Terms and conditions of the ENSIFER online store
§ 1
Definitions
For the purposes of these terms and conditions, the following definitions are used:
1) Buyer – a natural person, legal person or a legal person without corporate status;
2) Consumer – a natural person concluding a sales contract with the Seller not related directly to its business or professional activity;
3) Terms and Conditions – these regulations, available at https://ensifer.pl/regulations/
4) Store – an online store operating at https: //ensifer.pl;
5) Seller – ENSIFER Jan Chodkiewicz, Mostowa 14, 80-778 Gdańsk, Poland.
§ 2
Introductory Provisions
1. The Seller conducts retail sales using the Store, at the same time providing electronic services to Buyers. Through the Store, the Buyer may purchase products displayed on the Store’s website.
2. The Terms and Conditions define the regulations of using the Store, as well as the rights and obligations of the Seller and Buyers.
3. Buyer’s computer or other device does not need to meet specific technical conditions to use the Store, and in particular to make a purchase in the Store. The following are sufficient:
1) internet access,
2) standard operating system,
3) standard web browser,
4) active e-mail address.
4. The Buyer cannot make a purchase in the store anonymously or under a pseudonym.
5. It is forbidden to provide illegal content while using the Store, in particular by sending such content via the forms available in the Store.
6. All product prices listed on the Store’s websites are gross prices.
§ 3
Services provided electronically
1. The Seller conducts retail sales using the Store, at the same time providing electronic services to the Buyer.
2. The basic service provided electronically to the Buyer by the Seller is enabling the Buyer to place an order in the Store, leading to the conclusion of a contract with the Seller. Placing an order is possible without a registered account in the Store.
3. If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service of setting up and maintaining an account in the Store. The account stores Buyer’s data and history of his orders placed in the Store. The Buyer logs in to the Account using his e-mail address and the defined password.
4. To create an account in the Store the Buyer selects the appropriate checkbox in the ordering process or fills an independent account registration form available in the Store. The Buyer may delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account will not delete information about orders placed using the account, this information will be stored by the Seller until the expiry of the limitation period for claims under the contract concluded via the Store / for the entire duration of the Store’s operation, unless the Buyer objects to the storage of this information beforehand, and the Seller does not will have an overriding interest in their preservation.
5. The electronic services are provided to the Buyer free of charge. However, sales contracts concluded via the Store are payable.
6. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
7. The Seller takes steps to ensure that the Store functions properly. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
8. Any complaints related to the functioning of the Store may be submitted by the Buyer via e-mail to the following e-mail address: ensifer79@gmail.com. In the complaint, the Buyer should specify the type and date of the irregularity related to the functioning of the Store. The Seller will consider any complaints within 30 days of receiving the complaint and will inform the Customer about its resolution to the e-mail address of the person submitting the complaint.
§ 4
Placing an order
1. The Buyer can place an order as a registered customer or as a guest.
2. The registered customer is the Buyer who has an account in the Store. To create an account in the Store, the Buyer selects the appropriate checkbox in the ordering process or fills an independent account registration form available in the Store.
3. If the Buyer has an account in the Store, he should log in to it before placing the order. Logging in is also possible when placing an order by clicking on the link in a displayed message.
4. Placing an order is done by filling in the order form after adding the desired products to the Buyer’s basket. It is necessary to fill the form with data needed to complete the order. At the stage of placing the order, the method of delivery of the ordered products is also selected, as well as the payment method. Acceptance of the Terms and Conditions, which the Buyer should read in advance, is mandatory to place an order. Should and doubts regarding the Regulations arise, the Buyer may contact the Seller.
5. The ordering process is completed by clicking the submit button, finalizing the order. Clicking on the button finalizing the order is the Buyer’s declaration of will leading to the conclusion of a sales contract with the Seller,
6. If the Buyer has chosen to pay online when placing the order, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking the button finalizing the order, he will be redirected to the Store’s website with order confirmation and instructions for making the payment. The payment for the order should be made within 24 hours after concluding the contract.
