TERMS OF USE

  1. GENERAL PROVISIONS
  1. The Regulations define the rules for the use by Users, including Buyers, of the Store run by the Seller.
  2. The Regulations are made available continuously on the Store’s website in a way that allows Users to obtain, reproduce and record its content.
  1. DEFINITIONS

Terms used in the Regulations shall mean:

  1. Seller – SP ConsultBroker Sp. z o.o. with its registered office in  Warsaw, (02-001 Warsaw, Aleje Jerozolimskie 89/43), entered into the register of entrepreneurs kept by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW. WARSAW IN WARSAW, XIII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under KRS number 0000341637, with share capital in the amount of PLN 5000.00, with tax identification number NIP: 1182014705, REGON: 14209556500000, e-mail: [email protected]
  2. Store – a collection of websites and IT tools (website) managed by the Seller and allowing Users to conclude Sales Agreements or Service Agreements, available in the Internet domain: ecopernic.shop
  3. Buyer – a User who has concluded a Sales Agreement or a Service Agreement as part of the Store.
  4. Sales Agreement – an agreement concluded in the Store on the terms resulting from the Regulations between the Seller and the Buyer, the subject of which is the sale of items to the Buyer.
  5. Service Provision Agreement – an agreement concluded in the Store on the terms resulting from the Regulations between the Seller and the Buyer, the subject of which is the provision of services or services by the Seller to the Buyer.
  6. Agreement – includes the Sales Agreement and the Service Contract.
  7. Registration form – a form available in the Store, allowing you to create an Account.
  8. Regulations – these Regulations of the Store.
  9. Materials – information contained on the Store’s websites, m.in. names and descriptions, as well as photos and graphic illustrations of goods, designations of producers of goods.
  10. User – an Internet user using the Store, purchasing or intending to purchase goods or services presented by the Seller through the Store.
  11. PayU, Przelewy24, Stripe – external entities which, as payment processors, provide it to  Customers with various methods of making Payments, accept  Customer Payments, confirm it to the Seller when the Payment is made and transfer  these Payments to the Seller’s account.   
  12. Newsletter – a service provided by the Seller, consisting in sending information electronically, including commercial information, and concerning, in particular, the Seller and its products, the electronic sales industry, news, promotions and commercial offers.
  13. Consumer – a User who is a natural person performing a legal act in the Store not directly related to its business or professional activity.
  14. Entrepreneur with consumer rights – an entrepreneur making a purchase not related to professional activity, a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.

