TERMS & CONDITIONS
These Terms & Conditions lay down rules to make purchases in the Online Store managed by the Seller at www.efutro.pl.
§ 1. ENTREPRENEUR DETAILS
The Website is managed by:
ANZA Andrzej Zaborowski
Ul. Nowa 16/18,
90-031 Łódź,
Hereinafter referred to as the Seller.
The company is entered in the Central Register of Business Activity under Tax Identifier Number: 727-002-78-92, REGON: 470822146, CEIDG: 906.
MINISTRY OF ECONOMY, Plac Trzech Krzyży 3/5, 00-507 Warszawa, tel. (22) 693 50 00, fax (22) 693 40 46 to 48, email: mg@mg.gov.pl.
The Seller can be contacted:
- at phone number: +48 42 678-95-51 (cost per minute at the rate of the caller's operator),
- by e-mail address: mail@efutro.com.pl.
The Terms & Conditions have been provided in accordance with the provisions of the Act of 30 May 2014 on Consumer Rights.
Before placing your order please read through the Terms & Conditions carefully.
By making purchases on the Website, Customer agrees to be bound by the provisions set out herein.
§ 2. DEFINITIONS
For the purposes of these Terms & Conditions the following terms shall have the following meanings:
1. SELLER - the entity rendering sales services via the Website www.efutro.pl under the conditions laid down herein;
2. CUSTOMER - a Consumer or an Entrepreneur who makes an Order and Transaction on the Website under the conditions laid down herein;
By enforcing current law provisions, for the purposes hereof and to facilitate the process of making Transactions on the Website, the Seller imposes two definitions of Customer used separately in separate situations:
- CONSUMER - a natural person performing a legal action (purchase) with the Seller not connected directly with its business activity or profession,
- ENTREPRENEUR - a natural person, a legal person and an organizational unit without legal personality which by separate law is granted legal capacity conducting business activity in its own name;
3. GOODS - a moveable presented on the Website to which a Transaction applies;
4. (SPECIFIC GOODS - a non-prefabricated moveable, manufactured according to the Buyer's specifications (e.g. in the colour or quantity that is unavailable on the Seller's offer) or intended to satisfy its individual needs (according to Article 38, paragraph 3 of the Act on Consumer Rights of 30 May 2014);
5. WEBSITE - the website www.efutro.pl presenting the Seller's offer through which the Customer may place an Order;
6. CUSTOMER ACCOUNT (ACCOUNT) - space made available to the Customer on the Website in accordance with the Terms & Conditions, allowing the Customer to use its functionalities after registration or logging on the Website and, in particular, to conclude a Transaction, track the Order status and access the history of Orders;
7. ORDER - a duly completed Order form available on the Website sent by the Customer as well as an Order placed by phone or e-mail, containing, among others, the Customer's details and the type and quantity of the Goods which the Customer intends to purchase on the Website;
8. PROMOTION - reducing the sales price of the Goods, which aims at sales activation;
9. SALE - reducing the sales price of the Goods, which aims at selling goods out;
10. DISCOUNT CODE - a code for a single reduction of the total of the Order, obtained by the Customer during marketing campaigns run by the Seller;
11. TRANSACTION - an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer using the Website;
12. PAYMENT - cash consideration paid by the Customer for the Transaction;
13. SHIPPING COSTS - costs to be incurred by the Customer or the Seller in order to transport the Goods between the Customer and the Seller;
14. ICT SYSTEM - a set of cooperating IT equipment and software for processing and storage as well as sending and receiving data via telecommunications networks using terminal equipment appropriate for the type of network;
15. RETURN OF GOODS (FOR CONSUMERS) - Goods cut (cut away) intended to satisfy its individual needs are not returnable;
16. RETURN OF GOODS (FOR ENTREPRENEURS) - Specific Goods are not returnable;
17. COMPLAINT - dissatisfaction with the Goods expressed by the Customer resulting in the request for replacement or repair of the Goods;
