Terms and conditions
TERMS AND CONDITIONS OF THE ENGWE.EU ONLINE STORE
TABLE OF CONTENTS:
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS OF CONCLUDING A SALES AGREEMENT
METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
COST, METHODS, AND TIMING OF DELIVERY AND COLLECTION OF THE PRODUCT
PRODUCT COMPLAINTS
PROVISIONS FOR BUSINESSES – RETURN OF GOODS
FINAL PROVISIONS
GENERAL PROVISIONS
1.1. The Online Store available at the internet address engwe.eu takes the protection of personal data very seriously, which is processed transparently and in accordance with the law. The email address for contact regarding the terms and conditions and the processing of personal data: info@engwe.eu
1.2. These Regulations are addressed exclusively to clients and businesses using the Online Store.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is ASENSJA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Elektoralna 13/121, 00-137 Warsaw, REGON: 522948491, NIP: 5252921156, KRS Number: 0000989209, registered in the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER. Personal data are processed for purposes, to the extent, and based on the principles indicated in the privacy policy published on the pages of the Online Store. The provision of personal data is voluntary. Every person whose personal data is processed by the Service Provider has the right to view their content and the right to update and correct them.
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and specifying the conditions of the Sales Agreement, including the method of delivery and payment.
1.4.4. CLIENT – (1) a natural person conducting registered business activity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; – who has a registered account in the Online Store has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – Civil Code Act of April 23, 1964. (Journal of Laws of 1964 No. 16, item 93 as amended).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s teleinformatics system marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about his Orders placed in the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Client and the Seller.
1.4.9. REGULATIONS – these Online Store regulations.
1.4.10. ONLINE STORE – the Service Provider’s online store available at the internet address: www.engwe.pl.
1.4.11. SELLER; SERVICE PROVIDER – ASENSJA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Elektoralna 13/121, 00-137 Warsaw.
1.4.12. SALES AGREEMENT – a Product sales agreement concluded or to be concluded between the Client and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider for the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person conducting registered business activity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; – who has a registered account in the Online Store using or intending to use the Electronic Service.
1.4.15. ORDER – a declaration of will made by the Client using the Order Form and directly aiming to conclude a Product Sales Agreement with the Seller.
1.4.15 SALES REPRESENTATIVE – a person assigned to handle a given Client, assigned in the last stage after creating an Account.
ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following electronic services are available in the Online Store: Order Form, Account, and Newsletter.
2.1.1. Account – using the Account is possible after completing three consecutive steps by the Service User – (1) providing a valid email address, (2) clicking the “Register” button, and (3) filling in the delivery address, billing address, and contact details. The username and password will be automatically sent to the provided email address upon registration. Within the next 24-48 hours, a price list will be attached, and a Sales Representative will be assigned, about which the Service User will be informed at the provided registration email address.
2.1.1.1. The Electronic Service Account is provided free of charge for an indefinite period. The Service User has the option to delete the Account (cancel the Account) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular via email to: info@engwe.eu.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) after filling out the Order Form and (2) clicking the “Buy and Pay” button on the Online Store’s page after filling out the Order Form – until that moment, there is the possibility of independently modifying the entered data (for this purpose, one should follow the messages displayed and the information available on the Online Store’s website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, VAT identification number (NIP), and details concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, payment method.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-time nature and ends at the moment of placing an Order through it or when the Service User ceases to place an Order through it earlier.
2.1.3. Newsletter – using the Newsletter takes place after entering an email address in the “Newsletter” tab visible on the Online Store’s website, to which subsequent editions of the Newsletter are to be sent, and clicking the action button. It is also possible to subscribe to the Newsletter by selecting the appropriate checkbox while creating an Account – with the creation of the Account, the Service User is subscribed to the Newsletter.
2.1.3.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service User has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (cancel the Newsletter) by clicking the “unsubscribe” link received in the email or by sending an appropriate request to the Service Provider, in particular via email to: info@engwe.eu.
2.2. Technical requirements necessary to cooperate with the teleinformatic system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling the possibility of saving Cookies files and supporting Javascript in the web browser.
2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and good manners, with respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data that is consistent with the actual state of affairs. The Service User is prohibited from providing unlawful content.
