These Regulations define the general rights and obligations of the Customer, as the buyer, and the Seller, as the seller, in contractual relations concluded through the Online Store.
All information regarding the processing of the Customer’s personal data is contained in the Information on Personal Data Protection.
We communicate primarily at a distance. Therefore, for the conclusion of a Sales Contract, means of remote communication are also used.
If any part of the Terms and Conditions contradicts what the Customer and the Seller agreed upon as part of the purchase process on the Online Store, that particular agreement will take precedence over these Terms and Conditions.
1) Delivery – means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
2) Supplier – means the courier company with which the Seller cooperates in making Delivery of Goods.
3) Customer – means an entity to whom, in accordance with the Terms and Conditions and legal regulations, electronic services may be provided or with whom a Sales Contract may be concluded.
4) Consumer – means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
5) Entrepreneur – means a natural person, legal person or organizational unit that is not a legal person, which is granted legal capacity by law, conducting in its own name a business or professional activity and making a legal action directly related to its business or professional activity.
6) Entrepreneur with the rights of a Consumer – means a natural person entering into a Sales Contract directly related to his/her business activity, when the content of the Sales Contract shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
7) Rules and Regulations – means these Rules and Regulations.
8) Online store – means the online store operated by the Seller, which is available at www.eshop.ewafarna.com
9) Seller – means Czech company Asobi s.r.o., registered office Hrádek 249, 739 97 Hrádek, Czech Republic, REGON 139 68 777, NIP CZ13968777, registered in the Commercial Register kept by the Municipal Court in Ostrava under number C 87524.
10) Store Website – means the web pages under which the Seller operates the Online Store, operating in the domain eshop.ewafarna.com.
11) Merchandise – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Contract.
12) Permanent carrier – means a material or tool that allows the Customer or the Seller to store information addressed personally to the Customer, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and that allows the reproduction of the stored information in an unchanged form.
13) Contract of sale – means a contract of sale concluded at a distance, under the terms of the Regulations, between the Customer and the Seller.
2. GENERAL PROVISIONS AND INSTRUCTIONS
1) The purchase of Goods is possible only through the Online Store.
2) When purchasing Goods, the Customer is obliged to provide the Seller with all information correctly and truthfully. Accordingly, the Seller believes that the information that the Customer provides when ordering Goods from the Online Store is correct and true.
3. CONCLUSION OF THE CONTRACT OF SALE
1) The information contained on the Store’s Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers for the conclusion of a Sales Contract.
2) The Customer may place orders at the Online Store via the Store’s Website 7 days a week, 24 hours a day.
3) The Contract of Sale shall be concluded remotely via the Online Store, and the costs of using the means of remote communication shall be borne by the Buyer. However, these costs do not differ in any way from the basic rate that the Buyer genders for the use of these means (i.e., in particular, for Internet access). The Buyer shall not pay any further costs charged by the Seller beyond the total price for the selected Goods and Delivery.
4) A Customer placing an order via the Store’s Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. The Customer, after completing the entire order and indicating in the “ORDER” the necessary personal data, method of Delivery and form of payment, places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Store’s Website. However, before pressing the button, the Customer must still confirm knowledge and acceptance of these Terms and Conditions, otherwise placing an order will not be possible. Each time before the order is sent to the Seller, the Client is informed about the total price for the selected Goods and Delivery, as well as about all additional costs he is obliged to pay in connection with the Sales Agreement, e.g. for cash on delivery.
5) Placing an order constitutes submission by the Client to the Seller of an offer to conclude a Contract of Sale for the Goods being the subject of the order.
6) After placing an order, the Seller shall send to the e-mail address provided by the Client information on acceptance of the order for processing. The information on acceptance of the order for execution is the Seller’s statement of acceptance of the offer referred to in Section 3, paragraph 4 above, and upon its receipt by the Client the Contract of Sale is concluded.
7) There may be cases when the Seller will not be able to confirm the Customer’s order. These are primarily situations in which the Goods are unavailable or cases in which the Customer orders more Goods than possible.
8) If the Online Store or the Customer’s order states an obviously incorrect price, the Seller shall not be obliged to deliver the Goods to the Customer at such price, even if the Seller has already confirmed the Customer’s order and the Contract has therefore been concluded. In such a situation, the Seller shall immediately contact the Customer and send the Customer a new offer to conclude the Contract of Sale in a form modified from the order. In such a case, the new Contract of Sale is concluded as soon as the new offer of the Seller is confirmed by the Customer. If the Customer does not confirm the Seller’s new offer within 3 days of its sending, the Seller is entitled to withdraw from the concluded Contract of Sale. An obvious error in the price is considered, for example, a situation in which the price does not correspond to the usual price at other sellers or some digit is missing.
9) After the conclusion of the Sales Contract, the Seller shall confirm the terms of the Contract to the Customer by sending them on a durable medium to the Customer’s e-mail address.
10) In some cases, the Seller allows the Customer to take advantage of a discount on the purchase of the Goods. In order to obtain the discount, the Customer must enter the discount code in the predefined field in the “CART” or in the “ORDER” in the Online Store.
1) The prices on the Store’s Website listed next to the given Goods are gross prices (including DPH, i.e. the Czech equivalent of VAT) and do not include information on delivery costs and any other costs, e.g. for cash on delivery, which the Customer will be obliged to pay in connection with the sales contract, of which the Customer will be informed when selecting the method of delivery and placing the order.
2) The Customer may choose the following forms of payment for the ordered Goods:
(a) payment card via PayU external payment system – payment is subject to the terms and conditions of this payment gateway, which are available at: https://poland.payu.com/nota-o-prywatnosci-payu/;
3) The Seller will issue an electronic invoice after payment of the price, which will be sent to the Customer’s email address.