18. COMPLAINT NOTIFICATION - a written notification submitted by the Customer in the process of Complaint;
19. NEWSLETTER - a type of Internet periodical sent to subscribers via e-mail.
§ 3. WEBSITE TERMS OF USE
3.1. In terms of technical requirements necessary for cooperation with the ICT system used by the Seller to fulfil purchases, the Customer must have an active e-mail account and a device connected to the Internet, fulfilling the following minimum technical requirements:
a. Internet browser (updated for a given operating system) Google Chrome, Internet Explorer, Mozilla Firefox, Opera with installed latest versions of JAVA and FLASH applications;
b. minimum screen resolution of 1024x768 pixels;
3.2. The Seller does not guarantee the correct functioning of the Website on the Customer's device in the event of failure to comply with the minimum requirements laid down in 3.1.;
3.3. The Seller advises that the details of appearance of Goods offered in the Online Store (colours and shades, in particular) visible on the Customer's devices (screen, display) or on printouts made by the Customer may differ from the actual ones, depending on the individual properties and settings of these devices;
3.4. In the computer system of the Customer using the Website cookies may be stored (unless the Customer has blocked this functionality in its Internet browser), i.e. information provided by the Website's server to the Customer's computer on the stipulation that the Website server shall be able to read only information left by this server and the ActiveX plug to handle information transmitted by the Website;
3.5. Transferring data by the Customer is secured by SSL protocol, which allows for transmitting information between the Customer's device and the Website in an encrypted way;
3.6. In order to safeguard its own device and information left on the Website, the Customer should proceed in accordance with the generally accepted principles of online safety;
3.7. The Customer is obliged not to transmit content prohibited by law, e.g. content promoting violence, defamatory content or content violating personal and other rights of third parties.
§ 4. PLACING ORDERS
4.1. Orders shall be taken on the Website www.efutro.pl;
4.2. Orders can be placed 24 hours a day, 7 days a week throughout the year, with the exception of technical and maintenance breaks;
4.3. All prices quoted on the Website www.efutro.pl, are gross prices (include VAT) given in Polish zlotys. The proposed prices do not include Shipping Costs, which are defined separately in 5.7.;
4.4. Promotions and sales in the Store cannot be cumulative;
4.5. Information contained on the Website www.efutro.pl is not legally binding and does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code. Information contained on the Website, including, in particular, information in "Description" and "Specifications", does not constitute assurance or description of the goods within the meaning of Article 2 or 3 of the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code. The description of the Goods is only in the sales agreement (Direct phone contact between the Seller and the Customer);
4.6. Before placing an Order, the Customer shall have the right to become familiar with the Goods by receiving samples of Goods currently in stock or proposed to be produced;
a. preparation of the first four samples is free,
b. if the Customer is willing to order more than four samples, it is obliged to establish phone contact with the Seller under the phone number 42 678-95-51 to confirm/determine the quantity of samples and the amount of the cost for the preparation service,
c. cost of delivery of samples shall be covered by the Seller,
d. consignments of samples are sent via Poczta Polska on each Thursday if an Order of samples has been placed by Tuesday at 4:00 p.m.;
4.7. The Order is effective if the Customer duly completes the Order form on the Website or places an Order by phone or e-mail and gives correct contact details, including the full address to which the Goods are to be sent as well as phone number and e-mail address;
4.8. For the purposes of placing an Order and concluding the Transaction, the Customer shall have no obligation to set up its own Customer Account on the Website;
4.9. The Seller shall contact the Customer if the given details are incomplete. If it is not possible to contact the Customer, the Seller shall have the right to cancel the Order;
4.10. In the process of placing an Order, the Customer may express willingness to receive the fiscal receipt or VAT invoice that can be attached to the consignment or sent by electronic means to the indicated e-mail address in the form of an electronic image of billing documents, such as VAT invoices with attachments, correcting VAT invoices with attachments and forms, in particular. This agreement shall also entitle the Seller to issue and send electronic VAT invoices, in accordance with the Regulation of the Minister of Finance of 20 December 2012 on Sending Invoices in an Electronic Form, Rules of their Storing and the Manner of Making them Available to a Tax Authority or a Tax Inspection Body;
4.11. When placing the Order, the Customer may consent to the inclusion of its personal details in the database of the Seller's Store in order to process them for the purposes of the Order fulfilment. In the case of granting consent, the Customer shall have the right to inspect its details, amend them and request their removal;
4.12. The Customer can use the option of remembering its details by the system in order to facilitate the process of placing further Orders. To this end, the Customer should enter Login and Password necessary to gain access to its Customer Account. Otherwise the system will generate a Login and Password for the Customer and will inform about it in a separate message sent to the Customer's e-mail address;
a. the Customer Login is the e-mail address given by it. The Password is a sequence of characters to be determined by the Customer. The Customer Password is not known to the Seller and the Customer is required to maintain it confidential and protect against unauthorized access of third parties;
4.13. In order to submit the Order, it is necessary to accept the Terms & Conditions, give personal information marked as required and press the "Order with payment obligation" button;
4.14. After the Order has been duly placed by the Customer, it shall receive a reply from the Seller to the given e-mail address together with a request for confirmation of the Order placement;
4.15. After confirming the Order placement, the Customer will be kept informed of the progress of the Order fulfilment; the Order status shall also be available after logging on to the Customer Account;
4.16. If the Customer is willing to purchase more Goods, it is requested to send an e-mail or contact the store customer service by phone under the number +48 42 678-95-51;
4.17. If the Goods are not immediately available, the Seller shall contact the Customer within 48h informing on the Order fulfilment;
4.18. An Entrepreneur shall have the right to place an Order for Specific Goods by sending an e-mail or by phone,
a. after placing an Order for Specific Goods, the Seller shall contact the Customer within 48h informing on the Order fulfilment, and then shall send a message confirming the Order acceptance;
4.19. The Seller reserves the right to refuse the Order fulfilment in case of:
a. filling an Order form or giving details by phone unduly/incompletely (not all the data needed for the Order fulfilment),
b. not receiving payment within 7 days of the Order placement (if "payment by bank transfer" was selected),
c. the Entrepreneur not being entered in the Central Register of Business Activity;
4.20. Any doubts and irregularities associated with the Order or Transaction shall be considered Monday to Friday (excluding public holidays) from 8:00 to 4:00 p.m.
