TERMS AND CONDITIONS OF THE ONLINE STORE „ELEPHANT”
1 GENERAL PROVISIONS
1.1 These Terms and Conditions set out the rules for transactions under the pursued in the Online Store “Elephant” at www.elephantalarms.com/store.
1.2 In these Terms and Conditions, the following terms have the following meaning:
1.2.1 Supplier – the delivery company which the Seller entrusts delivery to the Client ordered products;
1.2.2 The Civil Code – the polish Act of 23 April 1964 Civil Code (published in the Official Journal Of the Republic of Poland 2017, position 459 as amended);
1.2.3 Client – an adult natural person, legal person or an organizational unit without legal personality for which the provisions of the Act confer legal capacity, making or intending to make an order or using other services of the Online Store;
1.2.4 Consumer – the Client who is a natural person performing with the Seller as an entrepreneur legal action not directly related to his business or professional activity;
1.2.6 Products – all products offered by the Seller via the Online Store;
1.2.7 Terms and Conditions – these regulations of selling using the means communication at a distance and to provide services electronically, drawn up on the basis of art. 8 of the Act of 18 July 2002 on electronic services (published in the Official Journal of the Republic of Poland 2017, pos. 1219 as amended);
1.2.8 The Online Store – an Internet service operated by the Seller, available on the website www.elephantalarms.com/store through which a Client can place orders for products from the Seller;
1.2.9 Seller – Elephant Sp. o.o. with its registered office in Poznań (Poland), ul. Jana Heweliusza 18, 60-281 Poznań, entered into the National Court Register of Poland – register of entrepreneurs kept by District Court Poznań – Nowe Miasto i Wilda in Poznań under the 0000613370 number, Tax Identification Number: PL 7831740648, with its share capital of 100,000.00 PLN;
1.2.10 Order – accepted by the Client the Seller’s offer to sell specific products presented in the Online Store, which was made in accordance with the provisions of the Terms and Conditions;
1.2.11 Waste Equipment – device of the same type and performing the same functions as the product which is the subject of Order and deliveries, which the Client gets rid of or is going to get rid of or to which it is obliged to get rid of, including all components, subassemblies and consumables forming part of the device at the time of disposing it.
1.3 The Online Store is operated by the Seller.
1.4 The Online Store is an ICT platform (that means an information system and remote selection and purchase of Products or services), enabling Clients to familiarize themselves with the Products offered by the Seller.
1.5 The Client is obliged in particular to:
1.5.1 compliance with the provisions of the Terms and Conditions;
1.5.2 use the services offered by the Seller without disturbing the operation of the Online Store, in particular through using of specific software or devices;
1.5.3 not taking an action violating the interests of the Seller, in particular such as sending or posting in the Online Shop unsolicited commercial information, taking an IT action or any other operations in order to enter into possession of information not intended for the Client;
1.5.4 use the services offered by the Seller in accordance with the provisions of law in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as those adopted in the field of customs;
1.5.5 not to produce and not passed on content prohibited by applicable law;
1.5.6 use the services offered by the Seller without major inconvenience to other Clients and the Seller, with respect to their personal rights (including the right to privacy) and any of their rights;
1.5.7 use of any content contained in the Online Shop, copyrighted enjoyed by the Seller or third parties only for personal use. Using this content in other areas is allowed only on the basis of express consent given by an authorized person
1.6 The technical requirements necessary to work with the ICT system, which is used with the Online Store are:
1.6.1 computer or other electronic device with access to the Internet;
1.6.2 Internet browser that supports cookies enabled their service (recommended);
1.6.3 have an active e-mail account e-mail.
1.8 The Client may at any time and free of charge, via the Internet references (ie. link) found on the main of the Online Store at www.elephantalarms.com/store, get access to the Terms and Conditions and draw up its printout.
2 ACCEPTANCE AND FULFILMENT OF AN ORDER
2.1 Clients may place the Orders through the Online Store or via e-mail address: firstname.lastname@example.org (on working days from Monday to Friday from 9:00 to 17:00). The Client receives an e-mail confirmation that the Order has been correctly placed and accepted by the Online Store.
2.2 The condition of accepting the Order is:
2.2.1 in the case of an order via the Online Store – proper filling out a form with full contact details;
2.2.2 in the case of an order via e-mail – provide in the message the following data: name of the Product or Products, together with an indication of their associated codes, indicate the color (if the product has more than one version of the color), the number of ordered products, full contact details for shipping, ie. the name or business destination, tax identification number (if the customer makes the
purchase for purposes related to leaded business), delivery address (street, house number or place, postal code, city) , contact phone number (for the Supplier).
