Online Elastico Shop Terms

Here you will find, for example, the rules for concluding purchase contracts and the most important information regarding the seller, the online shop, and the rights of the customer.

Table of Contents
§ 1 Definitions
§ 2 Contact the Seller
§ 3 Technical Requirements
§ 4 Purchase
§ 5 Payment
§ 6 Order Processing
§ 7 Right to Withdraw from the Contract
§ 8 Exceptions
§ 9 Complaints
§ 10 Personal Data
§ 11 Final Provisions
Appendix No. 1: Withdrawal Form

§ 1 DEFINITIONS

Business Days - Days from Monday to Friday, excluding public holidays.

Account - a free shop functionality regulated by separate rules (electronically provided service), thanks to which the customer can set up their individual account.

Consumer - Consumer as defined by the Civil Code.

Customer - any entity that purchases from the shop.

Terms - these terms.

Shop - Elastico Online Shop. The shop is operated by the seller at en.elastico.eu.

Seller - ELASTICO LIMITED LIABILITY COMPANY located at Kapitańska 3a, 71-602 Szczecin, registered in the National Court Register under the KRS number 0000348239, NIP 8513111163, REGON number 32079240100000.

§ 2 CONTACT WITH THE SELLER

1. Address: Kapitańska 3a, 71-602 Szczecin
2. Email address: info@elastico.eu
3. Phone: +48 91 311 38 06

§3 TECHNICAL REQUIREMENTS

1. To ensure the proper functioning of the shop, you will need:

• A device with internet access
• An internet browser that supports JavaScript and cookies.

2. To place an order in the shop, an active email account is required in addition to the requirements in paragraph 1.

§4 PURCHASE

1. The prices of the goods visible in the shop are the total prices for the goods, including VAT.
2. The total price of the order consists of the total price for the goods and, if applicable, the costs for goods delivery.
3. The product selected for purchase should be placed in the shopping cart.
4. Subsequently, the customer selects the delivery and payment method (from the methods available in the shop) and provides the necessary information for processing the order.
5. The order is placed once the contents of the shopping cart are confirmed and the terms and conditions are accepted by the customer.
6. Placing an order corresponds to concluding a purchase contract between the customer and the seller.
7. The seller provides the customer with confirmation of the conclusion of the purchase contract on a durable medium no later than the day of goods delivery.
8. The customer can register in the shop, i.e., create an account or make purchases without registration by providing their data for each order.

§ 5 PAYMENTS

1. You can pay for your order as follows:

• By transfer to the seller's bank account.
• Via the payment platform:

- Shoper payments

- PayU

• Cash on delivery, i.e., by credit card or in cash upon delivery of the goods to the customer.
• By credit card or in cash upon collection of a personal item.

    2. If you choose to pay via the payment platform Shoper Payments, the provider of online payments is Blue Media SA.

    3. If the customer chooses prepayment, the order must be paid within 7 working days after placing the order.

    4. The seller informs that with some payment methods, due to their specific nature, payment for the order is only possible directly after placing the order.

    5. When the customer makes a purchase in the store, they accept the use of electronic invoices by the seller. The customer has the right to withdraw their consent.

§ 6 ORDER PROCESSING

1. The seller is obliged to deliver the goods without defects.
2. The contract duration is specified in the shop.
3. If the customer chooses to prepay for the order, the seller will begin processing the order after the customer has paid for it.
4. In the situation where the customer has purchased goods with different delivery dates within one order, the order will be processed within the period for the goods with the longest delivery date.
5. Goods purchased in the shop will be delivered according to the customer's chosen delivery method:
   1. By courier
   2. The customer can personally pick up the goods at the company's office during operating hours.
6. If the customer chooses to pick up the order themselves, the goods will be ready for collection by the specified order completion date, and if the seller has specified the shipping date of the goods - within that period.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The customer has the right to withdraw from the contract concluded with the seller through the store within 14 days without providing any reason (except for § 8 of the regulations).
2. The deadline for withdrawing from the contract expires after 14 days from the day:
   1. On which the consumer has taken possession of the goods or on which a third party, other than the carrier and indicated by the consumer, has taken possession of the goods.
   2. On which the consumer has taken possession of the last item or on which a third party, other than the carrier and indicated by the consumer, has taken possession of the last item, if the contract requires the transfer of ownership of multiple items delivered separately.
3. To exercise the right of withdrawal, the consumer must inform the seller using the data provided in § 2 of the regulations about their decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or information sent by email).
4. The customer may use the model withdrawal form at the end of the regulations, but it is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising their right of withdrawal before the withdrawal period expires.
   