§5. REGULATIONS REGARDING SHIPPING OF THE ORDERS
5.1. The start time of the Order fulfilment shall be uniform with the moment of payment being deposited to the bank account indicated in the Order confirmation, in case of payment by bank transfer, or with the moment of the Order being placed, in case of selecting the "cash on delivery" or "personal collection" options ;
5.2. The Order fulfilment shall begin after the Order status has been changed to "Processing" and shall last 1-2 working days;
a. in the event of increased seasonal sales (August to January), the Order fulfilment time may be extended to 3-4 working days;
b. the Seller reserves the right to change the Order fulfilment time, having regard to the time of production and transport and shall forthwith inform the Entrepreneur;
5.3. The Goods are sent to the address indicated on the Order form or given during placing the Order by phone or e-mail. The Seller shall forthwith inform the Customer of any irregularities that make it impossible to dispatch or may delay it;
5.4. The Goods are sent on weekdays within working hours 8:00-4:00 p.m.;
5.5. In some exceptional circumstances the Order shipment may be delayed. If this is the case, the Seller shall inform the Customer of the situation and the Customer may cancel the Order, excluding Orders for Specific Goods;
5.6. The Goods are delivered using GLS courier (general terms of courier services can be found at www.gls.pl). There is also possibility of personal collection of the Goods at the Seller's premises (Łódź, ul. Nowa 16/18, Monday to Friday 8:00-4:00 p.m., excluding public holidays);
5.7. Rules regarding the dispatch of Client Orders:
5.7.1. Size of the parcels sent domestically: weight up to 15kg, circumference + longest side < 3 m
There is a possibility of shipping parcels with non- standard dimensions. In such a case, please contact us via e-mail at mail@efutro.com.pl or call us at 42 678-95-51.
5.7.2. Price of shipping of orders paid by bank transfer, credit card or PayPal:
1 parcel – 18 PLN,
2 parcels– 36 PLN,
3 parcels – 54 PLN,
4 parcels – 72 PLN,
5.7.3. Price of shipping of orders paid upon receipt (paid upon receiving the parcel from the GLS courier):
1 parcel – 23,00 PLN,
2 parcels – 46,00 PLN,
3 parcels – 69,00 PLN,
4 parcels – 92,00 PLN,
5.7.4. The courier will make 2 attempts of delivering the parcel with the order.
5.7.5. The courier is not obliged to contact the Customer prior to delivery.
5.7.6. The Customer has the right to redirect the parcel with the order.
Redirecting the parcel is an additional service performed at the request of the Customer. It allows the recipient to redirect the parcel and use alternative methods of delivering the parcel, such as delivery on a specific day, delivery to an alternative address, delivery to the ParcelShop, declining to accept the parcel, self pick- up from the GLS Poland branch office, leaving the parcel without the signature.
To use the service of redirecting the parcel, it is mandatory for the Customer to provide their e-mail address in the order form.
5.7.7. The Customer has the right to use the Info service which entails providing the Customer with the courier's phone number. To use the Info service, the Customer is required to contact GLS Poland.
5.7.8. In case the Customer:
- does not pick up the parcel from the courier within the time- frame specified by the GLS Poland system,
- requests a delivery on a later date that would require the parcel to be stored in the GLS warehouse,
- decides to pick up the parcel from the GLS Poland branch office,
the Customer will be charged with a storage fee of 3 PLN net for every day the parcel was stored in the GLS Poland warehouse.
The fee will be calculated until the day the parcel is delivered, for every day since the disruption of the delivery process not caused by the actions of GLS Poland.
