Terms and conditions

E-CUPSTONE.PL

WEBSHOP REGULATIONS

§ General provisions

These terms and conditions, hereinafter referred to as "Terms and Conditions", set out the rules for the use of the online shop located at URL https://e-cupstone.pl/hereinafter referred to as the "Shop".
The shop is run by the company E-CUPSTONE Oleksandr Diachenko based: Zawodzie 20, Gdansk 80-726 having NIP 8393182840, run by Oleksandr Diachenko, hereinafter referred to as "Administrator".
Shop address and contact details: web address - e-cupstone, e-mail - sklep@e-cupstone.pl , telephone 795799723 mailing address - Zawodzie 20, Gdansk 80-726.
Information regarding the scope of the Store's processing of personal data ("Privacy Policy") and the scope of its use of cookies ("Cookie Policy") can be found at URL http://e-cupstone.pl/polityka_prywatnoci
Each person should read the Rules and Regulations of the Shop before using it. Making purchases in the Shop requires the Customer to have an active and working e-mail account.

§ Definitions

The terms used in these Terms and Conditions of Use shall mean respectively: 1. shop - online shop operating at the following address https://e-cupstone.pl/, which sells products at a distance.

Customer - any entity making a purchase in the Online Shop in accordance with the Terms and Conditions, including a Consumer as well as an Entrepreneur and Entrepreneur-Consumer.
User - any entity using the Internet who accesses the Store's website.
Customer Account - a field containing data on transactions carried out
and an instrument for processing orders placed by the customer.
Newsletter - a service provided by the Online Shop to Users who have agreed to receive the Newsletter, consisting of sending to such Users all information about the operation of the Online Shop, after the User voluntarily provides his/her e-mail address, name and surname.
Consumer - a natural person making a legal transaction with a trader which is not directly related to his/her commercial or professional activity.
Entrepreneur - a natural person, a legal person or an unincorporated entity making a legal transaction on its own behalf as part of its business or professional activity, including making purchases from the Store for the purpose directly related to its business activity, when the use of the Store, including making purchases from the Store, is of a professional nature for that person, arising in particular from the subject of its business activity, made available on the basis of the provisions of the Central Register of Business Activity Information.
Entrepreneur-Consumer a natural person, including those making purchases in the Store for the purpose directly related to his/her business activity, when the use of the Store, including making purchases in the Store, is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register of Business Activity Information.
Working days - weekdays from Monday to Friday, excluding public holidays.
Terms and Conditions - this document, setting out the terms and conditions for the use of the Online Shop and the purchase of products therein.
Registration - voluntary provision of data by a Customer of the Shop consisting of filling in a form available on the pages of this Shop.

§ Types and scope of Shop activities

The Shop is used to sell a range of stucco and interior decoration products at a distance over the Internet.
The items on offer are handcrafted and new.

§ Technical requirements

For the correct and uninterrupted use of the Shop, the Customer's station/terminal device must meet the following minimum technical requirements:

(a) an active Internet connection,
(b) 800 MHz or higher processor
c) cookies and Javascript acceptance enabled
(d) an active e-mail address

The shop is not obliged to supply the above equipment and/or software.
(3) The installation of the software referred to in paragraphs 1 and 2 is subject to a separate licence agreement between the customer and the licensor.
4 The shop website is designed for a screen resolution of 1280 x 800.

