ONLINE STORE REGULATIONS
from May 24, 2018 - in force
I. Definitions
The terms used in the Regulations mean:
1.1 Customer – a natural person, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order within the Store;
1.2. Consumer – in accordance with Article 22[1] of the Civil Code, means a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
1.3. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
1.4. Regulations – these Regulations for the provision of electronic services within the elsior.com online store;
1.5. Online Store (Store) – the online service available at www.elsior.com, through which the Customer may, in particular, place Orders;
1.6. Goods – products presented in the Online Store;
1.7. Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between Elsior fencing Sp. z o. o. and the Customer, concluded via the Store's website;
1.8. Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827);
1.9. Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
1.10. Order – a declaration of intent by the Customer, directly aimed at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.
1.11. Administrator - means Elsior fencing spółka z ograniczoną odpowiedzialnością with its registered office in Kraków (31-036), ul. Halicka 10/2, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division under the KRS number 0000583943, Tax Identification Number (NIP): 677-239-46-11, Regon:362896869 , which provides services electronically and stores and gains access to information on the User's devices.
1.12. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
II. General provisions
2.1. These Regulations define the rules for using the online store available at www.elsior.com.pl
2.2. These Regulations are the regulations referred to in Article 8 of the Act on the provision of services by electronic means.
2.3. The online store operating at www.elsior.com.pl is operated by Elsior fencing Sp. z o. o. with its registered office in Kraków, Poland at ul. Halicka 10/107, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division under the KRS number 0000583943, Tax Identification Number (NIP): 677-239-46-11, and National Business Registry Number (REGON): 362896869, share capital PLN 27 200, fully paid up.
2.4. These Regulations specify in particular:
a) rules for registering and using an account in the online store;
b) terms and conditions for placing Orders electronically within the online store;
c) rules for concluding Sales Agreements using the services provided within the Online Store.
2.5. The principles for the processing of personal data are specified in the Privacy and Cookies Policy document, available as a link on the website www.elsior.com
2.6. The use of the online store is possible provided that the IT system used by the Customer meets the following conditions:
2.7. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access.
2.8. Customers can access these Regulations at any time via the link on the home page of www.elsior.com, download them, and print them.
2.9. Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
III. Personal data protection
3.1. The Administrator ensures the security of the transferred data and the implementation of CUSTOMERS' rights arising from the GDPR. CUSTOMERS have the right to access their personal data and to rectify it or request its complete deletion (unless this is contrary to legal provisions) or to restrict the processing of their personal data at any time. To do this, you can use the user account data update function in the store program or send a request (e.g., to the email address provided) specifying the request for changes or deletion of data from the register.
3.2. The CUSTOMER has the right to receive data concerning them in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller, without hindrance from the CONTROLLER from whom the data will be retrieved (Article 20, paragraph 1). Where technically feasible, the CUSTOMER may request the CONTROLLER to transmit their data directly to another controller (Article 20, paragraph 2).
IV. Rules for using the Online Store
4.1. The condition for starting to use the Online Store is registration within it.
4.2. Registration takes place by completing and accepting the registration form available on one of the Store's pages.
4.3. Registration is conditional upon consent to the Terms and Conditions and providing personal data marked as mandatory.
4.4. Elsior Fencing Sp. z o. o. may deprive the Customer of the right to use the Online Store, as well as limit his or her access to some or all of the Online Store's resources, with immediate effect, in the event of a breach of the Regulations by the Customer, and in particular when the Customer:
a) provided false, inaccurate or outdated data, misleading or violating the rights of third parties during registration in the online store,
b) committed an infringement of the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store,
c) engages in other behaviors that are deemed by Elsior fencing Sp. z o.o. to be inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of Elsior fencing Sp. z o.o.
4.5. A person who has been deprived of the right to use the online store may not re-register without the prior consent of Elsior fencing Sp. z o. o.
4.6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the acquisition and modification by third parties.
unauthorized personal data transmitted over the Internet.
4.7. The Customer is obliged in particular to:
a) not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
b) use the Online Store in a way that does not disrupt its operation, in particular through the use of specific software or devices,
c) refrain from taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
d) use the Online Store in a manner that is not burdensome to other customers and to Elsior fencing Sp. z o. o.,
e) use all content posted on the Online Store only for personal use,
f) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
V. Procedure for concluding the Sales Agreement
5.1. In order to conclude a Sales Agreement via the Online Store, please visit the website www.elsior.com, select the product and, in some cases, the type, e.g. color, size, version, and perform subsequent technical actions based on the messages displayed to the Customer and the information available on the website.
5.2. The Customer selects the Goods to be ordered by adding them to the shopping cart.
5.3. When placing an Order – until the "I confirm my details and place my order with payment obligation" button is clicked – the Customer can modify the entered data and the Product selection. To do this, the Customer should follow the displayed messages and the information available on the website.
5.4. After the Customer using the Online Store has provided all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include information regarding:
a) the subject of the order,
b) the unit and total price of the ordered products or services, including delivery costs
and additional costs (if any),
c) selected payment method,
d) selected delivery method,
e) delivery time.
5.5. In order to send an Order, it is necessary to accept the Regulations, provide personal data marked as mandatory and press the "I confirm the data and place the order with the obligation to pay" button.
5.6. Sending an Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement with Elsior fencing Sp. z o. o., in accordance with the Regulations.
