REGULATIONS OF PURCHASES AND USING THE PORTAL
- As a Consumer, User must accept Terms before placing an order. After accepting It is obliged to follow accepted rules.
- Terms may be changed, but those changes will not apply to any order placed before.
- It is important to familiarize yourself with Terms before placing every order.
- Contract of purchasing products through our Site between us and User will be named ‘Contract’.
- Consumer – User, a natural person completing a legal transaction with Entrepreneur through elwariato.com which is not related to their business or professional activity.
- Entrepreneur – Fit Lovers Mateusz Janusz, with its headquarters: Kellera 25/1, Lębork registered at Centralna Ewidencja and Informacja o Działalności Gospodarczej lead by Minister of Economy, REGON: 361422550, NIP : 8411716129
- User – every person placing an order in Online Shop
- Online Shop – Online shop lead by the Entrepreneur with URL adress: https://elwariato.com
3. USING THE SITE
Using the Site, User is obliged to:
- Not placing fake orders. In case of suspecting such an order, we can contact the User (depending on the contact details we would have) in order to verify the order. We have the right to cancel the order if the suspicions are confirmed.
- Provide us with their address email and corresponding address and (or) other contact details. If the user does not provide us with all the information needed, he will not be able to place an order. Placing an order on the Site, User declares to be at least 18 years of age with full legal capacity(is able to enter into a contract).
4. PLACING AN ORDER
- In order to make a purchase, the User needs to follow the whole procedure of online purchase: add the product to the chart, choose the delivery method and complete the payment.
- If the User realizes (after placing an order) that there is any mistake in the order (product, the number of products or any data) they need to notify us immediately.
- An email confirming the order is not equivalent to acceptance of the order; it is a confirmation of receiving the User’s order.
- After the order is processed and ready for shipping, we send an email with the acceptance and order details to the User. As we want to make sure that the chosen product is available, we will not accept the order before it is ready to be shipped.
- If the ordered product is not available in the magazine, you will be sent an email confirming the shipment when the product will be available and ready to be shipped, which will not last longer than predicted after choosing the payment method.
- Once the shipment is sent and the User receives an e-mail with confirmation, the contract between us and User is concluded.
- Together with confirmation, the User receives the content of Terms which is the contract.
- The order placed by the User is registered and stored in our system.
- Accounting documents confirming the contract concluded through our Site are stored for 5 years.
- We will deliver the product within 2-14 working days since the moment of receiving the money. If the time of delivery was not given in confirmation, it will not last longer than 30 days since the contract conclusion.
- It may happen that we will have a delay in delivery. In such a case, we will contact the User and set a new delivery date. If the User does not accept it, they are able to withdraw from the contract. He will be immediately given back all the money paid.
- The delivery is complete in the moment of signing up the confirmation of receiving the ordered product.
- We do not deliver on Saturdays and Sundays.
6. IMPOSSIBILITY OF DELIVERY
- If the User is not able to take the delivery at a specific date, we will give them an additional date to do it.
- If the User does not take the delivery in additional date, we have the right to cancel the contract.
- If it happens, all the money paid will be given back to the User.
7. OWNING THE PRODUCTS
- Once the delivery is complete, User takes all the risk related to the products.
- Once the delivery is complete, User is the only owner of the products.
8. PRICE AND PAYMENT
- Prices given on the Site include VAT. Prices do not include shipping costs which are given after choosing the shipping and payment method.
- Prices can be changed anytime.
- During the process of placing the order, but before payment, the User can change order details.
- User can complete the payment with the following methods:
- wire transfer
- via Przelewy24 platform
- cash on delivery
9. RETURNS AND REFUNDS
- The Consumer may cancel the contract without giving reasons, making a statement in writing, within 30 days of receipt of goods. If products from one order are delivered separately, the 30 days period begins when the last product is delivered.
- User can use the withdrawal form attached to the Terms. It is not obligatory.
- The consumer can not cancel the contract if its subject is the delivery of one of the following:
- Product not remanufactured, manufactured according to Consumer’s preferences or individualized;
- Audio and visual records or computer programs delivered in sealed packing after opening it after delivery;;
- Specific goods delivered in sealed packing after opening it after delivery due to health and hygienic care.
10. CONTRACT WITHDRAWAL RESULTS
- If Consumer cancels the contract we give them 100% refund using the payment method that was chosen while placing an order unless they agree on the different payment method which does not cause any additional charges for Consumer.
- Refund will not last longer than 14 days since the day when we are informed about contract cancelation.
- If the Consumer decides to return the product(s) themselves, we have the right to return the money after receiving the products or the evidence of sending it to us. Depending on what will take place first.
- If the Consumer decides to return the product(s) themselves (did not choose return method offered by us), they need to return it within 14 days after informing us about contract cancelation.
- The consumer must cover indirect costs.
- The consumer is in charge of the product’s destruction caused by inappropriate use.
11. WARRANTY FOR DEFECTS
- According to the Civil Code (art. 556 i nast. ustawy z dnia 23 kwietnia 1964 roku Kodeks cywilny (Dz.U. z 1964, Nr 16, poz. 93, z późniejszymi zmianami), if a bought product has defects, User who is a Consumer can have a complaint.
- If a product has a defect, the User who is a Consumer can have a complaint according to the Civil Code. The complaint can be based on a warranty for defects. The consumer has a right to free repair or exchange, price reduction or product return in case of its defects. It is possible if the defects occurred within 2 years after product delivery.
- It is not necessary to submit a receipt.
- Within 2 years since product delivery, Consumer can ask for an exchange of the product with the defect for one without the defect or ask for defect removal, unless it is impossible or generates higher costs compared to the solution suggested by us.
- Costs estimates include undamaged product value and the type of defect.
- We will process the complaint within 30 days.
- Product is defected if:
- Has no features determined in the contract;
- Has no features shown in products’ samples;
- It is not possible to be used in purposes presented by us when concluding an agreement;
- It is not complete.
- The consumer must write and complain or do it via email using the entrepreneur’s addresses given in Terms.
- It is advisable to include a brief description of the defect, date of appearance, complaining Consumer’s data and Consumer’s demands due to the product’s defect.
- We will process the complaint within 14 days.
- The processing period begins after receiving a complaint unless the product needs to be examined more precisely. Then the processing period begins when we receive a returned product.
- We may exceed the period of processing the Consumer’s complaint if necessary.
13. VIRUSES, PIRACY AND OTHER CYBER ATTACKS
- It is forbidden to implement harmful materials, viruses, trojan horses, etc. on the Site on purpose.
- Every attempt of unauthorized access to the Site and servers, databases and computers which are part of the Site is forbidden.
- User is obliged not to perform any harmful actions which intend to temporarily or permanently disturb Site action. In particular concerning DOS or DDOS.
14. GOVERNMENT LAW
These Terms shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
16. PERSONAL DATA
- The user provides us with their personal data, which are obligatory to complete the order and will be processed only for these purposes, voluntarily.
- User has access to their data and may demand their cancelation or update.
- Administrator of the data is Entrepreneur.