§ Purchasing rules

1.The shop, before confirming the purchase, provides the following information to the Customer:
a. A precise description of the product in question and its characteristics;
b. the total price of the products ordered including taxes as well as transport, delivery or postal charges and a summary of the total order amount with the selected delivery option
c. concerning the method and time of payment
d. concerning the manner and timing of the trader's performance.
2. Making a purchase of a Product does not require registration in the Shop.
(3) Placing an order takes place using a form, available on the shop's website after pressing the - "BUY NOW" button next to the description of a given product, in which the Customer provides the following data:
a) Name or business name (Optional - Company name and Tax ID)
b) Email address
(c) Telephone number
(d) City
e) Address details for dispatch
(4) The Customer places an order after reading the information specified in the content of the Shop Regulations and the information indicated in paragraph 2, which will be displayed electronically in the last stage of filling in the electronic form prior to expressing his/her will to be bound by the contract by clicking the "BUY NOW" button. After reading the collected information specified for the Customer's order, the Customer expresses his or her will to be bound by the contract by clicking the "BUY NOW" button
(5) All prices shown on the pages of the Store are in Polish zloty and include VAT. The price displayed in the basket summary before placing the order includes the shipping costs according to the option selected by the Customer.
(6) The shop undertakes to deliver items that are free from defects.
(7) An order shall be deemed to have been accepted for fulfilment once the Store has confirmed acceptance of the order placed by the Customer.
a) Confirmation of the order is sent automatically when the customer places the order;
b) The shop may withhold acceptance of an order if it has doubts as to the accuracy or reliability of the data provided by the Customer in the registration form. In such a case, the Store will immediately contact the Customer in order to clarify the doubts in question.
c) In the event that some of the products included in the order are unavailable, the customer shall be informed immediately. The customer decides whether the order is to be fulfilled in part or cancelled in full.
(8) The Customer and the Shop are bound by the price of the Product in force at the time of placing an order for it.
9 The following payment methods are honoured in the Shop:
Instant transfer, Blik, VISA, VISA Elektron, Mastercard, Mastercard Elektronik and Maestro payment cards. The online payment service provider is Autopay S.A.
10. the deadline for payment is 3 days after the order is placed
(11) The contract shall be deemed to have been concluded upon payment by the Customer, after receipt of confirmation of acceptance of the order for processing.
12 The ordered goods are dispatched within 3-5 working days:
a) from the crediting of the amount due for the product in the case of choosing payment in advance,
13. shipments are sent by parcel post to an InPost parcel machine. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is agreed individually with the customer - depending on the destination of the delivery.
(14) In the case of an order of several items, the goods are, as a rule, packed collectively into one parcel unless, when choosing the method of delivery, the Customer indicates a different method of packaging and selects the option of separate delivery for each product.
(15) The customer will be notified by e-mail about the dispatch of the goods. When choosing a courier service, the Customer will be emailed a tracking number via which the parcel can be tracked on the operator's website.
(16) The maximum delivery period according to the Consumer Rights Act is up to 30 days. If the deadline indicated in the previous sentence is exceeded, the Consumer has the right to grant the seller additional time. If the goods are still not delivered the Customer may withdraw from the contract.
(17) If the goods are to be sent by the Store to a Customer who is a consumer or a Business-Consumer, the danger of accidental loss or damage to the item (goods ) passes to the Customer at the time of delivery to the Customer. The item (goods) is considered to have been handed over by the Store to the carrier if the Store had no influence on the choice of carrier by the Customer.
(18) Together with the product, the Shop sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract - the forms are enclosed as Annexes 1 and 2 to these Regulations.
A receipt confirming the purchase is sent together with the Product. Upon the Customer's request, a VAT invoice shall be issued. The Customer is obliged to provide full details necessary for the correct issuing of a VAT invoice:
(a) Name/company,
(b) Address of residence/site,
(c) TIN number (for companies), PESEL number (natural persons),
(d) Order number,
(e) Postal address
Each Customer who registers and/or places an order agrees to receive, at the email address he/she has provided, information related to the progress of the transaction, notifications of changes to these Terms and Conditions.
Other information concerning the operation of the Service, as well as containing commercial information on new products or services of the Service, on promotions of the Service and promoting products of the Administrator's partners will be sent only to those Customers who have given their consent.