In the chart below we have presented the costs of shipping the goods to the selected countries. Gross price is presented in PLN.
If the goods are purchased in a currency different than PLN, the shipping cost will be converted to the selected currency, basing on the current exchange rates.
5.8. If the Customer selects cash on delivery payment and refuses to accept the Order consignment, it shall be charged with the Shipping Costs (including the cost of the Order delivery and return);
§ 6. PAYMENTS
6.1. We issue a proof of purchase (RECEIPT) or personal proof of purchase (VAT INVOICE) for all the Goods sold,
6.2. The Customer may make a Payment in one of the following forms:
- by transfer to the Store's bank account (the account number given while placing the Order),
- system payment (e.g. AliorBank, Visa),
- payment by check card (e.g. PayPal and IAI Pay),
- cash on delivery (when collecting the ordered Goods from the GLS courier),
- in person (in cash or by card) when collecting at the company's premises.
TRANSFER TO THE STORE'S BANK ACCOUNT is the preferred method of payment.
§ 7. CONSUMER WITHDRAWAL FROM TRANSACTION (RETURN)
7.1. The Consumer shall have no right to withdraw from the Transaction; the Goods cut (cut away) upon the Consumer's request and intended to satisfy its individual needs are not returnable;
§ 8. ENTREPRENEUR WITHDRAWAL FROM TRANSACTION (RETURN)
8.1. An Entrepreneur who has concluded a distant Transaction shall have the right to withdraw from the Transaction without any reason by submitting a Declaration of withdrawal from Transaction by phone or by sending an e-mail within 14 working days from the date of the Order receipt.
To comply with this deadline, the Entrepreneur shall send the Declaration before its expiry to the Seller's address:
ANZA Andrzej Zaborowski
Ul. Nowa 16/18,
90-031 Łódź,
(marked as "RETURN");
a. Specific Goods are not returnable
(SPECIFIC GOODS - a non-prefabricated moveable, manufactured according to the Buyer's specifications (e.g. in the colour or quantity that is unavailable on the Seller's offer) or intended to satisfy its individual needs (according to Article 38, paragraph 3 of the Act on Consumer Rights of 30 May 2014);
8.2. The Seller shall be obliged to acknowledge the receipt of the Declaration by post or electronic mail at the address indicated by the Entrepreneur;
8.3. By executing the right of Withdrawal from Transaction, the Entrepreneur is obliged to return the Goods in the unaltered state unless that alteration was necessary within the normal management of the Goods;
8.3.1. Only the Goods on original rolls shall be subject to the right of Withdrawal from Transaction, in the amount of running metres shown on the document of sales,
8.3.2. Fabrics split, cut, with a cut-out piece, cut to shape, cut along shall not be subject to the right of the Withdrawal from Transaction;
8.4. The Entrepreneur shall be liable for the reduction in the value of the product (Goods) resulting from its use in a way that is beyond necessary to determine the nature, characteristics and functioning of the product; the Seller has the right to bring a claim for compensation against the Entrepreneur for the reduction in the value of the Goods;
8.5. The return must take place immediately, not later than within 14 working days from the date of the Declaration submission. The Goods must be returned by sending them together with a copy of the proof of Transaction to the Seller's address:
ANZA Andrzej Zaborowski
Ul. Nowa 16/18,
90-031 Łódź,
It is suggested to send the Goods, a copy of the proof of Transaction and the Declaration (marked as "RETURN") in a single consignment;
8.6. The cost of the Return of Goods shall be borne by the Buyer;
8.7. The Goods should be properly packed and protected from soiling, moisture and mechanical damage;
8.8. The refund of the amount due to the Entrepreneur for the withdrawal from Transaction shall be within 14 working days from the date of delivery of the Goods to the Seller's address;
8.9. The Entrepreneur shall receive the amount due to the bank account indicated in the Declaration referred to in § 7.1. or by postal order to the address indicated by the Customer;
§ 9. COMPLAINTS PROCEDURE
9.1. Complaints Procedure is based on the principles defined in the Act on Consumer Rights of 30 May 2014;
9.2. The Seller shall be liable under the warranty for physical defects in case they are found before the elapse of two years from the day on which the Goods were released to the Consumer. The Consumer shall lose its powers if before the elapse of twelve months from finding non-conformity of the Goods with the Transaction it does not notify the Seller thereof;
9.3. The Seller shall be liable under the warranty for physical defects in case they are found before the elapse of one year from the day on which the Goods were released to the Entrepreneur. The Entrepreneur shall lose its powers if before the elapse of one month from finding non-conformity of the Goods with the Transaction it does not notify the Seller thereof;
9.4. In accordance with the applicable provisions of law, the Seller's liability shall apply to existing defects of the Goods at the time of its release;
Defects of the Goods involve:
- defects decreasing the value or utility,
- lack of properties the existence of which the Seller assured,
- incomplete products released;
The definition of a physical defect of goods does not include:
a. damage caused by normal wear and tear of the Goods,
b. mechanical damage of the Goods,
