The Ordering Party may place an order in two different ways. The Ordering Party has the right to negotiate all clauses of the contract with the Seller, including the clauses of this document. The negotiations should be provided in writing to the following address: EDORA Piotr Garczyński, Łaska 46/48, 95-200 Pabianice. In case of termination of the negotiations of the contract by the Ordering Party the following terms and applicable laws apply.
1. Postal address - name and surname or the company name, street, building no., premises no., postal code, municipality.
2. Complaint address - DORA Piotr Garczyński Łaska 46/48 95-200 Pabianice
3. Delivery Costs - overview of the available types of delivery and the their costs.
4. Delivery - type of shipment,an indication of the carrier and the costs mentioned in the Delivery Costs at http://www.espee.pl/index.php?page=wysylki
5. Contact Details
EDORA Piotr Garczyński
Telephone: 42 215 76 47
6. Proof of Purchase - invoice, bill or receipt issued pursuant to the Polish Added Tax Act of 11 March 2004 as amended, and other relevant laws
7. Product Page - singular sub-page of the shop containing information about a single product.
8. Customer - an adult person with full legal capacity, legal entity or administrative unit without legal personality having the capacity to perform legal acts, making a purchase directly associated with their business or professional activity from the Seller
9. Civil Code - Civil Code Act of 23 April 1964 as amended.
10. Code of Good Practice - set of rules of conduct, in particular professional and ethical standards as referred to in Article 2 Item 5 of the Counteracting Unfair Commercial Practices Act of 23 August 2007 as amended.
11. Consumer - an adult person with full legal capacity, making a purchase not directly associated with their business or professional activity.
12. Cart - list of items composed of the products available in the shop, based on the choices of the Buyer
13. Buyer - Consumer or Customer
14. location of transfer of items - postal address or collection point specified in the order by the Buyer
15. Time of transfer of items - the time, when the Buyer or a person specified by the Buyer receives the Item
16. Payment - the method of payment for the purchase and the shipment at http://www.espee.pl/index.php?page=platnosci
17. Consumer Law - Consumer Right Act of 30 May 2014
18. Product - a minimum and indivisible amount of Items, which may be the object of the order and is specified in the Seller's shop as a unit of measure in determining the price (price/unit)
19. Object of contract - Products and Delivery subject to contract
20. Object ot the provision - Object of contract
21. Collection location - location of the receipt of Items which is not a postal address, specified in the statement by the Buyer in the Shop
22. Item - item which may be or is subject to the contract
23. Shop - Internet service available at http://espee.pl, through which Buyer can place an order
EDORA Piotr Garczyński
NIP: 731-000-89-85, REGON: 470754456
registered in the records of CEIDG at https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=2e0c20ef-6731-4f43-9c76-c3931553b977 ; bank account 96 1140 2004 0000 3702 7455 8344
25. System - a system of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data through telecommunication networks using appropriate for the type of network user's device, commonly known as the Internet
26. completion date - an amount of hours and work days specified on the Product Page
27. Contract - distance or off-premises contract as defined by Consumer Protection Act of 30 May 2014 for Consumers and Sales Agreement as defined by Article 535 of the Civil Code Act of 23 April 1964 for Buyers
28. Defect - both physical and legal defect
29. Physical defect - non-compliance of the Item with sales agreement, in particular if the Item:
a) does not possess the properties which it should possess due to its purpose
b) does not possess the properties which the Seller claimed
c) is not suitable for the purpose the Consumer informed the Seller about when entering into the contract and the Seller did not object to such a purpose
d) was transferred to the Consumer incomplete
e)was installed and launched improperly, if it was done by the Seller or a third party for whom the Seller is responsible, or by the Consumer, who followed the instructions given by the Seller
f) does not possess the properties assured by the Producer, Representative of the producer or a party who markets the Item, or a person, who by placing their name, trademark or another marking on the Item presents themselves as a producer, unless the Seller was not aware of those properties or, reasonably assessing, could not influence the decision of the Consumer to enter into the contract, or their content was corrected prior to entering the contract.