III. GENERAL TERMS OF USE OF THE STORE

  1. A User who is a natural person may use the Store provided that they have full legal capacity.
  2. A User who is not a natural person may use the Store through persons authorized to act on his behalf, taking into account the provisions contained in the section REGISTRATION IN THE STORE, in point 4.
  3. The User may use the Store via devices that communicate with the Internet (computer, telephone), using a web browser.
  4. The User is obliged to provide true, current and complete data in the forms referred to in the REGISTRATION IN THE STORE section, in points 2 and 3 and to act in accordance with the terms of the Regulations. The data provided by the User may not violate the provisions of the currently applicable law and personal rights and rights of third parties.
  5. The use by the User of the Seller’s name, Store logo, Materials and components of the Store other than Materials (including graphic elements of the Store and the layout and composition of the Store – the so-called layout) is prohibited, except for situations clearly indicated in the Regulations or when the use of the objects of copyright and industrial property indicated in this point is possible on the basis of the express written consent of the Seller or authorized third parties (in  including producers or distributors of goods or services). It is forbidden for the User to take any actions aimed at recreating the Store, including in particular on websites and Internet domains associated with the User.
  6. The User is obliged not to disclose to third parties his login and password of access used to log in to the Store.
  1. REGISTRATION IN THE STORE
  1. Users have the opportunity to:
    1. use the Store, including concluding Agreements, without the need to register
    2. register in the Store using the registration form.
  2. Conclusion of the Agreement for the purchase of a given good or service without prior registration in the Store is possible, subject to the other provisions of the Regulations, after meeting the following conditions jointly:
    1. correct completion of the electronic online form available on the Store’s website by providing the required data.
    2. acceptance of the Regulations.
  3. Registration in the Store:
    1. To create an Account in the Store, correctly completing the electronic registration form available on the Store’s website by providing the required data,
    2. acceptance of the Regulations,
    3. Creating an Account in the Store is free.
    4. Logging in to the Account is done by entering the login and password established in the Registration Form.
    5. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in the Journal of Directors, point 1.
    6. In the case of a legal person and an organizational unit without legal personality, registration in the Store, as well as all other activities of this entity in the Store, may only be performed by a person who is authorized to perform on behalf of this entity all activities related to the use of the Store (including registration) and to perform all rights and obligations of this entity as a User (including the Buyer).
  4. The Seller may request the credibility of the data provided by the User, including in the case of updating the User’s data, by sending the required documents to the Seller.
  5. In the event of any change in the User’s data provided during registration, the User should update them before concluding the next Agreement, using the appropriate form available in the Store.
  6. Upon registration in the Store, a User account is created, constituting a set of resources in which information about the User and his activities within the Store in connection with the concluded Agreements is collected. As part of his account, the User has, m.in. access to the history of his orders in the Store.
  1. PLACING ORDERS IN THE STORE – CONCLUSION OF THE CONTRACT
  1. The User, browsing the store’s websites, in particular presenting goods, services and shipping costs, has the opportunity to familiarize himself with their description, features, technical parameters, price and shipping cost and additional costs. The Seller undertakes to present on the above pages clear and reliable information enabling the User to get acquainted with its offer.
  2. Before placing an order, the User places in the virtual basket the goods or services of his choice, which he intends to purchase. The Virtual Basket is a tool that allows the User to aggregate selected goods/services before purchasing them, convert the value of goods/services collected in the basket and recalculate delivery costs. When selecting goods/services, the User can freely manage the contents of the basket by adding more goods/services to the basket or removing them from the basket.
  3. After the final selection of goods/services to be purchased, the User is directed to the online form used to place orders in the Store. The order form may consist of component forms used to specify:
    1. delivery address
    2. Delivery method
    3. the method of payment for the goods/services
  4. Placing an order constitutes an offer within the meaning of the Civil Code, submitted by the User to the Seller. After receiving the order, the Seller verifies whether the order has been placed correctly (in accordance with the provisions of the Regulations). If the Seller finds that the order has been placed incorrectly, the Seller will inform the User about it.
  5. After placing a correct order, the Seller immediately sends the User information about the acceptance of the order (acceptance of the offer) to the e-mail address (e-mail) provided when placing the order or during registration. The contract for a given good or service is concluded when the Seller sends the User information about the acceptance of the order.
  6. In the case of a Service Agreement, the Seller shall notify the Buyer before placing an order about the minimum period for which the Agreement is to be concluded, if it concerns continuous or periodic performance.
  7. In the case of promotional sales or sales in the Store, a limited number of goods or services covered by this form of sale is provided for sale. The order is processed in the order in which confirmed orders are received, until stocks covered by the promotion or sale are exhausted. If the order cannot be executed due to the sale of goods, the Buyer will be immediately informed and will receive a refund of payment on the general terms indicated in the section regarding the execution of the order.
  8. The seller issues a receipt or invoice as proof of purchase. The buyer who does not indicate when placing the order the desire to receive an invoice will receive a receipt.
  9. The photos and other forms of visualization and presentation of goods presented on the Online Store websites do not reflect the actual size – they are only informative. In the event of non-compliance of the goods with the description or photograph and when the goods are damaged, the Buyer should immediately inform the Store’s staff.
  1. PAYMENT OF THE PRICE
  1. The Customer is obliged to pay the price for the goods/services ordered in the Store, including delivery costs, no later than within 7 days from the date of purchase, with the proviso that the payment is made on delivery.
  2. Payments for goods purchased in the Store by the Buyer or ordered services (price and delivery costs) are made using payment tools made available in the Store and on the terms specified by the Seller. The available payment methods are listed on the “Payment methods” page.
  3. All prices in the Store are gross prices including value added tax (VAT) in the amount resulting from separate regulations. The costs of delivery of goods / services to the User are given separately on the page “Time and costs of delivery”.
  4. The User purchases goods and orders services according to the prices and delivery costs applicable at the time of placing the order. The amount of delivery costs depends on the delivery method chosen by the User.
  5. The Seller reserves the right to change prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by entities performing deliveries. This provision does not apply to orders effectively placed.