c. damage caused by improper use of the Goods, inappropriate maintenance or lack of maintenance, use contrary to the intended use, in particular;
9.5. The Seller shall not bear liability under the warranty if the Customer was aware of the defect at the time of the conclusion of Transaction (on the basis of explicit information about the defect of the Goods appearing on the Goods and on the proof of purchase);
9.6. When submitting a Complaint, the Customer shall be obliged to provide the Seller with the Goods under complaint, along with a copy of the proof of Transaction and the completed Complaint Notification (a form attached to the consignment or to be printed: click here);
9.7. If the Customer refuses to provide its details in the Complaint Notification, it shall be obliged to appear within 14 working days from the date of submission of the Complaint Notification at the Seller's headquarters at ANZA Andrzej Zaborowski, Ul. Nowa 16/18, 90-031, Łódź;
9.8. Complaints must be submitted to the Seller's address:
ANZA Andrzej Zaborowski
Ul. Nowa 16/18,
90-031, Łódź;
9.9. If the Goods have physical defects, the Customer may request to bring them into compliance with the Transaction by free replacement with new ones unless the replacement is impossible or involves excessive costs. When evaluating the cost excessiveness, the value of the Goods compliant with the Transaction shall be taken into account as well as the nature and degree of the non-compliance found;
9.10. The Seller shall consider the Complaint within 14 working days from the date of the Complaint submission. In the case of considering the Complaint in favour of the Customer, the Seller shall replace the Goods under complaint with new, faultless ones and shall send them to the address indicated by the Consumer;
9.11. It is possible to withdraw from the contract, that is to Return the defective Goods only if the first/previous complaint does not satisfy the Customer's needs;
9.12. The Complaint shall be deemed to be considered in favour of the Consumer if the Seller does not reply to the Customer's Complaint Notification within 14 working days, following which the Seller is obliged to execute the Customer's request included in the Complaint Form (Goods replacement, lowered price, cash refund);
9.13. In the case of considering the Complaint in favour of the Customer, the Shipping Costs of the Goods under complaint to the Seller and the Shipping Costs of the repaired or replaced Goods to the Customer shall be borne by the Seller;
a. The Customer shall be obliged to provide the proof confirming the amount of the Shipping Costs of the Goods under complaint to the Seller;
9.14. If the Complaint is found to be non-existent, the Shipping Costs of the Goods under complaint shall be borne by the Customer;
9.15. Differences (in colour shades, in particular) between the images on the Website and the actual appearance of the Goods delivered within the Transaction, arising from the properties of the devices used by the Customer, i.e. screen, display or printer, cannot be considered by the Customer as the physical defect of the Goods aggravating the Seller;
9.16. If such differences are found and if they make the Customer less satisfied or dissatisfied with the purchase of the Goods, the Seller shall suggest that the Customer should use its right of Return, as referred to in 7, rather than the Complaint procedure.
§ 10. PRIVACY POLICY AND PERSONAL DATA PROTECTION
10.1. Respecting the rights of the Customer and the regulation of the European Parliament and the Council (EU) 2016/679 from 27.04.2016 regarding the protection of physical persons concerning the processing of personal data and the free flow of thereof and repealing the regulation 95/46/WE (general regulation about data protection), the company ANZA Andrzej Zaborowski commits to preserving safety and privacy of the obtained personal data.
10.2. The Administrator of Personal Data shall be:
ANZA Andrzej Zaborowski
Ul. Nowa 16/18,
90-031 Łódź,
10.3. In our store we collect the following personal information:
• Full name - when placing an Order the Buyer will be asked to provide its first and last names to submit the Order,
• Address of residence - to submit the Order,
• Phone number - to contact in case of unexpected events such as lack of goods in stock,
• E-mail address - by e-mail the Order confirmation, messages from the Seller and the Newsletter shall be sent,
• IP address - information arising from the general principles of connections in the Internet, such as your IP address (and other information contained in the system logs) are used by the server administrator for technical purposes. IP addresses may also be used for statistical purposes to collect general demographic information (e.g. about the region from which the connection is made),
• Cookies – the Store uses Cookies to customize the website to the Buyer's individual needs (the Buyer may agree that the details it types are saved and next time it uses the store there is no need to type them again. If the Buyer does not give its consent to do so, it should disable cookies in its Internet browser),
If the Customer does not agree to this, they should disable the use of cookies in their Internet browser. Some of the data is shared directly by you (eg. While registering or purchasing the products) and the other is obtained automatically (eg. During visiting the e-shop www.efutro.pl, using the 'Sklep eFutro.pl' app or after clicking on the newsletter received via e-mail).