30. Legal Defect - situation when a sold Item is owned by a third party or encumbered with third party rights as well as the limitation in usage or management of the Item is present due to a ruling or a directive by a competent authority.
31. Order - declaration of intent by the Buyer, placed using the shop, stating clearly: the kind and the amount of products; type of delivery; type of payment; location of transfer of Items;Buyer's details, which leads directly to entering into the contract between Seller and Buyer
§2 General Regulations
1. The contract is entered into in Polish, with accordance to Polish law and these Regulations
2. Location of transfer of items must be located within the territory of the Republic of Poland
3. The Seller is obliged to provide services and deliver Items free of defects
4. All the prices given by the Seller are presented in Polish currency and are gross prices (include VAT). The prices do not include delivery costs, which are presented in the Delivery Costs
5. All deadlines are set according to the Article 111 of the Civil Code, meaning the deadline ends with the last day, and if the beginning of the process set in days is an event, the deadline does not contain said day.
6. Confirmation, access, consolidation, insurance of all the relevant provisions of the contract in order to access to this information in the future take the form of:
a) confirmation of the order by sending to the provided email address: order, information about the right to withdrawal, provisions of this document, a link to download and print a form of withdrawal from the contract.
b) attaching following documents to the realized order, sent to the given location of transfer of items: proof of purchase, information about the right to withdrawal from the contract, this document, a form of withdrawal from the contract.
7. The seller informs about known guarantees provided by the third parties for products available in the shop
8. The seller does not charge for any communication using the means of remote communication, and the Buyer will bear the costs of the contract entered into with the third party providing the service of remote communication
9. The seller will follow the Code of Good Practice
§3 Conclusion of the contract and implementation
1. The order may be placed 24 hours a day
2. In order to place an order, the buyer should follow these procedures, parts of which may be done repeatedly:
a. add a product to the cart
b. select the type of delivery
c. select the type of payment
d. select location of transfer of items
e. place the order by pressing the "Order and pay" button
3. Entering into the contract with the Consumer is valid at the time of placing an order
4. Fulfilment of the order by a customer paid on delivery is fulfilled at once, and the order paid with a bank transfer or through an electronic payment system, after the Consumer's payment has been credited to the Seller's account, which should occur within 30 days after placing the order, unless the Consumer was not able to meet the provision of no fault of their own and informed the Seller about it.
5. conclusion of the contract with the Customer follows the acceptance of the order by the Seller, who informs the Customer about it within 48 hours from placing the order.
6. Fulfilment of the Customer's order by a customer paid on delivery is fulfilled at once, and the order paid with a bank transfer or through an electronic payment system after the Consumer's payment has been credited to the Seller's account
7. Fulfilment of the Customer's order may be conditional to paying in full or part of the amount owed, or obtaining a trade loan at least in the amount of the Order, or Seller allowing to send the order to be paid on delivery.
8. Shipment of the Item takes place within the deadline specified on the product page, and for the orders of multiple Items within the longest deadline specified on the pages of products. Delivery time starts with the moment of fulfilment of the order.
9. Purchased object of Contract is sent with sales document by the means of transport to the address, all specified by the Buyer, along with the attachments specified in §2 Item 6b
§4 Right to withdrawal
1,Consumer has a right to withdraw from the off-premises contract with accordance to Article 27 of Consumer Rights, without stating the reason of doing so and without bearing the costs, not including the costs specified in Article 33, Article 34 Consumer Act
2. Deadline of withdrawal from the off-premises contract is 14 days starting the moment of transfer of the items. To keep the deadline, a statement sent prior to it is enough.
3. The statement concerning withdrawal from the off-premises contract may be placed by the Consumer in a form sent as attachment no.2 to consumer rights, form available to download at http://espee.nazwa.pl/espee/formularz-zwrotu.pdf or any other form in line with consumer Law
4 The seller will immediately notify the Consumer by email (specified during entering into the contract, or a different email address if such was specified in the form) about receiving the form of withdrawal from the contract.