7. The Buyer must provide true personal data in the order form. The Buyer is holds responsibility for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raise reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller’s doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer has made contact on his end.
8. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such authorization in accordance with paragraph 7 above.
§ 5
Shipping and Payment
1. The available delivery methods are described on the Store’s website and presented to the Buyer at the ordering stage. The order delivery cost is borne by the Buyer, unless the Seller indicates otherwise on the Store’s website. The Seller has the right to decide to divide the order into several separate shipments without incurring additional costs by the Buyer.
2. The available delivery methods are described on the Store’s website and presented to the Buyer at the ordering stage.
3. Electronic payments, including card payments, are handled by TPAY.
4. If the Buyer has asked for an invoice, it will be delivered to the Buyer by e-mail to the e-mail address provided in the order form.
§ 6
Order fulfilment
1. Fulfilment of the order consists of completing the ordered products, packing them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of delivery chosen by the Buyer.
2. The order is considered completed at the moment of sending the shipment to the Buyer (entrusting the shipment to the carrier involved in transport).
3. Every product has a specified order fulfilment time. The ordered products should be delivered to the Consumer within 30 days, unless a longer period has been clearly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to a longer order fulfilment period resulting from the product description.
4. If the Buyer has ordered products with different individual delivery times, the Seller’s binding deadline for completing the entire order is the longest among all products included in the order, and the Seller may suggest to divide the order into several independent shipments to accelerate the completion time for some products.
§ 7
Withdrawal from the Consumer’s contract
1. A Consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without providing any reason within 14 days from the date of receiving the purchased items.
2. Starting from 1st January 2021, the right to withdraw from the contract on the terms described in this section and resulting from the Act on consumer rights is also available to a natural person concluding a contract with the Seller directly related to his business activity, if the content of this contract indicates that it does not correspond to the person’s profession, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when Consumer rights are mentioned within this paragraph, starting from 1st January 2021, these rights also apply to a person who meets the aforementioned criteria.
3. To withdraw from the Contract, the Consumer must inform the Seller about his withdrawal decision by an unequivocal statement – for example, a letter sent by post, fax or e-mail.
4. The consumer may use the model withdrawal form available at HERE, but it is not obligatory.
5. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Customer to send information on exercising the right to withdraw from the contract before the contractual expiry date for withdrawals.
6. The Consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the goods himself. To meet the deadline send the Product before it expires.
7. The consumer bears the direct cost of returning the item.
8. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of the products available in the Store (if the cost was covered by the Consumer), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the withdrawal from the contract. The refund will be made using the same payment method that was used by the Customer in the original transaction, unless the Customer has expressly agreed otherwise. In any case, the Consumer will not incur any fees related to the form of refund.
9. When the Seller did not suggest that he would collect the Product from the Consumer himself, he may withhold the reimbursement until he receives the Product back, or until the Consumer has supplied evidence of its return, whichever occurs first.
10. The Consumer is liable for any diminished value of the Product as a result of its use beyond what is necessary to determine the features, characteristics and performance of the Product.
§ 8
Liability for defects
1. The Seller is obliged to provide the Buyer with a product free from defects.
2. The Seller is liable to the Buyer if the sold product has a physical or legal defect (warranty for defects).
3. If the purchased product has a defect, the Buyer may:
1) demand replacement of the product with a defect-free product;
2) demand removal of defects;
3) make a declaration on price reduction;
4) withdraw from the contract.
4. If the Buyer finds a defect in the product, he should inform the Seller about it, at the same time specifying his claim related to the defect or by submitting a proper declaration.
5. The buyer may use the complaint form available HERE , but it is not obligatory.
6. The Buyer may contact the Seller both by traditional mail and by e-mail.
7. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint using the same method of communication.
8. Details regarding the Seller’s warranty for defects are governed by the provisions of the Polish Civil Code (Articles 556 – 576).