10.4. Providing the above information is necessary in the following cases:
- when purchasing and placing Orders (when purchasing without logging into account, after such Order fulfilment, any details that may identify the Buyer (first name, surname, address, phone number, e-mail address) shall be deleted from the database. Only the sales document remains, which is stored for fiscal purposes,
- when registering in the Customers database - the registration is voluntary (details stored in the database facilitate the Buyer's future purchases),
- if the Buyer wants to be kept informed about interesting events and business offers - by subscribing the Newsletter,
10.5. Each User can choose whether and to what extent it wants to use the services of www.efutro.pl and share its information. If for some reason the User does not wish to provide its personal details, it shall have the right to delete them or not to use the website,
10.6. The Store does not share any details with third parties. Confidential information:
credit card numbers or access data to bank accounts are not stored either,
10.7. In accordance to the regulation of the European Parliament and the Council (EU) 2016/679 from 27.04.2016 regarding the protection of the physical persons, the Customer has the right to correct, fill in, update, clarify or demand removing their personal data. To do so, the Customer shall send their request to the Seller via e-mail to mail@efutro.pl or via registered mail to ANZA Andrzej Zaborowski.
The following Privacy Policy sets out the rules for storage and access to information on the User's devices using Cookies, for the implementation of electronic services requested by the User, by: ANZA Andrzej Zaborowski Ul. Nowa 16/18, 90-031, Łódź.
10.I. DEFINITIONS
'Administrator' shall mean ANZA Andrzej Zaborowski, ul. Nowa 16/18, 90-031 Łódź, entered in the Central Register of Business Activity under Tax Identifier Number: 727-002-78-92, REGON: 470822146, CEIDG: 906., which provides electronic services as well as stores and accesses information in the User's devices.
1. 'Cookies' shall mean IT data, small text files, in particular, saved and stored on devices through which the User uses the Website pages;
2. 'Administrator's Cookies' shall mean Cookies published by the Administrator, related to the provision of electronic services by the Administrator through the Website;
3. 'External Cookies' shall mean Cookies published by the Administrator's partners through the Website pages;
4. 'Website' shall mean a web page or application which the Administrator operates at the domain www.efutro.pl;
5. 'Device' shall mean an electronic device through which the User accesses the Website;
6. 'User' shall mean an entity for whom, according to the Terms & Conditions and the provisions of law, services may be provided electronically or with whom an Agreement for the provision of electronic services may be concluded.
10.II. TYPES OF USED COOKIES
1. The Cookies used by the Administrator are safe for the User's device. In particular, this way it is not possible to for viruses or other unwanted software or malware to enter the Users’ Devices. These files allow the software used by the User to be identified and the Website to be customized to each User individually. Cookies usually contain the domain name they originate, storage time on the Device and an assigned value.
2. The Administrator uses two types of cookies:
Session Cookies are stored on the User's Device and remain there until the end of the browser session. In such case, the information saved is permanently removed from the Device's memory. The mechanism of session cookies does not allow downloading any personal or confidential information from the User's Device;
Persistent Cookies are stored on the User's Device and remain there until they are deleted. The browser session ending or the Device being switched off does not delete them from the User’s Device. The mechanism of persistent cookies does not allow downloading any personal or confidential information from the User's Device.
3. The User has the possibility of limiting or disabling cookies access to its Device. If the User exercises this option, the use of the Website will be possible, excluding the functions which by their nature require cookies.
