state.
6. The Consumer shall be responsible for any deterioration of the item resulting from using it in a manner beyond necessary to identify its nature, features, and functioning.
7. The return of Goods should be performed immediately, no later than within 14 days from the date of sending the withdrawal statement. In order to meet the due date, it is sufficient to send the Product on the last day of the period. The Product should be sent to the Seller's address: Ecorson Jarosław Kubiak ul. Wojska Polskiego 165a, 91-726 Łódź
8. The Customer/Consumer does not have right to withdraw in relation to contract/sale:
1) of service provision, provided that the entrepreneur has completed the service at the consumer's explicit consent and the consumer was informed before commencing the service provision that he or she loses the right to withdraw from the contract after completion of the service;
2) where the price or fee depends on the fluctuations of the financial market beyond the entrepreneur's control which may occur before the withdrawal due date;
3) the object of which is an item: non-prefabricated, produced according to the consumer's specification or in order to meet his or her individual needs in a particular case, such as paint and plaster pigmentation, or in a specified, personalised amount;
4) the object of which is an item which is liable to deteriorate or expire rapidly;
5) the object of which is an item delivered in a sealed packaging which cannot be returned after opening due to health protection or hygienic reasons, provided that the packaging has been opened;
6) the object of which is an item which, due to its nature, is inseparably combined with other items after delivery;
7) the object of which is an alcoholic beverage, price of which was agreed at the time of conducting the sales contract, delivery of which can be performed after 30 days, and value of which is dependent on market fluctuations beyond the entrepreneur's control;
8) where the consumer explicitly requested the entrepreneur to come to his or her business in order to perform an urgent repair or maintenance;
9) the object of which is audio or visual recordings or computer software delivered in a sealed packaging, provided that the packaging has been opened after delivery;
10) for delivery of journals, periodicals, or magazines, excluding subscriptions;
11) concluded by public auction;
12) for provision of services related to accommodation, other than residential, transport of goods, car rental, catering, leisure, entertainment, sport or cultural events, provided that the date or period of service provision has been specified therein;
13) for provision of digital content not supplied on a tangible medium, provided that such provision was commenced at the consumer's explicit consent before the withdrawal period expires and after the entrepreneur had informed the consumer about the loss of the right to withdraw from the contract.
14) No later than after 14 (in words: fourteen) days after the receipt of: the Consumer's withdrawal statement, original proof of purchase, and the complete product, the Seller shall return to the Consumer the total amount of payments made by the Consumer, including the costs of delivery, excluding additional costs resulting from choosing another delivery method than the cheapest, usual method.
The Seller returns the amount of payment using the same payment method as the method used by the Consumer, unless the Consumer has explicitly agreed to use a different method which does not imply any additional costs to him or her.
15) The Seller has a right to withhold the return of payment made by the Consumer until he has received the Product of full value.
VIII. COMPLAINTS FOR CONSUMERS
1. All Products available in the Store come from a legal source, are genuine and fault-free. Each Product should be used by the Consumer according to its intended use and within an appropriate system. All information on Products are available at www.www.ecorson.net.
2. A 2-year warranty is given to purchased Products, provided that the following conditions are met:
a. individual Products shall be used within a system that is appropriate and recommended by the Seller, applied in accordance with the descriptions from the Application Sheets, Technical Data Sheets, available at www.www.ecorson.net under the particular purchased product.
b. individual Products shall be used in accordance with their intended use, applied to a specified surface in optimal and recommended atmospheric conditions. Such data is included in the descriptions and product sheets at www.www.ecorson.net, under particular products.
Complete information on the Product and its correct use is provided to the Buyer after every purchase by: e-mail, phone, or in person (provision of leaflets, indication of the source of data on the Seller's website).
3. Exclusions to Warranty:
a. Products used incorrectly, not in compliance with the system recommended on the Seller's website (www.www.ecorson.net) under the particular product.
b. Products used in an incorrect or insufficient amount, in inappropriate weather conditions,
c. Products applied to loose, unstable substrates, not fixed to the substrate, applied without primer or using wrong or poor-quality primer,
d. Products applied to incorrectly prepared and stabilised substrates,
e. Products applied to substrates exposed to particular atmospheric, thermal, and mechanical conditions,
f. Products applied to substrates which contained or contain traces of: mould, fungi, moisture, oils, and pigments,
g. Products applied to substrates which have been exposed to elemental, mechanical, abrasive, or thermal damage, as well as damaged water supply and waste water installations, etc.,
h. Products applied to substrates with surface flaws resulting from cracking, settling of the building, design errors, incorrectly conducted repairs,
i. Products applied beyond the Seller's control to unverified, non-stabilised substrates,
j. related to colours – during Sale in the Store, the Customer is presented with an original colour sample, accepted on the receipt document. However, when the Customer orders a coloured Product, individually by e-mail, he or she evaluates the Product based on the computer screen, acknowledging that every screen may show a given colour differently and such representation is for illustration purposes only, not a 100% sample of the original Product, thus the Customer should be aware of the differences between a colour representation on the screen and an original Product sample.
k. Products which have been mixed with water, other Product, or two-component Products.