§ Complaints - rights for the Consumer and the Trader-Consumer

(1) With regard to complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) and the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 item . 827 of 24 June 2014).
(2) The shop is liable to the customer under warranty if the sold thing (goods) has a physical or legal defect. A physical defect consists in non-compliance of the sold thing (goods) with the agreement. In particular, the sold thing (goods) is inconsistent with the agreement if:
(a) it does not have the characteristics which a thing of that type should have by reason of the purpose stated in the contract or resulting from the circumstances or the intended use;
b) does not have the qualities that the shop assured the customer of, including by presenting a sample or specimen;
c) it is not fit for the purpose which the Customer communicated to the Shop at the conclusion of the contract and the Shop has not raised an objection to such a purpose;
d) it has been delivered to the Customer incomplete.
(3) Complaints concerning the ordered goods may be submitted by e-mail to the address sklep@e-cupstone.pl or by registered mail to the address 30 Jasminowy Stok Street, 80-177, Gdańsk. In order to facilitate the lodging of complaints, a sample complaint form is provided in the appendix to these rules. The use of this form is optional.
(4) When lodging a complaint, please provide the following details: Customer's name, address, sales identification data (e.g. login, order number, date of transaction), subject and reason for the complaint, contact details.
(5) When determining the manner of implementation of the Store's obligations in respect of a reported complaint on the occurrence of physical or legal defects in the goods, the Customer, who is a consumer, has the right to make a statement on reducing the price or withdrawing from the contract, unless the Store immediately and without undue inconvenience for the Customer will replace the defective item to a defect-free one or will remove the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller (the Shop) or the Shop has failed to fulfil its obligation to replace the thing with a defect-free one or to remove the defect.
(6) If the Customer is a Consumer , he/she may instead of the removal of the defect proposed by the Shop demand the replacement of the item with a defect-free one or demand the removal of the defect instead of the replacement of the item, unless bringing the item to conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Shop. When assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the defect found and the inconvenience to which other means of satisfaction would expose the Customer are taken into account.
(7) The reduced price shall be in such proportion to the contract price as the value of the thing with the defect bears to the value of the thing without the defect.
(8) The customer may not withdraw from the contract if the defect is insignificant.
(9) Claims submitted by the Customer will be considered within 14 days of their submission. Failure to make a statement within this period shall be deemed to be an acknowledgement of the claims made by the Customer.
The Customer will be notified of the resolution of the complaint by the same method used to send the complaint, unless the Customer specifies another form of contact. The settlement of the complaint will also be sent electronically to the e-mail address indicated by the Customer.
(11) In the case of a positive resolution of the complaint, the Store sends to the Customer goods free of defects or with the defect removed within a reasonable time. If repair or replacement with a new product is not possible for the reasons indicated in paragraphs 5 and 6, the Store will, in accordance with the alternative request made by the Customer, reduce the price or return the equivalent of the price of the product, plus shipping costs.
12 The right to warranty is excluded for customers purchasing as entrepreneurs.
(13) The provisions relating to the Consumer in this paragraph shall apply to the Entrepreneur-Consumer.
(14) Any provision of the Terms and Conditions, does not exclude or limit the rights of Consumers or Entrepreneurs-Consumers provided for in the applicable legislation, including in particular Articles 556-576 of the Civil Code.

§ Withdrawal rights for the Consumer and Entrepreneur-Consumer

(1) Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827), the Customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment on which the Customer took possession of the item , or on which a third person other than the carrier indicated by the Customer took possession of the item. In order to meet the fourteen-day period referred to in subsection 1, it is sufficient to send the declaration of withdrawal before its expiry. The declaration may be made on the form, a specimen of which can be found at the following address http://e-cupstone.pl/fou and will be enclosed by the Shop in hard copy with the shipment of the product. The use of this form is optional.
  (2) In accordance with Article 38 of the Consumer Rights Act, the right of withdrawal from a contract concluded at a distance, in accordance with the Act, is not granted to the Consumer and the Entrepreneur-Consumer in cases:
(a) for the provision of services where the trader has provided a service in full with the express consent of the consumer who has been informed before the performance begins that he will lose his right of withdrawal once the trader has provided the service;
(b) in which the price or remuneration is dependent on fluctuations in the financial market which are beyond the trader's control and may occur before the end of the withdrawal period;
(c) where the object of the performance is a non-refabricated item, produced to the consumer's specifications or intended to meet the consumer's individual needs;
d) in which the object of the performance is an item that is perishable or has a short shelf life;
e) where the object of the performance is an item delivered in a sealed package which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
(f) in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;
(g) where the performance consists of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which is dependent on fluctuations in the market over which the trader has no control;
(h) in which the consumer has expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer's right of withdrawal shall apply to those additional services or goods;
i) in which the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging is opened after delivery; for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
(j) concluded by public auction;
k) for the provision of accommodation, other than for residential purposes, carriage of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day on which or the period during which the service is to be provided;
(l) the supply of digital content which is not recorded on a tangible medium where the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
  (3) In the event of withdrawal from the contract, the Customer is obliged to return the goods to the address: ul. Rogalińska 13B lok. 12, 80-809, Gdańsk or hand it over to a person authorised by the Store to collect it immediately, but no later than 14 days from the day on which, he/she has withdrawn from the contract, unless the Store has offered to collect the item itself. Returned goods should be packed in a manner preventing their damage in transport.
  (4) If the customer exercises the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the customer .
  (5) In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him or her, including the costs of delivery of the goods (except for the additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered for the delivery of the goods available in the Shop), immediately and in any event not later than 14 days from the day on which the Shop was informed of the Customer's decision to exercise his or her right of withdrawal from the contract with the Shop.
  (6) The Shop shall refund the payment using the same method of payment as the Customer used, unless the Customer has expressly agreed to a different method of refund that does not incur any costs for the Customer.
  (7) The shop may withhold reimbursement until it has received the returned Goods (items) or until it has provided proof of return of those goods in connection with the withdrawal, whichever event occurs first.
  (8) If the Customer, who is a consumer, has chosen a method of delivery of the item (goods) other than the cheapest ordinary means of delivery offered by the trader, (refers to the method of initial delivery to the Customer) the trader shall not be obliged to reimburse the Customer for the additional costs incurred by the Customer.
  (9) The consumer shall be liable for any diminution in the value of the item resulting from the use of the item other than that which is necessary to establish the nature, characteristics and functioning of the item.
  (10) The provisions concerning the Consumer in this paragraph shall apply to the Entrepreneur-Consumer (pursuant to art.38a of the Act of 30 May 2014 on Consumer Rights).
  (11) The right of withdrawal from a contract concluded at a distance, referred to in this paragraph of the Terms and Conditions, shall not be granted to a Customer who is not a Consumer or Entrepreneur-Consumer.
  (12) Furthermore, in accordance with Article 31(2) of the Consumer Rights Act of 30 May 2014, if the Consumer or Entrepreneur-Consumer has made a declaration of withdrawal before the Shop has accepted his offer, the offer ceases to be binding.