10.III. PURPOSES FOR WHICH COOKIES ARE USED
1. The Administrator uses its Own Cookies for the following purposes:
a. Website configuration, customization of the Website pages content to the User's preferences and optimization of the use of the Website pages; identification of the Website User's device and its location and proper display of the website suited to its individual needs; remembering the settings selected by the User and personalization of the User interface, e.g. in terms of the language or region the User originates from; remembering the history of the visited Website pages in order to recommend their content, the font size, the website layout, etc.;
b. User Authentication and provision of User sessions on the website, maintenance of the Website User sessions (after logging in) so that the User does not need to enter the login and password on each page of the Website; proper configuration of selected Website features, in particular, allowing authentication of the browser session; optimizing and improving the performance of services provided by the Administrator;
c. The implementation of processes indispensable for full functionality of web pages, customization of the Website pages content to the User's preferences and optimization of the use of the Website pages. In particular, these files allow to identify basic parameters of the User’s Device and properly display the website suited to its individual needs; to correctly handle an affiliate program, allowing, in particular, the verification of sources of redirecting Users to the Website pages;
d. Remembering the User location, correct configuration of selected features of the Website, allowing, in particular, to customize the information provided to the User taking into account its location;
e. Analyses and research as well as viewing auditing to create anonymous statistics which help understand how the Website Users benefit from the Website pages, which allows for the improvement of their structure and content;
f. The provision of advertising services, adjusting the advertisements of third-party services and products presented on the Website;
g. Ensuring safety and reliability of the Website.
2. The Administrator uses External Cookies for the following purposes:
a. presenting multimedia content on the Website pages that are downloaded from an external Web site: www.vimeo.com [cookies administrator: Vimeo, LLC. based in the USA] www.youtube.com [cookies administrator: Google Inc., based in the USA];
b. collecting general and anonymous static data using analytical tools: Google Analytics [cookies administrator: Google Inc based in the USA] Gemius Traffic [cookies administrator: Gemius S.A. based in Warsaw];
c. presenting advertisements suited to the User's preferences using the Internet advertising tool: Google AdSense [cookies administrator: Google Inc., based in the USA];
d. logging in to the website using a social networking site: Facebook Connect [cookies administrator: Facebook Inc based in the USA or Facebook Ireland based in Ireland]; Google [cookies administrator: Google Inc., based in the USA];
e. using interactive features in order to promote the website through social networking sites: twitter.com [cookies administrator: Twitter Inc. based in the USA] plus.google.com [cookies administrator: Google Inc based in the USA] Facebook.com [cookies administrator: Facebook Inc based in the USA or Facebook Ireland based in Ireland].
10.IV. POTENTIAL FOR DETERMINING CONDITIONS FOR STORAGE OF OR ACCESS TO COOKIES
1. The User can change the settings for Cookies independently and at any time, by specifying the conditions for their storage and gaining access to the user's Device through the Cookies. Changes to the settings referred to in the previous sentence can be made by the User using the Internet browser settings or the service configuration. In particular, these settings can be changed in such a way that the automatic support for cookies will be blocked in the Internet browser settings or there will be information each time Cookies are published on the User device. Detailed information on the potential and ways of handling cookies is available in the software (Internet browser) settings.
2. The User may delete Cookies at any time using the features available in the Internet browser it uses.
3. Restricting the use of Cookies may affect some functionalities available on the Website.
§ 11. CHANGES TO TERMS & CONDITIONS
11.1. Customers with a Customer Account in the Store shall be informed via e-mail of any change to the Terms & Conditions;
11.2. If a change to the Store's Terms & Conditions was made during the time that has elapsed since the last logging in or placing an Order, the Customer shall accept or not their provisions after the amendment. In the absence of acceptance of the Terms & Conditions, in particular after changes being introduced, shopping in the Online Store shall not be possible;
11.3. The Customer who does not accept the changes introduced to the Terms & Condition shall have the right to remove its account at any time;
11.4. Orders placed by Customers before the changes to the Terms & Conditions become effective shall be processed according to the existing provisions of the Terms & Conditions;
§ 12. FINAL PROVISIONS
12.1. To all matters not settled herein, the provisions of the Act of 2 March 2000 on the Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Dangerous Product (Polish Journal of Laws 2000 No. 22, item 271 as amended), the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Polish Journal of Laws 2002 No. 141, item 1176 as amended) as well as the Act of 23 April 1964 Civil Code (Polish Journal of Laws 1964 No. 16, item 93 as amended) shall apply;
12.2. Disputes arising from the application hereof and relating to the execution of Transactions concluded between the Store and the Customers shall be considered by a Court of competent jurisdiction under the provisions of the local and subject matter jurisdiction in accordance with the Act of 17 November 1964 – the Code of Civil Procedure (Polish Journal of Laws No. 43, item 296 as amended).
ADDITIONAL INFORMATION Please note:
- the delivery lead time is maximum 30 days,
- all goods offered by the seller are free from physical and legal defects, and they have been legally entered to the Polish market (this information obliges the seller to deliver faultless products to the customer),
- each Customer has the opportunity to become familiar with the code of good business practices, available in Article 2 paragraph 4 of the Act of 23 August 2007. The current wording of the Act is available at http://isap.sejm.gov.pl/.