VII. DELIVERY

  1. Delivery takes place to the address indicated by the Buyer within the time specified in the offer, with the exception of products “to order”, whose delivery time may be longer, about which the customer is informed.
  2. The seller transfers the goods for shipment within the time specified in the description of the goods, not longer than 21 days. Each time the item description includes the estimated delivery time of the goods.
  3. The place of performance related to the purchase of goods in the Store is the delivery address indicated by the Customer, with the exception of goods collected personally by Customers, where the place of performance is a personal collection point selected by the Customer.
  4. If the Seller cannot perform the service due to the fact that the goods or services are not available, he shall immediately, but at the latest within thirty days from the conclusion of the Agreement, notify the Buyer and return the entire sum of money received from him, if any sum has already been paid.
  5. In the event that the Seller cannot perform the obligation due to even a temporary inability to perform the performance of the properties ordered by the consumer, he may release himself from the obligation by providing a substitute service corresponding to the same quality and purpose and for the same price or remuneration, at the same time informing the consumer in writing about his right not to accept this performance and withdraw from the contract with the return of the item at the expense of the Seller.
  6. If, at the time of receiving the parcel, the packaging bears traces of damage or interference with its contents, please immediately report this fact to the courier company and the Store staff. Damage to the package does not affect the complaint filed by the consumer or entrepreneur with the rights of a consumer making a purchase for professional purposes, if he notices damage to the shipment, he is obliged to report this fact and write an appropriate protocol within 60 minutes from the moment of noticing the damage.