§ Final provisions and description of the possibility to use out-of-court complaint and redress procedures

  (1) The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer or Entrepreneur-Consumer to which he is entitled under mandatory provisions of law, including in particular Articles 556-557 of the Civil Code. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail.
  (2) In matters not covered by these Regulations, the provisions of Polish law shall apply, including in particular the Act of 30 May 2014 on consumer rights(Journal of Laws 2014 item . 827 of 24 June 2014) and the Act of 23 April 1964. - Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
  (3) Information on the possibility of using out-of-court complaint and redress procedures by the Customer who is a consumer, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following website addresses of the Office of Competition and Consumer Protection: - http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php;
  (4) The customer who is a consumer shall have, inter alia, the following options for using out-of-court complaint and redress procedures:
- Permanent amicable consumer court operating at the Trade Inspection - the possibility of requesting the settlement of a dispute arising from a concluded Sales Contract;
- the provincial inspector of the trade inspectorate may request the initiation of mediation proceedings on an amicable basis until the dispute between the customer and the shop is resolved;
- a poviat (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl
- Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/
(5) Any disputes arising between a Customer who is not a Consumer or an Entrepreneur-Consumer and the Shop will be settled by the court having jurisdiction over the registered office of the Shop. E-CUPSTONE Oleksandr Diachenko.

A. INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
- WITHDRAWAL NOTICE

Right of withdrawal:
  (1) You have the right to withdraw from this contract within 14 days without giving any reason.
  (2) The period for withdrawal shall expire after 14 days from the day on which you acquire possession of the goods or on which a third party other than the carrier and indicated by you acquires possession of the goods.
  (3) In order to exercise your right of withdrawal, you must inform the person responsible for performing the withdrawal action: Oleksandr Diachenko Zawodzie 20 phone 795799723 acting within the framework of E-CUPSTONE Oleksandr Diachenko of your decision to withdraw from this contract by means of an unequivocal statement. (Please be informed that the declaration may be sent, for example, by post, fax or e-mail).
  (4) You may use the model withdrawal form, but it is not obligatory. You may also complete and send your withdrawal form or any other unequivocal statement electronically. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
  (5) To meet the withdrawal deadline, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the withdrawal period has expired.
  6 Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of normal delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges in connection with this refund. We may withhold reimbursement until you have received the item or until you provide us with proof of return, whichever event occurs first. Please send back or hand over the item to us immediately and in any event not later than 14 days from the day on which you have informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiry of the 14-day period. You will have to bear the direct costs of returning the goods.
You are only liable for any diminution in the value of the item resulting from your use of the item other than what was necessary to establish the nature, characteristics and functioning of the item.

B. WITHDRAWAL FORM
C. COMPLAINT FORM