- each Customer has the opportunity to out-of-court settlement of disputes arising from the agreement,
The Customer shall be entitled to recourse to a permanent arbitration of consumer court acting at the Commercial Inspection requesting to settle the dispute arising from the concluded Contract of Transaction.
The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection for the initiation of mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller.
The Customer may receive free legal assistance to the settlement of the dispute between the Customer and the Seller, using also free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks are to protect consumers (Consumer Federation, Association of Polish Consumers, among others). Tips are provided by the Consumer Federation under a free consumer hotline number 800 007 707 and by the Association of Polish Consumers via e-mail at porady@dlakonsumentow.pl.
- the Court of competent jurisdiction for the settlement of disputes relating to the execution of agreement is the court competent for the Customer's place of residence,
- the language used in the relations between the Seller and the Customer is the Polish language.
The Consumer may use the extra-judicial means of dealing with complaints and making claims. If the Consumer wishes to use the possibility of the amicable settlement of disputes relating to online purchases,
The Consumer can lodge its complaint, for example through the EU's web-based ODR platform available at: http://ec.europa.eu/consumers/odr/.
Act of Consumer Rights of 30 May 2014 Article 12.
1. An entrepreneur is required to provide the consumer, in a clear and comprehensible way, no later than the moment the consumer expresses its will to be bound by a distance contract or an off-premises contract, with the following information:
1) the main characteristics of the contract performance, including the goods and services to be provided, and the means of communication with the consumer;
2) the entrepreneur’s identity, in particular information on the business name, the authority which registered the business and the registration number of that business;
3) the entrepreneur’s address, e-mail address, and phone and fax numbers, if available, which the consumer can use to quickly and effectively contact the entrepreneur;
4) the address for consumer complaints, if different from the address referred to in point 3;
5) the total price or remuneration for the goods or services, tax included, or where the nature of the goods or services does not reasonably allow calculation of the price or remuneration in advance – the manner in which the price or remuneration is to be calculated, as well as freight, delivery or postal charges or any other charges, where those charges cannot be determined, the fact that such charges may be payable; in cases of an indefinite term contract, or a contract which includes subscription, the entrepreneur is obliged to state the total price or remuneration, covering all the payments for the accounting period, and where the contract provides for a fixed rate – also about the total monthly payments;
6) the costs of using a means of distance communication for the purposes of concluding a contract, if such costs exceed the standard fees for using the means of communication;
7) the method and the time limit for payment;
8) the method and the time limit for contract performance by the entrepreneur as well as the complaint consideration procedure applied by the entrepreneur;
9) the method and the time limit for exercising the right to withdraw from a contract pursuant to Article 27, as well as about the model withdrawal form attached as appendix no. 2 to this Act;
10) the costs incurred by the consumer for the return of goods in the case of withdrawal from the contract; in relation to distance contracts – the costs of returning goods, where the nature of the goods makes them impossible to send back via the standard postal service;
11) the consumer’s obligation to pay reasonable costs incurred by the entrepreneur pursuant to Article 35, where the consumer withdraws from the contract after a request is made pursuant to Article 15 paragraph 3 and Article 21 paragraph 2;
12) the lack of the right to withdraw from a contract pursuant to Article 38 or of circumstances in which the consumer loses the withdrawal right;
13) the entrepreneur’s obligation to deliver goods free of defects;
14) the guarantee and its content and about after-sales services and the manner in which they are provided;
15) the code of good practice referred to in Article 2 paragraph 5 of the Act of 23 August 2007 on Combating Unfair Commercial Practices and the manner of becoming familiar with this code;
16) the duration of the contract, or in the case of an indefinite term contract or where the contract is to be automatically renewed, about the manner and grounds for serving notice of termination of the contract;
17) the minimum duration of the consumer’s obligations arising from the contract;
18) the amount and the manner of providing a deposit or issuing other financial guarantees which the consumer is required to provide upon the entrepreneur’s request;
19) the functionality, including applicable technical protection measures, of digital content;
20) any relevant interoperability of digital content with computer hardware and software of which the entrepreneur is aware or should be aware;
21) the possibility of having recourse to an out-of-court complaint and making claims mechanism and the methods for having access to these procedures.
2. If a contract is concluded on behalf of another entrepreneur, information on that entrepreneur’s identity, as specified in paragraph 1 subparagraphs 2 to 4, should be provided.
3. In cases of public auctions, the information referred to in paragraph 1 subparagraphs 2 to 4 can be substituted with information about the auction organiser.
DECLARATION OF WITHDRAWAL FROM TRANSACTION Form ..........................
COMPLAINT NOTIFICATION Form ...................
This version of the Terms & Conditions shall enter into force on 15 March 2016.