5. In case of withdrawal, the contract shall be considered null and void
6. The consumer must return Items to the seller immediately, no longer than 14 days after withdrawing from the contract. Sending the items before the deadline is considered as fulfillment.
7. The consumer sends items back to the seller at their own cost and risk
8. The consumer does not bear costs of delivery of digital goods, which are not saved to a storage medium if they did not agree to such an obligation before deadline to withdraw from the contract, or were not informed about the loss of their right to withdraw from the contract when giving such a consent, or failed to provide confirmation with accordance to Article 15 Item 1 and Article 21 Item 1 Consumer Right Act
9. The consumer bears responsibility for lowering the value of the Item in question, being a result of using it beyond what is necessary to establish the nature, characteristic and functioning of the Item
10 The seller will return all payments to the consumer immediately, and no longer than 14 days after receiving the form of withdrawal from the contract, including the costs of returning the items, and if the consumer chose an option of delivery other than the regular, the least expensive one, the seller will not return any additional costs the consumer incurred according to Article 33 Consumer Rights
11. The seller will return the payment the same way the consumer placed it, unless the consumer agreed to a different way of payment not bearing any additional costs.
12. The seller may withhold the return of payment until receiving the items from the consumer or a proof of sending the item, whichever is earlier
13. according to Article 38 Consumer Rights, the consumer does not have the right to withdraw from the contract if:
a) the price or remuneration is dependent on the financial market fluctuations, over which the seller has no control and may occur before the deadline to withdraw from the contract expires
b) the produced item is non-prefabricated, produced based on consumer's specifications, or is used to meet their personal needs
c) the item is perishable or has a short shelf life
d) the item is delivered in sealed package, which cannot be returned after opening due to hygenic or health reasons, if the package was opened after delivery
e) items are joined with other products after delivery, due to their characteristics
f) item is a sound or visual recording, or software delivered in a sealed package, if the package was opened after delivery
g) the item is a supply of digital data, not saved to a physical storage device, if the fulfilment of the contract began with the express consent of the consumer, before the deadline to withdraw from the contract, and after informing them by the Company about losing the right to withdraw
h) the contract is for the delivery of newspapers, periodicals, magazines, with the exception of subscription contracts
1. the seller, based on Article 558 Item 1 of the Civil Code, completely excludes liability to customers due to physical and legal defects (warranty)
2. The seller is liable to the consumer as stated in Article 556 of the Civil Code and further (warranty)
3. In case the contract with the consumer, if the physical defect is detected within a year from transferring of the item, it is assumed it existed at the moment of the transition of the problem to the consumer
4. If the item is defected, the consumer may:
a) make a declaration to request a price reduction
b)make a declaration to withdraw from the contract, unless the seller will immediately and without excessive inconvenience for the consumer exchanges defected item for a new item free of defects, or removes the defect. In case when the item was exchanged or repaired by the seller, or the seller did not satisfy the obligation to exchange the item for an item free of defects or remove the defect, they waive their right to exchange the item or remove the defect.
5. The consumer may demand from the seller to exchange the item for a new item, free of defects, instead of the seller removing the defect, or to remove the defect instead of exchanging the item for a new item, unless it is impossible to perform such an action or would involve costs higher than acceptable by the seller, where the costs are calculated based on the value of the item without defects, kind and significance of the defect, as well as inconvenience to the consumer.
6.The consumer may not withdraw from the contract if the defect is insignificant
7.If the sold item is defected, the consumer may also:
a) demand to exchange the item for an item free of defects
b) demand to remove the defect
8. the seller is obliged to exchange the item for an item free of defects or to remove the defect within a reasonable time, without excessive inconvenience to the consumer
9. The seller may refuse to compensate the consumer's request, if bringing the defected item to be in conformity with the contract as specified by the consumer is not possible, or would involve excessive costs in comparison to the solution offered by a different option
10. If the defected item was installed , the consumer may demand from the seller to dismantle and install it again after exchanging the item for an item free of defects or removing the defect, however is obliged to bear some of the costs associated with the action which excel the costs of the sold item or may demand from the seller to partially cover the costs of disassembling and installing again, up to the cost of sold item. In case of the seller not fulfilling the contract, the consumer is authorized to perform the actions at the expense and dangers of the seller.