5.7. After placing the Order, the Customer receives an e-mail entitled "Confirmation of receipt of order no. (...)", containing the final confirmation of all essential elements of the Order.
5.8. The Agreement is deemed concluded upon receipt by the Customer of the e-mail message referred to above.
5.9. The sales contract is concluded in Polish, with the content consistent with the Regulations.
5.10. The essential provisions of the Goods Sale Agreement are recorded, secured, made available and confirmed to the Customer by sending them to the e-mail address provided by the Customer along with the sales document at the time of sending the Order and by attaching a printout of the Order confirmation to the shipment containing the Goods.
VI. Delivery
6.1. Delivery of the Goods takes place to the address indicated by the Customer when placing the Order.
6.2. Ordered Goods are delivered by courier, post, or to a parcel collection point. Delivery costs are specified on the "Delivery Costs" page, which the Customer can access at any time using the link in the footer of the Online Store. Additionally, delivery costs will be indicated at the time of placing the Order. The Online Store reserves the right to waive delivery costs for orders over a certain value, which will be announced on its website.
6.3. The delivery time is from 1 to 21 business days from the date the Customer sends the Order.
VII. Prices and payment methods
7.1. Prices of Goods are given in Polish zloty and include all components, including VAT, customs duties and all other components.
7.2. The customer has the option to pay the price:
a) by transfer to the bank account number indicated when placing the Order b) by online payment via przelewy24.pl, PayU,
c) payment by Visa, MasterCard, Diners Club, JCB card.
d) upon receipt of the Order shipment (shipment type: cash on delivery). Payment is made in cash to the courier upon receipt of the product or at the selected pickup point.
VIII. Right of withdrawal
8.1 You have the right to withdraw from this contract within 14 days without giving any reason.
8.2 The withdrawal period expires 14 days from the date on which you or a third party other than the carrier and indicated by you came into possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email):
Elsior fencing Sp. z o. o.
Halicka Street 10/2
31-036 Krakow, Poland
e-mail: elsior.pl@gmail.com
tel. 53 552 42 75
8.3 You may complete and submit a withdrawal decision or any other clear statement.
8.4 In order to meet the withdrawal period, it is sufficient for you to send information concerning the exercise of your right to withdraw from the contract before the expiry of the withdrawal period.
8.5 Consequences of withdrawal from the contract
If you withdraw from this contract, we will reimburse you all payments received from you, including the costs of delivery (excluding the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision to exercise the right to withdraw from this contract. If you are returning only part of the products from your order, we will reimburse the shipping costs proportionally to the goods returned and retained.
8.6 We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.7 We may withhold reimbursement until we have received the goods or until you have provided us with proof that you have sent back the goods, whichever is the earlier.
8.8 You are only liable for any reduction in the value of the item resulting from its use in a manner other than necessary to establish the nature, characteristics and functioning of the item.
8.9 Please send back or hand over the goods to our warehouse address (full address) immediately and in any event no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the deadline.
deadline of 14 days.
8.10 You will be responsible for the direct cost of returning the item. In some cases, we may collect the item from you at our expense or provide you with a shipping label for free return shipping via a common carrier. This option may be limited in time (e.g., during a promotion), and we will inform you of this before you place your order.
8.11 Exceptions to the right of withdrawal
The right to withdraw from the contract by the Customer is excluded in the cases specified in Article 38 of the Consumer Rights Act, in particular:
a. when the purchased goods are non-prefabricated items that were manufactured according to the Customer's specifications or were designed to meet their individual needs (Article 38, point 3 of the Consumer Rights Act). This applies to products that were manufactured based on the Customer's individual choice or decision.
b. when the purchased goods cannot be returned after opening the packaging due to health protection or hygiene reasons. By purchasing such products, the Customer loses the right to withdraw from the contract in accordance with Article 38, point 5 of the Consumer Rights Act, if the goods are delivered in sealed packaging and the packaging is opened after delivery.
IX. Complaints about Goods
9.1. One Project Sp. z o. o., as a seller, is liable to the Customer who is a consumer within the meaning of Article 22[1] of the Civil Code, under the warranty for defects.
to the extent specified in the Civil Code.
9.2. Complaints arising from a violation of the Customer's rights guaranteed by law or under these Regulations should be sent to elsior.pl@gmail.com or in writing to: Elsior fencing Sp. z o.o. ul. Halicka, 10/2 Kraków, 31-036, Poland . Elsior fencing Sp. z o.o. undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within that period when the complaint will be considered.
9.3. Complaints should be sent to the Online Store's office address:
Elsior fencing Sp. z o. o. ul. Halicka, 10/2 Kraków, 31-036, Poland
X. Complaints regarding the provision of services by electronic means
10.1. Elsior fencing Sp. z o. o. takes steps to ensure the proper operation of the Store, to the extent resulting from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
10.2. The Customer is obliged to immediately notify Elsior fencing Sp. z o. o. of any irregularities or interruptions in the operation of the Online Store website.
10.3. The Customer may report any irregularities related to the operation of the Store in writing to the following address: Elsior fencing Sp. z o.o. ul. Halicka, 10/2 Kraków, 31-036, Poland, by e-mail to elsior.pl@gmail.com or using the contact form on the Contact page.
10.4. In the complaint, the Customer should provide his/her name and surname, correspondence address, type and date of occurrence of the irregularity related to the operation of the Store.
10.5. Elsior Fecing Sp. z o. o. undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.
10.6. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means and other relevant provisions of Polish law shall apply.