VIII. NEWSLETTER

  1. To use the Newsletter, a computer with Internet access, a standard web browser and an active and properly configured e-mail are required.
  2. The Newsletter is a free service provided by the Store for Users who are not Buyers and Users registered in the Store in accordance with Chapter III of the Regulations consisting in informing Users about promotions, competitions, events, new products by periodically sending content electronically in the form of an e-mail.
  3. In order to use the Newsletter, you should:
    1. fill in the Newsletter subscription form available on the Store’s websites and agree to receive commercial information by electronic means or
    2. agree to send commercial information during registration in the Store.
  4. Resignation from receiving information as part of the Newsletter is possible by completing the Newsletter subscription form on the Store’s websites, as well as by clicking on the link available in the message sent as part of the Newsletter.
  5. The User does not incur any fees towards the Seller for the use of the Newsletter. The User is obliged to bear the costs of data transmission via the Internet related to the use of the Newsletter.
  1. PERSONAL DATA PROTECTION
  1. The Seller collects and processes the personal data provided by the Users in accordance with applicable law and in accordance with the Privacy Policy.
  1. COMPLAINT PROCEDURE
  1. The Buyer may submit complaints to the Seller regarding the Seller’s operation and use of the Store.
  2. Complaints may be submitted in electronic form using the contact form available in the Store on the “Company data or contact” page or in writing to the Seller’s address provided in the upper part of the Regulations. The complaint should include at least:
    1. name, surname, address, e-mail address of the Buyer,
    2. the date of conclusion of the Agreement constituting the basis for the complaint,
    3. the subject of the complaint, indicating the Buyer’s request,
    4. all circumstances justifying the complaint,
  3. The Buyer will be informed about the settlement of the complaint by e-mail or traditional mail.
  4. The Store recognizes the complaint within 14 days from the date of its receipt in the correct form.
  5. If the purchased goods are covered by a warranty, e.g. of the manufacturer, importer, Seller, etc., the scope of which is confirmed by a guarantee document issued together with the goods, regardless of other complaint rights, the Buyer may file a complaint, referring to the scope of the guarantee granted.
  6. If the complaint is justified, the Seller will remove the defect or replace the defective goods with a new, full-fledged one, and if this is not possible (e.g. due to the exhaustion of goods), then it will return to the Buyer the equivalent of the price of the goods or offer a choice of other goods available in the store. The parties may agree on a different way of considering the complaint. The Consumer or Entrepreneur with the rights of a Consumer may, instead of removing the defect proposed by the Seller, demand replacement of the item with a defect-free one or instead of replacing the item, demand removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the Seller. The buyer may not withdraw from the contract if the defect is irrelevant. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found, and the inconvenience to which the buyer would otherwise expose himself are taken into account.
  7. If there is a need to return funds for a transaction made with a payment card, the seller made a refund to the bank account assigned to the payment card. The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of refund, which does not involve any costs for him.
  8. The advertised goods being the basis for the complaint should be sent by the Buyer at the request of the Seller to the address of the store. The costs associated with sending the complained goods back to the Seller shall be borne by the Buyer. If the complaint is accepted, the costs of returning the goods will be reimbursed by the Seller.
  1. WITHDRAWAL FROM THE CONTRACT, TERMINATION, GUARANTEE
  1. Pursuant to the Act of 30 May 2014 on consumer rights, the Buyer who is a consumer may withdraw from the Agreement without giving reasons within 14 days from the date of receipt of the goods, and if the Agreement concerned the service – within 14 days from the date of conclusion of the Agreement for the provision of services, subject to paragraph 5 below.
  2. To meet the withdrawal deadline, it is sufficient to send a written statement of withdrawal in paper form or by e-mail. For this purpose, the Buyer may use the model statement made available, m.in. on the “Complaints and returns” page. Immediately after receiving the statement, the Seller will send a confirmation of receipt to the Buyer on a durable medium.
  3. In the event of withdrawal from the Agreement, the Agreement is considered void. What the parties have rendered shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return should take place immediately, no later than within fourteen days.
  4. In the case of prepayment made by the Buyer, the Seller is obliged to refund the price together with statutory interest calculated from the date of prepayment.
  5. Withdrawal from the Agreement by the Buyer who is a consumer or entrepreneur with consumer rights is not possible in cases where the benefits and goods from the purchase of which, in accordance with applicable law, cannot be withdrawn, are returned, e.g.:
    1. If 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,
    2. In the case of 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 to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
    3. In the case of contracts for the provision of services, if the entrepreneur 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 entrepreneur he will lose the right to withdraw from the contract.
    4. In the case of sales contracts in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract.
    5. If the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.
  6. If the duration of the Service Agreement is not specified, either party may terminate it without giving reasons, within a one-month period, unless the parties have agreed on a shorter notice period.
  7. The Buyer who is a consumer and an entrepreneur with consumer rights withdrawing from the contract is obliged to return the goods to the Seller immediately, no later than within 14 days from the date of submitting the statement of withdrawal from the sales contract.
  8. The buyer who is a consumer or an entrepreneur with consumer rights is liable for reducing the value of the goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
  9. The refund of the amount paid will be made immediately, but no later than within 14 days from the date of withdrawal from the contract. The Seller shall reimburse the Buyer for the costs of delivery of the item, with the exception of additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest usual method of delivery offered by the Seller. At the express request of the Buyer, the Seller may refund the amount using the method indicated by the Buyer, but the Seller does not incur additional costs related to the change of the refund method.
  10. The seller shall refund the payment using the same method of payment as used by the Buyer, unless this person has expressly agreed to a different method of return that does not involve any costs for him. If there is a need to return funds for a transaction made by the customer with a payment card, the Seller will refund it to the bank account assigned to the Buyer’s payment card.