   CONSEQUENCES OF CONTRACT WITHDRAWAL
6. In the event of contract withdrawal, the seller will reimburse the customer without delay and in any case no later than 14 days from the day on which the seller was informed of the customer's decision to exercise the right of withdrawal, all payments received from the customer, including the costs of delivery (except for additional costs arising from a delivery method chosen by the consumer other than the least expensive usual delivery method offered by the seller).
7. The seller will refund the payment using the same payment methods as the customer used in the initial transaction, unless the consumer agrees to a different solution; in no case will the customer incur fees for this refund.
8. The seller may withhold the reimbursement until they have received the goods back or until proof of their return is provided, whichever comes first.
9. The seller requests that the goods be returned promptly and in any case no later than 14 days from the day the customer informs the seller about the withdrawal from the purchase contract, to the following address: SPÓŁDZIELCZA 7, 72-010 Police. The deadline is met if the customer sends the goods before the 14-day period has expired.
10. The customer bears the direct cost of returning the goods.
11. The customer is only liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics, and functioning.
12. If the goods cannot be returned by normal post due to their nature, the customer must also bear the direct costs of returning the goods. The customer will be informed by the seller in the product description in the store or during the order about the estimated cost of returning such goods.

§ 8 EXCEPTIONS

1. The right to withdraw from a distance contract does not apply to the customer in relation to the contract:
   1. Where the object of the service is a non-prefabricated item that is manufactured according to customer specifications or serves to meet individual needs.
   2. Where the object of the service is an item that can spoil quickly or has a short shelf life.
   3. Where the object of the service is an item delivered in a sealed package that cannot be returned for health or hygiene reasons once the package has been opened after delivery.
   4. Where the object of the service is something that, due to its nature, is inseparably connected with other items after delivery.
   5. Where the object of the service is audio or video recordings or computer software delivered in a sealed package, if the package has been opened after delivery.
   6. For the delivery of newspapers, journals, or magazines, with the exception of subscription contracts.
   7. Where the price or fee depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract.
2. The right to withdraw from a distance contract does not apply to any entity other than the customer.

§ 9 COMPLAINTS

1. If the product is defective, the customer has the option to complain about the faulty goods under the warranty or guarantee provided in the Civil Code, provided a guarantee has been granted.
2. When invoking the warranty, the customer can, under the conditions and deadlines specified in the Civil Code:
   1. Make a statement for a price reduction
   2. In the case of a significant defect - submit a withdrawal statement from the contract
   3. Request the replacement of the item with a defect-free one
   4. Apply for the removal of the defect
3. The seller requests that a complaint based on the warranty be submitted and sent to the postal or email address provided in § 2 of the regulations.
4. If it turns out that it is necessary to deliver the goods to the seller for processing the complaint, the customer is obliged to deliver these goods at the seller's expense to the address SPÓŁDZIELCZA 7, 72-010 Police.
5. If a product has an additional guarantee, information about it and the conditions are available in the product description in the store.
6. Complaints regarding the operation of the store should be directed to the email address provided in § 2 of the regulations.
7. The seller will process the complaint within 14 days.

OUT-OF-COURT PROCEDURES FOR INVESTIGATING COMPLAINTS AND RESOLVING CLAIMS

1. If the complaint procedure does not bring the result expected by the consumer, the consumer can use the following options, among others:
   
   1. Mediation through the competent Provincial Inspectorate of Trade Inspection, where a mediation application should be submitted. Usually, the procedure is free of charge. The list of inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
   2. Support from the competent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection, where an application for arbitration at the arbitration court should be submitted. Usually, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
   3. Free support from the local consumer ombudsman.
   4. The online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

1. The administrator of the personal data provided by the customer when using the shop is the seller.
2. The customer's personal data is processed based on the contract and for its performance in accordance with the principles established in the General Data Protection Regulation of the European Parliament and Council (EU) (GDPR). Detailed information about data processing by the seller is included in the privacy policy in the shop.