COMPLAINT PROCEDURE
2.4. The complaint procedure is as follows:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in section 6 of the Regulations) can be submitted by the Service User, for example:
2.4.2. through the contact form on the website www.engwe.pl/kontakt;
2.4.3. in electronic form via email to: info@engwe.eu;
2.4.4. It is recommended that the Service User include in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service User’s request; and (3) contact details of the person submitting the complaint – this will facilitate and expedite the complaint’s review by the Service Provider. The requirements stated in the previous sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
2.4.5. The Service Provider will respond to the complaint promptly, no later than within 14 calendar days from the day it was submitted.
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Regulations.
3.2. The price of the Product displayed on the Online Store’s page is given in Polish zlotys. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about delivery costs (including charges for transport, delivery, and postal services) and other costs, and when the amount of these charges cannot be determined – about the obligation to pay them, on the Online Store’s pages during the placing of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order in the Online Store in accordance with section 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by sending the Customer an appropriate email message to the email address provided during the Order placement, which contains at least the Seller’s statements about the receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email message by the Customer, a Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing, and providing the Customer with the content of the concluded Sales Agreement is done by (1) making these Regulations available on the Online Store’s website and (2) sending the Customer an email message referred to in section 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store’s IT system.
METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery payment upon receipt of the parcel.
4.1.2. Payment by bank transfer to the Seller’s bank account.
4.1.3. Electronic payments and card payments with Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, through the PAY PAL service – the possible current payment methods are specified on the Online Store’s page in the information tab regarding payment methods and on the website.
4.1.4. Deferred payment, individually agreed with the Customer.
4.1.5.1. Settlement of transactions by electronic payment and payment card is carried out according to the Customer’s choice through the PAY PAL service. The service of electronic payments and card payments is provided by:
4.1.6 In the case of the Customer choosing payment by bank transfer or payment card, the order fulfillment time is counted from the day the Seller’s bank account or settlement account is credited.
4.2. Payment deadline:
4.2.1. In the case of the Customer choosing cash payment upon personal collection, payment by bank transfer, electronic payments, or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. In the case of the Customer choosing cash on delivery payment upon receipt of the parcel, the Customer is obliged to make the payment upon receipt of the parcel.
COST, METHODS, AND TIMING OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available in the territory of the Republic of Poland, Germany, the Czech Republic, Slovakia, Belgium, the Netherlands, Denmark, Austria, Italy, Portugal, Spain, France, Sweden, and Finland.
5.2. Delivery of the Product to the Customer is chargeable unless the Sales Agreement states otherwise. The costs of delivery of the Product (including charges for transportation, delivery, and postal services) are indicated to the Customer on the pages of the Online Store in the information tab regarding delivery costs and during the placing of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Courier shipment, cash on delivery courier shipment.
5.4.2. International courier shipment.
5.5. The delivery time of the Product to the Customer is up to 14 Working Days unless a shorter period is specified in the description of a given Product or during the placing of the Order. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 14 Working Days. The start of the delivery period of the Product to the Customer is calculated as follows:
5.5.1. In the case of the Customer choosing payment by bank transfer, electronic payment, or payment card – from the day the Seller’s bank account or settlement account is credited.
5.5.2. In the case of the Customer choosing payment by cash on delivery – from the day of conclusion of the Sales Agreement.
5.5.3. In the case of the Customer choosing deferred payment – from the day of conclusion of the Sales Agreement.
5.5.4. In the case of the Customer choosing payment by bank transfer or payment card, the order fulfillment time is counted from the day the Seller’s bank account or settlement account is credited.
5.6. The readiness date of the Product for collection by the Customer – in the case of the Customer choosing personal collection of the Product, the Product will be ready for collection by the Customer within 3 Working Days, unless a shorter period is specified in the description of a given Product or during the placing of the Order. In the case of Products with different readiness times for collection, the readiness time is the longest specified period, which, however, cannot exceed 3 Working Days. The Customer will be additionally informed by the Seller when the Product is ready for collection. The start of the readiness period of the Product for collection by the Customer is calculated as follows:
5.6.1. In the case of the Customer choosing payment by bank transfer, electronic payment, or payment card – from the day the Seller’s bank account or settlement account is credited.
5.6.2. In the case of the Customer choosing payment in cash upon personal collection – from the day of conclusion of the Sales Agreement.
PRODUCT COMPLAINT
6.1. The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by universally applicable legal provisions, particularly in the Civil Code (articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver a Product free from defects. Detailed information regarding the Seller’s liability for Product defects and the Customer’s rights are specified on the Online Store’s website in the informational section concerning complaints.