2.3 Acceptance of the Order for fulfillment begins after payment for the Order is registered in the Seller’s bank account. The Seller performs Orders according to the sequence they appear taking into account both the Orders submitted via the Online Store, as well as sent by e-mail referred to in paragraph 2.2.2 of the Terms and Conditions. In the day of the shipment of Products to the Client, the Seller will inform the Client via e-mail sent to the email address specified when placing an order the date of shipment of the Products.
3 PRODUCT PRICES
3.1 Product process offered in the Online Store are expressed in the Polish currency and inclusive of VAT. Product prices referred to in Annex 6 to the Act of 11 September 2015 on waste electrical and electronic equipment (published in Official Journal of the Republic of Poland 2015., pos. 1688) included the cost of waste management within the meaning of the abovementioned Act, and the cost is separately highlighted on the website of the Product in the Online Store.
3.2 The price of the Product is binding upon an order by the Client. The Price involves both the Client and the Seller.
4 FORMS OF PAYMENT
4.1 In the event of placing the Order the Client is also obliged to pay the cost of delivery of the Products, according to the information given in the course of submitting Orders, unless the offer indicates that the Client is exempt from paying the costs of shipping (free shipping).
4.2 The Client can make payment for the Order by making payment electronically via the service Przelewy24 or PayPal. In the case of using service Przelewy24.pl after placing the Order the Client will be transferred to the appropriate service bank to pay for the Order. After receiving the confirmation of receipt of the payment the Client will be notified by e-mail. In the event of interruption of the abovementioned payment before it is completed, the Client has the opportunity to rejoin it by re-opening the Online Store and take advantage of the appropriate functions assigned to the specifications of the unpaid the Order.
5 DELIVERY TIME
5.1 Information on the term of the Order, ie. the date on which the Product will be sent to the Client is in the description of the Product placed in the Online Store.
5.2 The waiting time for delivery of the dispatch by the Supplier ranges from 24 hours to 5 working days from the date in which the Seller will provide the Products to the Supplier for shipping.
5.3 The Supplier shall deliver the consignment on weekdays from Monday to Friday, from 8.00 a.m. to 5.00 p.m. On the day when the consignment is given, the Client receives an e-mail sent from an address email@example.com containing the waybill number of the consignment, on the basis of which the Client may check its status on the website of the Supplier.
6 RECEIPT OF SHIPMENT BY THE CLIENT
6.1 The risk of accidental loss or damage of the Product shall pass to the Client at the time of its release the Client. For the release of the Product shall consider its entrust by the Seller to the
Supplier his delegation by the Seller to the carrier, if the Seller did not affect the choice of the Supplier by the Client.
6.2 With the release of the Product to the Supplier on the Customer who is not a Consumer pass the benefits and burdens associated with the Products and risk of accidental loss or damage.
6.3 The Seller is obliged to deliver the Products without the defects. Therefore, the Client should examine the consignment containing the Products delivered by the Supplier, at the time and in the manner adopted for consignments of a kind.
6.4 Before receiving the Product from the Supplier, the Client shall check if the packaging is not damaged in transit. In particular, the Client shall pay attention to the condition of tapes or seals on the Product. If the packaging of the Product will be damaged, the Client shall do not accept the shipment and in the presence of a representative of the Supplier shall draw up a protocol of reporting the damage and contact with the Seller as soon as possible to clarify the matter.
6.5 After reception of the consignment the Client has the right to demand from the Supplier draw up the protocol if any loss or damage to the shipment which could not be seen from the outside of the reception. If it is found:
6.5.1 mechanical damage to the content of the shipment;
6.5.2 incomplete shipment;
6.5.3 incompatibility content of the shipment to the subject of the Order
- the Client is entitled to refuse to accept the consignment.
6.6 If the Client determines that during transport there is a loss or damage to the Product, the Client is obliged to take all actions necessary to determine the liability of the Supplier.
6.7 In the absence of the Client or person who is authorized by the Client at the indicated address which was given when placing the Order, the Supplier will leave an advice note. The Supplier will take another attempt at delivery the consignment, after which it will be sent back to the Seller. Does not release the Client from the obligation to pay for the e Order, which can be re-sent to the Client after the Client will order again shipment at its expense.
6.8 In the event of doubt as to the veracity of the Client’s personal data necessary to make the delivery, the Seller may contact the Client by e-mail or telephone in order to verify these data.