§ 11 FINAL PROVISIONS

1. The provision of illegal content by the customer is prohibited.
2. The account maintenance agreement will be concluded in English.
3. If the important reasons listed in paragraph 4 occur, the seller has the right to change these account regulations.
4. The important reasons mentioned in paragraph 3 are:
   1. the legal obligation to adjust the store's regulations to applicable legal provisions affecting the operation of the store,
   2. the improvement of the security of the provided services,
   3. the change of the account's functionality, requiring adaptation of the account regulations.
5. The customer will be informed about the planned changes to the account regulations at least 7 days before the change is implemented, via email to the email address associated with the account.
6. If the customer does not accept a planned change, they should inform the seller by sending a corresponding message to the seller's email address info@elastico.eu, which will lead to the termination of the account maintenance agreement when the planned change takes effect or earlier if the customer requests so.
7. If the customer does not object to the planned change before it takes effect, it is assumed that they accept it, which does not prevent the contract from being terminated in the future.
8. In the event of a dispute with a customer who is not a consumer, the competent court shall be the court that has jurisdiction over the seller's place of business.
9. None of the provisions of these regulations exclude or limit the statutory consumer rights in any way.

Appendix 1 of the Regulation

Below you will find a sample withdrawal form that the customer may or may not use:

WITHDRAWAL FROM CONTRACT

(this form should only be filled out and returned if you wish to withdraw from the contract)

ELASTICO LIMITED LIABILITY COMPANY

Spółdzielcza 7, 72-010 Police

Email address: info@elastico.eu

- I ................................................ .......................... hereby declare my withdrawal from the purchase contract for the following items:

.................................................. .................................................. .................................................. .................................................. ............................

.................................................. .................................................. .................................................. .................................................. ............................

.................................................. .................................................. .................................................. .................................................. ............................

- Date of receipt ............................................... .................................................. .................................................. .................................................. ....

- Name of the consumer(s) .......................................... .................................................. .................................................. .......................

- Address of the consumer(s) ............................................ .................................................. .................................................. ......................................

.................................................. .................................................. .................................................. .................................................. ............................

.................................................. ...........................................

Signature of the consumer

(only if the form is sent in printed form)

Date ............................................

(*) Cross out what does not apply.

Account Regulations

Regulations for the account established in the Elastico Store

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Reservations

§ 1 DEFINITIONS

Account - the free functionality (service) in the store, regulated in these terms, which allows the customer to set up an individual account in the store.

Customer - any entity making purchases in the store.

Store - Online Elastico Shop, operated by the seller at en.elatico.eu

Seller - ELASTICO LIMITED LIABILITY COMPANY based at Kapitańska 3a, 71-602 Szczecin, registered in the National Court Register under KRS number 0000348239, NIP 8513111192, REGON 32079240100000.

§ 2 CONTACT WITH THE SELLER

1. Postal address: SPÓŁDZIELCZA 7, 72-010 Police
2. Email address: info@elastico.eu
3. Phone: +48 91 311 38 06

 § 3 TECHNICAL REQUIREMENTS

1. To create an account and ensure its proper functioning, you need:

• an active email account,
• a device with internet access,
• a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

1. Creating an account is completely voluntary and at the discretion of the customer.
2. The account provides the customer with additional options, such as viewing the order history of purchases made in the shop, checking the order status, or editing customer data.
3. To create an account, you need to fill out the appropriate form in the shop.
4. By creating the account, an indefinite contract between the customer and the seller is established, concerning the operation of the account according to the regulations.
5. The customer can cancel the account at any time without any costs.
6. To cancel the account, please send your cancellation to the seller at the email address: info@elastico.eu, which will result in the immediate deletion of the account and termination of the account contract.

§ 5 COMPLAINTS

1. All complaints regarding the operation of the account should be sent to the email address: info@elastico.eu.
2. The complaint will be processed by the seller within 14 days.

OUT-OF-COURT OPTIONS FOR HANDLING COMPLAINTS AND ENFORCING CLAIMS

1. If the complaint procedure does not yield the result expected by the customer, the customer can, for example, utilize:
   1. Mediation conducted by the competent Provincial Trade Inspection, to which you should submit a request for mediation. Usually, the procedure is free of charge.
   2. The support of the competent consumer court, where an application should be submitted. Usually, the procedure is free of charge.
   3. Online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§6 PERSONAL DATA

1. The administrator of the personal data provided by the customer is the seller.
2. The customer's personal data is processed in accordance with the contract and for the purpose of its execution, in compliance with the principles established in the General Regulation of the European Parliament and Council (EU) on the protection of personal data (GDPR). All detailed information regarding data processing by the seller is included in the shop's privacy policy.