The goods will be delivered to the Customer by the method of choice.
1) The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
2) On the day the Goods are shipped to the Customer, information confirming the shipment by the Seller is forwarded to the Customer’s e-mail address.
3) The Customer shall be obliged to examine the delivered shipment at the time and in the manner usual for shipments of a given type. If any defect or damage to the consignment is found, the Customer has the right to demand that an employee of the Supplier writes an appropriate protocol.
4) In case of absence of the Customer at the address indicated by him/her, given when placing the order as the address of Delivery, the employee of the Supplier will leave an advice note or attempt to contact him/her by telephone in order to establish a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of the new Delivery. The Seller shall also have the right to withdraw from the Sales Contract due to non-collection of the Goods.
1) The Seller shall ensure Delivery of Goods free of physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
2) If the Goods have a defect, the Customer may:
(a) make a statement to reduce the price or withdraw from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with defect-free ones or removes the defect.
This restriction does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defects. The Client may, instead of the removal of defects proposed by the Seller, demand that the Goods be replaced with defect-free Goods or, instead of replacing the Goods, demand the removal of defects, unless bringing the Goods into conformity with the agreement in the manner selected by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. In assessing the excessive cost, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which other means of satisfaction would expose the Client, shall be taken into account.
b) demand replacement of the defective Goods with defect-free Goods or removal of the defect. The Seller shall be obliged to replace the Defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to satisfy the Customer’s request if bringing the Defective Goods into conformity with the Contract of Sale in a manner chosen by the Customer is impossible or, in comparison with the other possible manner of bringing them into conformity with the Contract of Sale, would require excessive costs. The cost of repair or replacement shall be borne by the Seller.
3) The Customer who exercises warranty rights is obliged to deliver the defective item to the address of the Seller. In the case of a Customer who is a Consumer and an Entrepreneur with rights of a Consumer, the cost of delivery is covered by the Seller.
4) The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the release of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free Goods shall be time-barred after one year, but this period cannot end before the expiration of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Contract or make a statement of price reduction due to a defect in the Goods. If the Customer has demanded replacement of the Goods with defect-free Goods or removal of the defect, the period for withdrawal from the Sales Agreement or submission of a statement on price reduction shall begin upon the ineffective expiration of the period for replacement of the Goods or removal of the defect.
5) Any complaints related to the Goods or the implementation of the Sales Contract, the Customer may direct in electronic form and send to the address of the Seller firstname.lastname@example.org.
6) The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or the complaint related to the implementation of the Sales Contract reported by the Customer.
7) The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to email@example.com. The Customer should include a description of the problem in the complaint. The Seller shall promptly, but no later than within 14 days, consider complaints and provide the Customer with a response.
8) The Seller does not use out-of-court dispute resolution, referred to in the Law of September 23, 2016, on out-of-court resolution of consumer disputes.
7. WITHDRAWAL FROM THE SALES CONTRACT
1) A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has entered into a Sales Contract may withdraw from the Contract within 14 days without giving any reason.
2) The period for withdrawal from the Sales Contract shall start from the moment the Consumer, Entrepreneur with the rights of the Consumer or a third party other than the Supplier designated by them takes possession of the Goods.
3) The Consumer and the Entrepreneur with the rights of the Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted via e-mail to the Seller’s address: firstname.lastname@example.org. The statement can be made by the Return Form, the template of which is provided by the Seller on the Store’s Website. To meet the deadline it is sufficient to send the statement before its expiration.
4) In the event of withdrawal from the Sales Contract, it is considered not concluded.
5) If the Consumer or Entrepreneur with the rights of the Consumer made a statement of withdrawal from the Sales Contract before the Seller accepted his offer, the offer ceases to be binding.
6) The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with the rights of the Consumer about withdrawal from the Sales Contract, return to him the payments made by him, including the cost of Delivery of the Goods to the Consumer or Entrepreneur with the rights of the Consumer. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur with the rights of the Consumer until it receives back the Goods or the Consumer or Entrepreneur with the rights of the Consumer provides proof of return of the Goods, whichever event occurs first.
7) If the Consumer or Entrepreneur with the rights of the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with the rights of the Consumer for the additional costs incurred by him.
8) The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Contract. To meet the deadline it is sufficient to return the Goods to the Seller’s address before the expiry of this period.
9) In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer shall bear only the direct costs of return.
10) If, due to its nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer and Entrepreneur with the rights of the Consumer about the cost of returning the item on the Shop’s Website.
11) The Consumer and Entrepreneur with the rights of the Consumer shall be liable for diminished value of the Goods resulting from the use of the Goods beyond what is necessary to determine the nature, characteristics and functioning of the Goods.
12) The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur with the rights of the Consumer. In the case of Cash on Delivery, the Consumer or Entrepreneur with the rights of the Consumer should fill in the account number in the return form to which the Seller will make the transfer.
8. SETTLEMENT OF DISPUTES WITH CONSUMERS
1) The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
2) The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
9. FINAL PROVISIONS
1) The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
2) The sales contract, including the Terms and Conditions, is archived at the Seller in electronic form, but is not available to the Customer. However, the Customer will always receive these Terms and Conditions and an order confirmation, including an order summary, by e-mail to the indicated address, so that he will always have access to the Contract of Sale even without contacting the Seller. The content of these Terms and Conditions may be fixed by printing, saving to a medium or downloading from a link available in the order confirmation by the Seller.
3) If a dispute arises on the basis of the concluded Sales Contract, the parties will seek to resolve the matter amicably. The governing law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.
4) The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are executed on the basis of the Regulations that were in force on the date of placing the order by the Customer.
The Regulations become effective on 1.7.2022.