6.9 Both the Client and the Consumer agree to receive invoices electronically.
7 RIGHT TO WITHDRAWAL THE CONTRACT
7.1 In accordance with art. 27 of the Act of 30 May 2014 on the Consumer Rights (published in the Official Journal of the Republic of Poland 2014, pos. 827) the has the right to withdraw from the Order as a contract of sale without giving any reason, making a statement in any form within 14 days from the date of delivery of the Product. The abovementioned term may be extended by the Seller to 30 days in the case of particular Products. If the contract of sale concerns the sale of many Products that are delivered separately, in lots or in parts, the term for submitting statement of withdrawal from the contract of sale starts from the day of taking possession of the last things, lot or piece.
7.2 The Client is obliged to submit the Seller a statement of withdrawal from the Order as a contract of sale in writing to the address of the Seller (mentioned in paragraph 1.1.10 of the Terms and Conditions), or e-mail address at: firstname.lastname@example.org whereby the date of submission of the statement of withdrawal from the Order as a contract of sale should be
considered day to give statement – such statement must be given to the Seller before the deadline to withdraw from the Order as a contract of sale.
7.3 The template of statement of withdrawal from the contract of sale is attached as Appendix to the Terms and Conditions. Using this template to make a statement of withdrawal from the Order is not mandatory. The template of withdrawal from the contract of sale also includes the Annex no. 2 to the Act of 30 May 2014 on the Consumer Rights.
7.4 In the event of withdrawal from the Order contracts as a contract of sale the contract is considered null and void.
7.5 In the event of withdrawal the Order contracts as a contract of sale, Product or Products that are the subject of such the Order shall be returned unchanged, unless a change was necessary in the ordinary management. In case of return changed Products when the change was not necessary in the ordinary management, the Seller may demand compensation.
7.6 The Client shall return Product together with the statement of withdrawal from the Order or immediately after this statement, but no later than within 14 days of withdrawal from the Order. To meet the deadline just sent back things before its expiry.
7.7 The Product which is returned by the Client shall be packed in an appropriate way to ensure no damage in transit.
7.8 In the event of withdrawal from the Order as a contract of sale the Seller shall promptly, but no later than within 14 days of receipt of the Client’s statement of withdrawal from the contract of sale returns all payments made by the Client. The reimbursement is made using the same form of payment that have been used by the Client for the purpose of payment for the Order, unless the Client has consented to the return of another way of payment, which, however, will not involve the Seller of any additional charges.
7.9 The Seller does not accept any parcels sent cash on delivery. The cost of returning the Products to the Seller does not refundable. Return of Products should be made to Seller’s address: Elephant Sp. z o. o. ul. Jana Heweliusza 18, 60-281 Poznan (Poland). Seller may withhold the reimbursement until receiving the Product back, or until the Client has supplied evidence of his return, depending on which event occurs first.
7.10 If at the time of placing the Order the Client chosen a different way to deliver Products than the cheapest ordinary way offered by the Online Store, the Seller is not obliged to return the Client of additional costs incurred by the Client in the range of exceeding the normal value of the cheapest delivery method offered by the Online Store.
7.11 The Seller hereby notified that in accordance with art. 38 of the Act of 30 May 2014 on the Consumer Rights the right to withdraw from a contract concluded on the distance the Consumer is not entitled to, i.a. in the event of concluded contract:
7.11.1 of service, if the entrepreneur has made a full service with the express consent of the consumer, who has been informed before the performance of the contract that after fulfillment of a contract by the entrepreneur the consumer will lose the right to withdraw from the contract;
7.11.2 in which the price or remuneration depends on fluctuations in the financial market that the entrepreneur does not have control, and which may occur before the deadline of withdrawal;
7.11.3 in which the subject of the provisions is a non-prefabricated thing, which is manufactured according to the consumer’s specifications or having to satisfy his individual needs;
7.11.4 in which the subject of the provisions is a perishable or having a short shelf life thing;
7.11.5 in which the subject of the provisions is the thing delivered in a sealed container, which after opening the package can not be returned due to health protection or hygiene reasons, if the package were unsealed after delivery;
7.11.6 in which the subject of the provisions are things that after delivery, due to their nature, are inseparably linked with other things;
7.11.7 in which the subject of the provisions are alcoholic beverages for which the price has been agreed at the conclusion of the contract of sale and the supply of which may only take place after 30 days and the value of which depends on fluctuations in the market and that the entrepreneur does not control;
7.11.8 in which the consumer expressly demanded that the entrepreneur came to the customer for the purpose of making an urgent repairs or maintenance; if the entrepreneur provides additional services other than those where the consumer demanded or if the entrepreneur provides things other than the spare parts necessary for repair or maintenance, right of withdrawal granted to the consumer as regards additional services or things;
7.11.9 in which the subject of the provisions are sound or visual recordings or computer software which are delivered in a sealed package, if the package has been opened after delivery;
7.11.10 of delivering newspapers, periodicals or magazines, with the exception of contract of subscription;
7.11.11 concluded in a public auction;
7.11.12 in which the subject of the provisions is accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure activities, entertainment, sports or cultural events, if the contract determined a day or period of performance a service;
7.11.13 for the supply of digital contents which are not stored on a tangible medium if the performance has started with the express consent of the consumer before the deadline to withdraw from the contract and after having informed the consumer by the entrepreneur of the loss of the right of withdrawal.