§7 FINAL PROVISIONS

1. The provision of illegal content by the customer is prohibited.
2. The account management contract is concluded in English.
3. If the important reasons listed in point 4 occur, the seller has the right to change these account regulations.
4. The important reasons mentioned in point 3 are:
   1. the legal obligation to adapt the shop's terms of service to the legal provisions applicable to the operation of the shop,
   2. improving the security of the provided services,
   3. changing the account functionality that requires the adaptation of the account regulations.
5. The customer will be notified at least 7 days before the implementation of the planned changes in the account regulations via email to the email address associated with the account.
6. If the customer does not accept a planned change, they should inform the seller by sending a corresponding message to the seller's email address info@elastico.eu, which will lead to the termination of the account management contract once the planned change comes into effect or earlier if the customer desires.
7. If the customer raises no objections to the planned change until it comes into effect, it is assumed that they accept it, which does not prevent a future contract termination.
8. In the event of a dispute with a customer who is not a consumer, the competent court will be the court with jurisdiction over the seller’s registered office.
9. None of the provisions of these regulations exclude or limit the statutory rights of the consumer in any way.

Newsletter Regulations

(of the Elastico Shop)

 § 1 DEFINITIONS

Newsletter - an electronically and freely provided service through which the customer can receive electronic messages ordered from the service provider about the shop, including information about offers, promotions, and news regarding the shop.

Shop - the online shop Elastico operated by the service provider at en.elastico.eu

Service Provider - ELASTICO LIMITED LIABILITY COMPANY based at Kapitańska 3a, 71-602 Szczecin, registered in the National Court Register under KRS number 0000348239, NIP 8513111192, REGON 32079240100000.

Service Recipient - any entity that uses the newsletter service.

 § 2 NEWSLETTER

1. The recipient can use the newsletter service voluntarily.
2. To use the newsletter service, you need a device with the latest web browser that supports JavaScript and cookies, access to the Internet, and an active email account.
3. Emails sent as part of this service will be sent to the email address provided by the user during the newsletter registration.
4. To conclude the contract and subscribe to the newsletter service, the recipient should first enter their email address on the designated area of the website, where they wish to receive messages as part of the newsletter. The service provider will then send a message to the email address provided in the first step to verify the email address. The message contains a link through which the recipient can confirm their willingness to subscribe to the newsletter. If the recipient confirms their willingness to subscribe, a contract for service provision is concluded and the service provider begins providing the service to the recipient.
5. The messages sent as part of the newsletter contain information about the possibility of unsubscribing and a link to the unsubscribe option.
6. The recipient can unsubscribe from the newsletter at any time without providing any reason and without cost by using the unsubscribe function mentioned in point 5 or by sending a message to the service provider's email address: info@elastico.eu.
7. Using the unsubscribe link by the customer or sending a message requesting unsubscription from the newsletter results in the immediate termination of the contract for this service.

§3 COMPLAINTS

1. All complaints regarding the newsletter should be reported to the service provider via email: info@elastico.eu.
2. The service provider will respond to the complaint within 14 days of receiving it.

§4 PERSONAL DATA

1. The administrator of the personal data provided by the customer is the seller.
2. The customer's personal data will be processed in accordance with the contract and for the purpose of its execution in line with the principles set out in the General Data Protection Regulation of the European Parliament and Council (EU) (GDPR). All detailed information regarding data processing by the seller is included in the shop's privacy policy.

§5 FINAL PROVISIONS

1. The provision of illegal content by the customer is prohibited.
2. The contract for account management is concluded in English.
3. If the important reasons mentioned in sec. 4 occur, the seller has the right to change these account provisions.
4. The important reasons mentioned in sec. 3 are:
   1. the legal obligation to adapt the shop’s provisions to the legal regulations applicable to the operation of the shop,
   2. improvement of the security of the provided services,
   3. change in the functionality of the account, which requires adapting the account provisions.
5. The customer will be informed about the planned changes in the account provisions via email, sent to the email address associated with the account, at least 7 days before the implementation of the planned changes.
6. If the customer does not accept a planned change, they should inform the seller by sending a relevant message to the seller's email address info@elastico.eu, which leads to the termination of the contract for account management when the planned change comes into effect or earlier if the customer requests so.
7. If the customer does not object to the planned change before it comes into effect, it is assumed that they have accepted it, which does not prevent a future termination of the contract.
8. In the event of a dispute with a customer who is not a consumer, the court with jurisdiction over the seller's registered office shall have jurisdiction.
9. None of the provisions of these regulations exclude or limit the consumer's statutory rights in any way.