XII. PROVISION OF ELECTRONIC SERVICES

  1. The provisions of this section of the Regulations constitute regulations within the meaning of art. 8 of the Act of 18 July 2002 on the provision of electronic services.
  2. The Seller provides the following services via the Online Store:
    1. enabling the placement of an order via the order form,
    2. the service of maintaining the User Account after registration in the store,
    3. the opportunity to familiarize yourself with the content of the website and the presented goods.
  3. Technical requirements necessary for cooperation with the ICT system through which the Seller provides electronic services:
    1. access to the Internet,
    2. active e-mail account,
    3. An up-to-date web browser.
  4. The contract for the provision of electronic services consisting in enabling you to read the content of the website is concluded when you start browsing the Store’s website.
  5. The contract for the provision of electronic services consisting in enabling the placement of an order via the appropriate form is concluded for a definite period of time and is terminated upon completion of the order. The service is free of charge.
  6. The Account maintenance service is provided from the moment of effective registration of the User, i.e. from the moment of completing the registration form, and accepting these regulations. The Account maintenance service is provided free of charge for an indefinite period.
  7. The User may at any time and without indicating the reason terminate the contract for maintaining the Account or receiving the Newsletter by sending an appropriate statement via e-mail or in writing to the Store’s address, or by clicking on the appropriate option included in the e-mail.
  8. The User may submit a complaint via e-mail or in writing to the address of the Store. The Seller shall consider the complaint within no more than 14 days from the date of its receipt, informing the Buyer immediately about its results. The User is obliged to use the Store in a manner consistent with the law and decency, bearing in mind respect for personal rights and copyrights and intellectual property of the Seller and third parties.
  9. The Seller is not responsible for the inability of Users to use the Store caused by force majeure.
  10. The Seller reserves the right to interruptions in access to the Store caused by its technical service, maintenance work or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that these breaks take place at night and last as short as possible. The Seller is not responsible for improper use of the Store by the User, preventing proper operation.

XIII. FINAL PROVISIONS

  1. The Seller reserves the right to change the provisions of the Regulations. The change comes into force upon publication of the amended Regulations on the Store’s website in relation to the Store in which the Sales Agreement or the Agreement for the provision of services (of a one-off nature) is concluded, subject to the provisions of point XIII.3 of the Regulations.
  2. The amendment to the Regulations does not apply to Agreements concluded before the entry into force of the new Regulations. In the case of concluding the Agreements referred to in the preceding point, after the entry into force of the amended Regulations, the Buyer will be asked to accept the new Regulations.
  3. In the case of Stores in which a contract for the provision of services of a continuous or periodic nature is concluded, the amendment to the Regulations enters into force on the date indicated by the Seller, but not earlier than after 45 days from the date of publication of the amended Regulations on the Store’s website and simultaneous notification of Users to the e-mail address assigned to the account.
  4. In the absence of acceptance of the content of the new Regulations, the User has the option of terminating the Agreement for the provision of services of a continuous or periodic nature in the mode provided for in point XI.5 of the Regulations.
  5. If the periodic service expires during the notice period of the Agreement, the Agreement shall be terminated at that time and shall not be extended for another period.
  6. In all matters not covered by these Regulations, the provisions of generally applicable Polish law shall apply. In matters concerning third party services, i.e. payment processors (including the use of the user’s login and password on those services), the relevant provisions  of the regulations of these third parties shall apply.
  7. Any disputes related to the services provided by the Seller as part of the Store will be resolved by the competent Polish common courts.
  8. Users who are consumers have the opportunity to use an out-of-court method of dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection. Information on how to access the above-mentioned dispute resolution procedure and procedures can be found at the following address: www.uokik.gov.pl , in the “Consumer Dispute Resolution” tab.
  9. Communication with the Seller made by the User results in the User incurring costs resulting from contracts concluded by him with third parties for the possibility of using certain forms of distance communication. The seller does not charge any additional fees or benefits for the possibility of communicating with him.
  10. The User may access the Regulations at any time by saving its content in PDF form.