8 PRODUCT DEFECTS. COMPLAINT PROCEDURE
8.1 The Seller is obliged to provide the Client the Product without defects.
8.2 If received Product is defective, the Consumer may exercise the entitlements vested from the Seller under the warranty for defects in the goods sold. The Seller is liable to the Consumer for non-compliance of the Product with the contract of sale.
8.3 The Consumer makes a complaint, by sending the complaint form relating to the specific Product. In order to accelerate consideration of the complaint it is advisable to specify in the complaint form: the Consumer’s first and last name, filing date, the number of the sales receipt, the name and quantity of the complained Product, description and type of defects, the Consumer’s request, contact telephone number.
8.4 The complaint should be sent in writing to the following address: Elephant Sp. o.o., ul. Jana Heweliusza 18, 60-281 Poznan (Poland), or e-mail address: email@example.com.
8.5 The Consumer’s rights are governed by Act of 30 May 2014 on Consumer Rights and the provisions of the Civil Code, which are applicable in these Terms and Conditions.
8.6 If the Product has a defect, the Consumer may:
8.6.1 make a statement about the demand price reduction or
8.6.2 make a statement of withdrawal from the contract of sale unless the Seller immediately and without excessive inconvenience to the Consumer, replace the defective Product free of defects or defect remove. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange the defective Product free of defects or defect removal.
8.7 The consumer may not withdraw from the contract of sale if the defect of the Product is irrelevant.
8.8 The Consumer may instead of proposed by the Seller:
8.8.1 defect removal – require replacement of the Product free of defects or
8.8.2 replace the Product – request the removal of defects, unless bringing the Product into compliance with the contract of sale in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller. Reduced price should be in proportion to the price resulting from the contract of sale in which the value of the defective Product is in proportion to the value of the Product without defect.
8.9 In the event of withdrawal from the contract of sale by the Consumer the parties will give each other benefits made in accordance with § 9 of the Terms and Conditions.
8.10 The Online Store is committed to inform the Consumer about the date and manner of consideration of the complaint within 14 days from the date of its notification. Any information relating to the complaint procedure the Seller will provide the Consumer at the address and telephone number provided by the Consumer for the account or complaint form.
8.11 The costs of replacement or repair of the Product shall be borne by the Seller.
8.12 The Consumer may use the following, exemplary, non-judicial means of dealing with disputes concerning claims and redress:
8.12.1 may apply to the provincial inspector of the Trade Inspection with a request for initiation of proceedings between the Consumer and the Seller, which would have to resolve the dispute;
8.12.2 may obtain free legal support in the settlement of the dispute with the Seller with the help of the district (municipal) Consumer Ombudsman or social organization (eg. Foundation or Association) to which statutory tasks include the protection of consumer’s rights (including the Consumer Federation, The Association of Polish Consumers).
8.13 Information concerning principles and procedures carried out by the provincial inspector of the Trade Inspection may be obtained at the registered offices and on the websites of the individual Provincial Inspectorates of the Trade Inspection, as well as the website https://webgate.ec.europa.eu/odr/main/index.cfm ? event = main.home.show & lng = EN. Legal advice is also provided by the Consumer Federation in accordance with the rules set out on the website http://www.federacja-konsumentow.org.pl/63,tu-znajdziesz-pomoc.html and by the Association of Polish Consumers freephone number 800 889 866.
8.14 In order to facilitate the procedures related to the complaint due to a defective Product, it is recommended to use by the Consumer the opportunity to placement on consignment containing a defective Product RMA number (in a visible place of package). This number may be obtained via e-mail at: firstname.lastname@example.org.
8.15 When it is necessary for the assessment of existence of the defect of the Product simultaneously with the notice of defect the Consumer shall deliver Product to the following address: Elephant Sp. z o. o. ul. Jana Heweliusza 18, 60-281 Poznan (Poland).