6.3. A complaint may be filed by the Customer, for example:
6.3.1. through the contact form on the website www.engwe.pl/kontakt
6.3.2. in electronic form via email to: serwis@engwe.eu;
6.4. It is recommended that the Customer include in the description of the complaint: (1) information and circumstances related to the subject of the complaint, in particular the type and date of the defect’s occurrence; (2) a request for a method of making the Product comply with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and expedite the Seller’s review of the complaint. The requirements stated in the previous sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.5. The Seller will address the Customer’s complaint promptly, no later than within 14 calendar days from the day of its submission. If the Customer, who is a consumer, demanded the replacement of the item or the removal of the defect, or made a statement about the reduction of the price, specifying the amount by which the price should be reduced, and the Seller did not address this request within 14 calendar days, it is assumed that the Seller has accepted the request as justified.
6.6. A Customer who exercises the rights under the warranty is obliged to deliver the defective Product at the Seller’s expense to the address indicated by the Seller in mail or telephone correspondence. If, due to the type of Product or the manner of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
PROVISIONS CONCERNING ENTREPRENEURS – RETURN OF GOODS
7.1. This section of the Regulations and the provisions contained herein apply exclusively to Clients and Service Users who are not consumers.
7.2. The Seller enables the Client to return or exchange goods within one year from the issuance of the sales document, provided that the necessary condition for accepting such a return/exchange is the impeccable condition of the packaging and the Product itself, i.e., the absence of price tags, inscriptions, signs of flooding, or tears on the packaging, signs of assembly/use of the Product, and originally sealed packaging with a seal, if it had one.
7.3. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can occur without stating a reason and does not give rise to any claims on the part of the Client who is not a consumer against the Seller.
7.4. In the case of Clients who are not consumers, the Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding a Sales Agreement.
7.5. From the moment the Seller hands over the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass on to the Client who is not a consumer. In such a case, the Seller is not responsible for the loss, shortage, or damage of the Product arising from the time of its acceptance for transport until its delivery to the Client, nor for the delay in the transport of the parcel.
7.6. If the Product is sent to the Client via a carrier, the Client who is not a consumer is obliged to examine the shipment in time and in a manner accepted for shipments of this type. If it is found that during transportation there was a loss or damage to the Product, they are obliged to perform all actions necessary to establish the carrier’s liability.
7.7. In accordance with article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Client who is not a consumer is excluded.
7.8. In the case of Service Users who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending the Service User an appropriate declaration.
7.9. The liability of the Service Provider/Seller in relation to the Service User/Client who is not a consumer, regardless of its legal basis, is limited – both within the scope of a single claim as well as for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than to the amount of one thousand Euro. The Service Provider/Seller is liable to the Service User/Client who is not a consumer only for typical damages foreseeable at the time of concluding the agreement and is not liable for lost profits in relation to the Service User/Client who is not a consumer.
7.10. Any disputes arising between the Seller/Service Provider and the Client/Service User who is not a consumer shall be submitted to the court appropriate due to the Seller/Service Provider’s seat.
FINAL PROVISIONS
8.1. Agreements made through the Online Store are concluded in English and Polish languages.
8.2. Changes to the Regulations:
8.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, namely: changes in legal regulations; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
8.2.2. In the case of the conclusion of continuous contracts based on these Regulations (e.g., the provision of Electronic Service – Newsletter), the amended regulations bind the Service User if the requirements specified in articles 384 and 384[1] of the Civil Code have been met, that is, the Service User has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification.
8.2.3. In the case of the conclusion of contracts of a different nature than continuous contracts based on these Regulations (e.g., Sales Agreement), changes to the regulations will not in any way affect the rights acquired by Service Users/Clients before the date of entry into force of the changes to the Regulations, in particular, changes to the Regulations will not affect Orders already placed or submitted and Sales Agreements that have been concluded, are being executed, or have been executed.
8.3. These Regulations do not exclude the provisions of the law in force in the country of the consumer’s habitual residence who concludes a contract with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to them under the provisions that cannot be excluded by agreement.
8.4. In matters not regulated by these Regulations, the universally applicable provisions of Polish law shall apply, in particular: the Civil Code and all appropriate provisions of universally applicable law.