Terms and Conditions - ecommercelegal.pl
These Regulations contain the rules for the operation of the ecommercelegal.pl shop through which you, as an entrepreneur, can directly purchase some of the services we provide.
Here you will find in particular information about our services, ordering rules, the right to withdraw from the contract and liability for non-compliance of the service with the contract.
Shop - an online shop located at ecommercelegal.pl
Seller - ecommerce.legal Marcin Tomczak entered into the Central Register and Information on Economic Activity, with NIP 7842426016, REGON 523490670, with its registered office at Dąbrowskiego 77A Street, 60-529 Poznań, telephone number +48 781 906 020, e-mail address: email@example.com .
Customer - Any person shopping in the Shop and concluding a distance purchase contract with the Seller.
Consumer - a natural person concluding a contract with the Seller, the subject of which is not directly related to its business or professional activity (consumer) or a natural person concluding a contract directly related to its business activity, if the content of this contract shows that it is not professional (entrepreneur with consumer rights).
Consumer Rights Act - Act of 30 May 2014 on consumer rights
Service - a service that is the subject of sale in the Shop
Seller's data - contact details of the Seller, in particular for complaints and returns: ecommerce.legal Marcin Tomczak, correspondence address: ul. Długosza 13/5, 60-559 Poznań, firstname.lastname@example.org, phone number +48 781 906 020.
- These regulations define the rules for using the online shop located at ecommercelegal.pl and the rules and procedure for concluding distance sales contracts via the Shop.
- The Regulations are available uninterruptedly on the ecommercelegal.pl website in a way that allows them to be downloaded, reproduced and recorded by printing or saving on a carrier at any time.
Making purchases in the Shop
- The gross and net price of the service is given on the Shop's website. During the ordering process and on the order summary page, the Customer is informed about the price of the service including taxes, as well as other possible costs.
- Information about the services provided on the Shop's websites, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Polish Civil Code.
- In order to conclude a contract, it is necessary for the Customer to place an order by clicking the "Order and pay" button on the order summary page. To place an order, it is required to add products to the basket, complete the data and accept the required consents.
- Placing an order is tantamount to concluding a contract. The Customer pays for the order, and the Seller immediately sends a message to the e-mail address provided by the Customer, which contains confirmation of the conclusion of the Sales Agreement.
- The Seller is not responsible for disruptions in the functioning of the Shop, which may be caused by the Shop's incompatibility with the devices used by the Customer, force majeure, unauthorized actions of third parties or technical faults on the part of the providers of specific services.
- By making purchases in the shop, the customer accepts the Regulations.
- The Seller reserves the right to suspend the execution of the order in the event of justified doubts as to the veracity and reliability of the data entered by the Customer in the registration form. In such a situation, the shop will immediately contact the customer.
- The Customer and the Seller are bound by the price of the product in force at the time of placing the order in the Shop.
- The Shop accepts the forms of payment available in the ordering process, including in particular traditional transfer and electronic payments.
- The seller undertakes to perform the service no later than within 30 days from the date of payment for the order or, if such functionality is available, within the time limit indicated in the calendar available in the ordering process.
- Details regarding the performance of the service will be included in the e-mail after paying for the order and will be, if necessary, clarified by the Seller and the Customer, taking into account the needs of the Customer.
Non-compliance of the service with the contract; complaints
- The basis and scope of the Seller's liability towards the consumer are defined by generally applicable laws, in particular the Act on Consumer Rights.
- The Seller undertakes to provide legal services with due diligence and on the basis of the latest available knowledge.
- In the event of non-compliance of the goods (services) with the contract, the consumer has the rights set out in applicable law, in particular in the Act on Consumer Rights. The seller hereby informs about the entrepreneur's liability provided for by law for the compliance of the service with the contract. The consumer has the right to use the guarantee, if it has been granted.
- Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations. In the event of a complaint, the Customer should provide his: Name and Surname, address, order identification data (e.g. order number), subject and reason for the complaint, customer request, contact details. Contact details for complaints can be found in § 1 of these Regulations.
- The goods are compliant with the contract if, in particular, their description, type, quantity, quality, completeness and functionality remain in accordance with the contract.
- If the goods are inconsistent with the contract, the consumer may demand that the defects be repaired or removed.
- In the cases specified in the Act on consumer rights, the consumer may submit a declaration of price reduction or withdrawal from the contract. In particular, this applies to a situation where the Seller refused to bring the service into compliance with the contract or did not bring the service into compliance with the contract.
- The seller returns to the consumer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the consumer's statement on the price reduction.
- In the event of withdrawal from the contract, the Seller, after a positive consideration of the complaint, returns the price to the consumer immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the contract.
- The consumer cannot withdraw from the contract if the lack of conformity of the service with the contract is insignificant. The lack of conformity of the service with the contract is presumed to be material.
- The entrepreneur is liable for the lack of conformity of the goods with the contract existing at the time of its performance and revealed within two years from that moment, unless the expiry date of the service specified by the entrepreneur, his legal predecessors or persons acting on their behalf is longer.