8.16 The Seller has 14 days to consider the Consumer’s complaint. Failure to notify the Consumer about the way its consideration in the abovementioned period will be treated as an acknowledgment of the complaint by the Seller.
8.17 The Consumer Rights under the warranty for defects do not exclude, restrict or suspend the powers of the Consumer under the guarantee provided by the guarantor – under the rules specified in the warranty document.
8.18 If the Client is not a Consumer it is exclude the Seller’s warranty for defect in the Product.
9.1 Upon receipt of the Product the Client has the possibility to free transfer to the Supplier of Waste Equipment – that means the purchase of the Product (telecommunication smart security system) the Client may provide the Supplier an old device similar to a Product (as Waste Equipment). For one Product concerned by the Order the Client may provide the Supplier only one device as a Waste Equipment. After making the Order the Client shall inform the Seller that is willing to gratuitous transfer of Waste Equipment by email email@example.com.
9.2 The Client also has the possibility of free transfer of Waste Equipment at the point of collection of waste equipment located in any municipality, eg. the one in which the Client is domiciled. On the website of the municipality in which the Client is resident, it may obtain information about localized there collection points of waste equipment.
9.3 For detailed information about the rules of receiving Waste Equipment may be found in the special section on the website at: www.elephantalarms.com.
10 FINAL PROVISIONS
10.1 For matters not covered in these Terms and Conditions shall apply in particular the provisions of the Act of 30 May 2014 on Consumer Rights, the Act of 18 July 2002 on Electronic Services, the Civil Code and other binding laws. In the event of contracts of sales concluded with the Clients who are not a Consumer hereby exclude the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention), in conjunction with the provisions of this Directive shall not apply in any way.
10.2 These Terms and Conditions are an integral part of the contracts of sale which are concluded between the Seller and Clients.
10.3 In the case of contract of sale with Clients who are not a Consumer or in the event of electronic services to non-customers Clients, the Seller is liable only for intentional causing damage and within the limits of the losses actually incurred by the Client who is not a consumer.
10.4 Simultaneously the Seller’s liability is limited to the amount of paid price of the Products and the cost of delivery. The Seller is liable in relation to the Client who is not a Consumer only
for direct damages and shall not be liable for loss of profits in relation to the Client who is not a Consumer.
10.5 Any changes to the provisions of these Terms and Conditions may not lead to the loss of the Client acquired rights if they have been acquired legally.
10.6 All Orders accepted by the Seller to fulfilment before the date of amendment of these Terms and Conditions are based on the applicable provisions at the date of place of the Order by the Client, unless the new version of these Terms and Conditions are more favorable to the Client.
10.7 The amendments to the Terms and Conditions the Seller will notify the Clients by sending relevant information to the e-mail addresses indicated by the Clients at least 14 days before the entry into force of the planned changes. The Seller will published on the website of the Online Store information about changes in the Terms and Conditions at least 14 days before the entry into force of the planned changes.
10.8 If the Client does not accept the new version of the Terms and Conditions, shall notify the Seller within 14 days from the date of receipt of information about changes in the Terms and Conditions. No objection within 14 days from the date of the notice will be considered in the event of doubt as a acceptance of the new version of the Terms and Conditions.
10.9 Do not constitute an amendment of these Terms and Conditions change in the form and nature of leading the Online Store, in particular the change of graphic design, adding new functionality, etc., if these changes are not inconsistent with the provisions of these Terms and Conditions.
10.10 Any dispute arising between the Seller and the Client who is not a Consumer shall be resolved by common courts having jurisdiction over the Seller’s registered office and should be subject to Polish law.
10.11 Any dispute arising between the Seller and the Client who is a Consumer shall be subject to Polish law and the jurisdiction of Polish courts of law unless the provisions of applicable law provide otherwise.
10.12 In the case of using contractual standard by the Clients who are not a Consumer (general terms and conditions, regulations, etc.) are not applicable provisions of the abovementioned contractual standards.
10.13 In the event that the Client who is not a Consumer used the contractual standard ( general terms and conditions, regulations of purchasing, etc.), which in whole or in part, could not be excluded in accordance with paragraph 10.12 abovementioned, and which the contractual standard in any part would exclude or limit the application of these Terms and Conditions, it is considered that the Client has no right to place the Order through the Online Store, and any possible concluded contracts are not subject to performance, and if performance, the full cost of the fulfillment of the Order and its return the Seller shall be reimbursed to the Seller.
10.14 These Terms and Conditions are available to all Clients in the electronic version at www.elephantalarms.com.
10.15 The Terms and Conditions come into force upon its placement on the website of the Online Store.