9. Starting from 1st January 2021, the provisions on Seller’s warranty for defects of goods sold to Consumers shall also apply to a natural person concluding a contract with the Seller directly related to his business activity, if the content of this contract indicates that it does not correspond to the person’s profession, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
§ 9
Personal data and cookies
1. The Seller is the administrator of the Buyer’s personal data.
2. The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:
1) conclusion and performance of the contract – Art. 6 (1) (b) GDPR;
2) implementation of tax and accounting obligations – Art. 6 (1) (c) GDPR;
3) defence, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller – Art. 6 (1) (f) GDPR;
4) identification of returning customer, which is a legitimate interest pursued by the Seller – Art. 6 (1) (f) GDPR;
5) handling inquiries from Buyers who have not yet concluded the contract, which is a legitimate interest pursued by the Seller – Art. 6 (1) (f) GDPR.
3. The recipients of the Buyer’s personal data are: courier companies, tax offices, accounting office, law firm, hosting provider, invoicing system supplier, CRM system supplier, mailing system supplier.
4. Due to the use of the MailChimp mailing system, personal data of Buyers who subscribed to the newsletter are transferred to the United States of America (USA) in connection with their storage on servers located in the USA. The provider of the MailChimp system guarantees an adequate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).
5. The Buyer’s personal data is stored in the Seller’s database throughout the entire period of conducting business in order to ensure the possibility of identifying the returning customer, which, however, may be objected by the Buyer by requesting the deletion of his data from the Seller’s database. If such an objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer’s data until the limitation period for claims expires. Accounting documentation containing the Buyer’s personal data is kept for the period required by law.
6. Buyer’s data processing rights: the right to request access to data, their rectification, deletion or limitation of their processing, as well as the right to object to the processing of personal data, the right to transfer personal data and to submit a complaint to the President of the Office for Personal Data Protection.
7. Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to the newsletter.
8. The Store uses cookies technology.
9. Details related to personal data and cookies are described in the privacy policy available at https://ensifer.pl/privacy-policy/
§ 10
Intellectual Property Rights
1. The Seller hereby instructs the Buyer that the content available on the Store’s websites and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of February 4th, 1994 on copyright and related rights, to which the Seller is entitled to copyrights.
2. The Seller hereby instructs the Buyer that the further distribution of copyrighted content by the Buyer without the consent of the Seller, except for the use of the content as part of permitted personal use, constitutes a violation of the Seller’s copyright and may result in civil or criminal liability.
§ 11
OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
1. The seller agrees to submit any disputes arising in connection with the sale of goods through mediation. Details will be determined by the parties to the conflict.
2. The Consumer can use extrajudicial means of handling complaints and redress. Among other things, the Consumer can:
1) apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded sales contract;
2) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Buyer and the Seller;
3) use the help of a regional (or municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
3. For more detailed information on out-of-court complaint and redress procedures, the Consumer may visit the website http://polubowne.uokik.gov.pl .
4. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr . The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
§ 12
Final Provisions
1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded prior to the change.
2. The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the amendment to the Regulations. Buyers who have a registered user account will be informed of any changes to the Regulations by e-mail sent to the address assigned to their user accounts. If the new Regulations are not accepted, the Buyer may delete his user account free of charge.
3. Any disputes related to contracts concluded via the Store will be considered by the Polish common court competent for the place of the Seller’s permanent business activity. This provision does not apply to Consumers for whom the jurisdiction of the court is considered on general terms. Starting from 1st January 2021, this provision does not apply to a natural person concluding a contract with the Seller that is directly related to the natural person’s business activity, if the content of this contract indicates that it does not correspond to the person’s professional activity, resulting in particular from the subject of the business activity performed by the person, made available on the basis of the provisions on the Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction shall be determined by the general rules.
4. These Regulations are valid from 15th March 2021.
5. All archival versions of the Regulations are available for download in .pdf format – links can be found below the Regulations.