4. The Consumer shall have the right to file a complaint in the event of non-compliance of the purchased goods. It is sufficient to send a notification before the due date.
5. A complaint along with a detailed description of the complaint, proof of purchase, and Product being the subject of the complaint, shall be sent to the company's address: Ecorson Jarosław Kubiak ul. Wojska Polskiego 165a, 91-726 Łódź, or deliver in person to the Seller's office.
6. The complaint will be examined within 30 calendar days from the date of delivery of complete data included in a complaint request, along with the proof of purchase and the Product, to the Seller.
7. If the product does not comply with the contract, the Consumer may request a lower price or withdrawal from the contract, unless the Seller replaces the faulty Product with a fault-free one immediately and causing no excessive inconvenience to the Consumer. However, this restriction shall not apply if the Product has already been replaced by the Seller or the Seller has not met the obligation to replace the faulty Product with a fault-free one or remove the fault. Additionally, instead of the removal of the fault proposed by the Seller, the Consumer may request a replacement of the Product with a fault-free one, or request the Seller to remove the fault instead of replacement of the Product, unless the cost of such activity would be excessive compared to the method proposed by the Seller.
8. If the Customer cannot request a replacement or the Seller fails to fulfil such a request in a given time or if such a replacement would cause inconvenience to the Customer, the Customer shall have the right to require an appropriately reduced price or withdrawal from the contract, however, the Customer shall not have the right to withdraw when the Product fault is negligible.
9. If a buyer who is a Consumer requested a Product replacement or filed a reduced price statement, which states the amount by which the price is to be reduced, by a registered letter and the Seller did not address the request within thirty days, the request shall be deemed as reasonable.
10. Differences resulting from individual Consumer's computer settings (colour, proportions, texture appearance, etc.) cannot be the basis for an acceptable complaint.
IX. COMPLAINTS FOR CUSTOMERS WHO ARE NOT CONSUMERS
In the case of complaints filed by Customers who are not Consumers, the following rules shall apply:
1. The warranty for physical defects is limited to faults which affect the Product functionality or reduce its value significantly, reported by the Customer within 14 days from the date of Product release, excluding faults which the Seller has fraudulently concealed.
2. The Customer should check the Product for any faults immediately after its release.
3. A report on defect will be examined within 30 calendar days from the date of the delivery of the report along with the faulty Product and the proof of purchase or complaint if the Product cannot be returned to the Seller due to its properties.
4. A complaint request along with the proof of purchase and the Product being the subject of the complaint may be sent to the following address: info@www.ecorson.net, or delivered directly to the head office of Ecorson Jarosław Kubiak located at the following address: Ul. Wojska Polskiego 165a, 91-726 Łódź
X. ADDITIONAL AND FINAL PROVISIONS
1. All issues which are not provided for herein shall be determined by the provisions of the applicable Law, in particular by the Civil Code and the Act on Consumer Rights.
2. The Seller reserves the right to modify the Terms and Conditions. Any modifications to the Terms and Conditions shall apply from the date of publishing on the Store website. Such modifications shall not apply to orders placed before the modification, these orders will be processed in accordance with previous conditions.
4. Should any doubts related to the order arise, the Customer/Consumer may contact the Seller by phone (at + 48 042/617-23-22) or via e-mail (at info@www.ecorson.net). Connection fee corresponds to the fee for a regular telephone connection as per service price list of the Customer's service provider.
5. Should the Customer/Consumer have any questions related to the application of purchased Goods, the Customer/Consumer may contact the Seller by phone (at + 48 042/617-23-22) or via e-mail (at info@www.ecorson.net). Connection fee corresponds to the fee for a regular telephone connection as per service price list of the Customer's service provider.
6. The Consumer has the opportunity of having recourse to a non-judicial complaint and a redress mechanism.
7. The Consumer is entitled to, in particular:
a.) acquire help of a City or County Consumer Ombudsman free of charge
b.) file a request for a settlement of dispute resulting from a concluded sales contract from a Permanent Consumer Arbitration Court at the Provincial Trade Inspector,
c.) request help from mediation centres in order to examine a dispute resulting from a concluded sales contract and reach a settlement.
ECORSON