11. the consumer using their competence under warranty is obliged to deliver the defected item to the seller at the seller's expense to the complaint address, and if the delivery is excessive difficult due to the nature of the item, the consumer is obliged to provide access to the item at the place the item is installed. If the duty is not fulfilled the consumer may send the item to the seller at the seller's cost and danger.
12. The costs of exchanging or repairing the item are the seller's responsibility, excluding situations stated in §5 item 10
13 The seller is obliged to accept the defected item from the consumer in case of exchanging it for an item free of defects or withdrawal from the contract
14.The seller will address within 14 days:
a) the declaration to request a price reduction
b) the declaration to withdraw from the contract
c) the demand to exchange the item for an item free of defects
d) the demand to remove the defects
otherwise, it is assumed that the seller agrees with the demands and declarations of the consumer
15. The seller is liable due to the warranty if the defect is detected within two years from transferring of the item to the consumer, and if the subject of the contract is used item, within a year from transferring of the item.
16. The claim of the consumer to remove the defect or exchange the item for an item free of defects expires after a year from the detection of the defect, however not sooner than two years from the moment of transferring of the item to the consumer, and if the object of the contract is used item, not before one year after transferring said item.
17. In case the shelf life set by the seller or the producer ends beyond two years from transferring of the item to the consumer, the seller is responsible for the defects of the item detected before said date.
18. Within the deadline specified in §5 Items 15-17 the consumer may present a declaration of withdrawal from the contract or request a price reduction due to a physical defect of the sold item, and if the consumer demands the item to be exchanged for an item free of defects or to remove the defect, the deadline for the declaration to withdraw from the contract or request to reduce a price begins as soon as the ineffective expiry of the deadline for the exchange of the item or removing the defect.
19. In the event of proceedings in court or arbitration tribunal concerning one of the items of the warranty, period of other rights due to the warranty given to the consumer is suspended until the final ruling of the proceedings. Respectively, it also applies to mediation proceedings, wherein the deadline to use rights given by the warranty to the consumer starts at the moment of refusal of the court to approve to settle the contract by the mediator or the termination of ineffective mediation.
20. To execute the powers of warranty due to the legal defects of sold item, §5 Items 15-16 are used, however the deadline starts at the moment, when the consumer discovered the defect and if the consumer detected the defect due to the claim of the third party - from the date on which the ruling given in the dispute with said third party becomes enforceable.
21.If the consumer declared to withdraw from the contract or requested a price reduction, repair of the detriment the consumer incurred due to entering into contract without prior knowledge of the defect may be demanded, even in case when the defect appeared due to no fault of the seller, specifically, the consumer may demand the return of costs of entering the contract, receiving costs, transport, storage and insurance of items, reimbursement of expenses to the extent of which the consumer did not profit and did not receive refund by a third party and reimburmsent process. This is without prejudice to the provisions of the obligations to compensate on general provisions.
22. The deadline of any provision concerning the detection of defect does not expire if the seller concealed the defect fraudulently.
23. If the seller is obliged to the provision or financial benefit to the consumer, the seller will do so without undue delay and no later than the period provided for in the law.
§5 Final provisions
1. None of the provisions of this document is designed to violate rights of the Buyer. The provisions cannot also be interpreted as such, as if the provisions are not compliant with the law, the Seller declares to follow the law absolutely if the provisions are contested in any way.
2. Current version of the provisions is available at http://www.espee.pl/index.php?page=regulamin . During the realisation of the order and the entire time of after-sales care, the buyer is bound by the regulations accepted while ordering, unless the consumer sees it less beneficial to him and informs the seller about choosing to accept the current provisions.
3. In cases of problems not covered by these provisions, appropriate acts of the law apply. Disputes if the consumer expresses such a wish, will be mediated by Provincial Inspectorates of the Trade Inspection or by equivalent and lawful methods of pre or extra-judicial settlement specified by the consumer. As a last resort the matter will be settled by a competent court.