- The lack of conformity of the goods with the contract, which became apparent within two years from the time the service was performed, shall be presumed to have existed at the time of its performance, unless proven otherwise or the presumption cannot be reconciled with the specificity of the service or the nature of the lack of conformity of the service with the contract. .
- The seller is obliged to respond to the consumer's complaint within 14 days of its receipt.
- The seller complies with the provisions of chapter 5b of the Act on consumer rights in the scope of contracts for the supply of digital content or digital services. The seller is liable for the lack of conformity with the contract of digital content or digital service supplied continuously, which occurred or became apparent at the time when, according to the contract, they were to be delivered. This period cannot be shorter than two years from the moment of delivery of the goods with digital elements. The lack of conformity of the digital content or digital service with the contract is presumed to have occurred at that time if it became apparent at that time.
- If a guarantee has been granted for the goods, information about it, as well as its content, will be included in the description of the service in the shop. Deviation from the warranty conditions set out in the advertisement to the detriment of the consumer is ineffective, unless the warranty statement made in the advertisement before the conclusion of the contract has been rectified in accordance with the conditions and form in which the advertisement was carried out, or in a comparable manner.
Right of withdrawal
- Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), the Customer who is a consumer has the right to withdraw from a distance contract without giving a reason within 14 days.
- To meet the deadline referred to in para. 1, it is sufficient to send a statement of withdrawal before its expiry.
- The recommended form of submitting a declaration of withdrawal from the contract is to send it to the e-mail address email@example.com.
- The seller immediately confirms receipt of the statement.
- In the event of effective withdrawal from the distance sales contract, it is considered void.
- The seller returns all payments received immediately, and in any case not later than 14 days from the day on which he was informed about the decision to exercise the right to withdraw from this contract. The refund is made using the same payment methods that were used in the original transaction, unless the consumer expressly agreed to a different solution. In any case, the consumer does not incur any fees in connection with this return.
Provision of services by electronic means
- The Seller takes steps to ensure the proper operation of the Shop, to the extent resulting from the current technical knowledge and undertakes to remove any irregularities reported by Customers using the Seller's Data within a reasonable time.
- If you wish to submit a complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the shop.
- The seller undertakes to consider each complaint within 14 days.
- The seller enables joining the newsletter list and concluding a contract for the provision of digital content in the form of a newsletter.
- The conclusion of the contract requires the completion and sending of a form in which you must provide your e-mail address and telephone number. The contract is considered concluded when the user receives an e-mail confirming joining the newsletter.
- The content contained in the newsletter is protected by copyright. It is forbidden to copy, fix, distribute them without the consent of the Seller.
- Sending illegal content via the form is prohibited.
- The consumer may withdraw from the contract for the supply of digital content within 14 days of its conclusion, without giving any reason, by informing the Seller. Regardless of this, the user may at any time submit a declaration of resignation from receiving the newsletter.
- The Seller is liable for the lack of compliance of the service with the contract towards the consumer on the terms set out in the Act on Consumer Rights and in the Seller's regulations.
Personal data protection
- The administrator of Customers' personal data collected via the Online Shop is the Seller.
- The seller verifies reviews about the services and has implemented appropriate solutions to assess their authenticity. After issuing the opinion, it is verified. If it turns out that the data contained in the opinion cannot be linked to the order of the service that was the subject of the opinion, the opinion is deleted. If there are doubts as to the authenticity of the opinion, they are clarified on the basis of the presented evidence of the purchase of a specific service.
- We publish all reviews (both positive and negative) and do not interfere with their content, we do not offer additional benefits related to issuing an opinion or withdrawing it.
- For the above reasons, we can ensure that the opinions available on the ecommercelegal.pl shop website are verified and authentic and reflect the actual shopping experience.
- Opinions on the ecommercelegal.pl shop may be posted on the websites of other entities. In the case of such opinions, the principles applied by these entities apply to assessing the credibility and authenticity of the opinion. For its part, ecommercelegal.pl makes every effort to ensure that opinions about the shop are always reliable and authentic.
- All rights to the Shop and the services offered, including intellectual property rights, property and personal copyrights, belong to the Seller. Without the consent of the Seller, it is not possible to duplication, processing of content offered by the Seller.
- The Seller reserves the right to make changes to the Regulations for important reasons, such as, for example, changes in the law. The Seller reserves the right to change the prices of services and promotions without prejudice to contracts concluded before these changes.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply.
- None of the provisions of the Regulations serve to limit consumer rights, guaranteed by the Act on consumer rights and other legal acts.
- The Seller agrees to submit any disputes arising in connection with the concluded contracts through mediation proceedings.
- The consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims. The consumer has the option, for example:
- apply to a permanent amicable consumer court with a request to settle the dispute,
- apply to the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute,
- use the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
- The consumer may use the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/
- More detailed information can be found at: https://polubowne.uokik.gov.pl/.
Sample statement of withdrawal from the contract - using the following template is not mandatory, but only recommended.
on withdrawal from a distance contract
I,………….……………, hereby inform about my/withdrawal from the contract of sale of the following goods: ………………………………..……
I am asking for a refund of PLN ................... (in words ......................... ......................................zlotys)
to the bank account number: ......................................................... ..................................................... ........
The date of conclusion of the contract……………………
Signature of the consumer(s)