Polski
Ver. 1.1
Online Store Terms and Conditions
The Inco Uszczelnienia Online Store respects consumer rights. The consumer cannot waive the rights granted to them under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any potential doubts shall be interpreted in favor of the consumer. In case of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, the latter shall prevail and be applied.
Table of Contents
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General Provisions
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Electronic Services in the Online Store
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Conditions for Concluding a Sales Agreement
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Methods and Deadlines for Product Payment
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Cost, Methods, and Deadlines for Product Delivery and Pickup
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Warranty, Complaint, and Product Returns
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Out-of-Court Methods for Handling Complaints and Pursuing Claims and Rules of Access to These Procedures
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Right to Withdraw from the Agreement
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Provisions Regarding Entrepreneurs
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Final Provisions
1. General Provisions
1.1. The Inco Uszczelnienia online store, available at the internet address sklep.inco-uszczelnienia.pl, is operated by ElastoGum Sławomir Pieniek with its registered office in Wilczyce — entered into the Central Registration and Information on Business Activity (CEIDG), under tax identification number NIP 8821063678 and statistical number REGON 021138937. Address of the place of business and address for deliveries: ul. Dworska 11, 51-361 Wilczyce. E-mail address: biuro@elastogum.pl, telephone number: +48 713 990 300.
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store (except for point 9 of the Terms, which is addressed exclusively to entrepreneurs).
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, to the extent, and on the basis and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. Business Day – one day from Monday to Friday excluding statutory public holidays.2. Electronic Services in the Online Store
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – using an Account is possible after the Service Recipient performs three consecutive steps together – filling out the Registration Form, clicking the "Create Account" field, confirming the desire to create an Account by clicking on the confirmation link sent automatically to the provided e-mail address. In the Registration Form, the Service Recipient must provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
- Computer, laptop, or other multimedia device with internet access;
- Access to e-mail;
- Web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher;
- Recommended minimum screen resolution: 1024x768;
- Enabling in the web browser the ability to save Cookies and support for Javascript.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with law and good morals, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points 6 and 7 of the Terms) may be submitted by the Service Recipient, for example:3. Conditions for Concluding a Sales Agreement
3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.3 of the Terms.
3.2. The price of the Product displayed on the Online Store page is given in Polish zlotys and includes taxes. The Customer is informed on the Online Store pages during the Order placement, including at the moment the Customer expresses the will to be bound by the Sales Agreement, about the total price including taxes of the Product being the subject of the Order, as well as about delivery costs (including transport, delivery, and postal service charges) and other costs, and when the amount of these charges cannot be determined – about the obligation to pay them.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form:
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.3 of the Terms.3.4. The recording, securing, and making available to the Customer of the content of the concluded Sales Agreement is done by making these Terms and Conditions available on the Online Store page, and by sending the Customer the e-mail message referred to in point 3.3.2. of the Terms.
3.5. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. Methods and Deadlines for Product Payment
4.1. Depending on the type of customer, their location, and the type of selected products, the Seller makes some of the following payment methods available to the Customer under the Sales Agreement:
4.1.1. Cash on delivery (COD) upon receipt of the shipment.4.2. Payment deadline:
4.2.1. If the Customer chooses payment by: bank transfer, electronic payment, quick transfer, and card payment, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.Current forms of payment
5. Cost, Methods, and Deadlines for Product Delivery and Pickup
5.1. Product delivery is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement stipulates otherwise. The costs of Product delivery (including transport, delivery, and postal service charges) are indicated to the Customer on the Online Store pages in the page footer "delivery and cost" and during Order placement, including in the "store terms and conditions" accepted at the moment the Customer expresses the will to be bound by the Sales Agreement.
5.3. Personal pickup of the Product ordered by the Customer may be free or chargeable depending on the chosen payment method: costs of personal pickup.
5.4. The Seller makes the following methods of delivery or pickup of the Product available to the Customer:
5.4.1. Courier shipment, and cash on delivery courier shipment.5.5. The delivery term of the Product to the Customer is usually up to 5 Business Days, unless a different term is given in the description of a given Product or during Order placement. For Products with different delivery terms, the delivery term is the longest of the given terms. The start of the delivery term of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses the payment method by transfer, electronic payment, or card payment – from the day the Seller's bank account or settlement account is credited.5.6. The term of readiness of the Product for pickup by the Customer – if the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer within up to 4 Business Days, unless a different term is given in the description of a given Product or during Order placement. For Products with different readiness terms for pickup, the readiness term for pickup is the longest of the given terms. The Customer will be additionally informed about the readiness of the Product for pickup by the Seller by sending an appropriate e-mail message to the e-mail address provided during Order placement. The start of the term of readiness of the Product for pickup by the Customer is calculated as follows:
5.6.1. If the Customer chooses the payment method by transfer, electronic payment, or card payment – from the day the Seller's bank account or settlement account is credited.5.7. In the case of ordering a product that is not in stock (missing product size, missing color, etc.), the seller will inform the buyer about the extended delivery period with the possibility of canceling the placed order at the customer's request.
Current forms and cost of delivery
6. Warranty and Complaint
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty for defects), are defined by generally applicable provisions of law, in particular the Civil Code (especially in Art. 556-576 of the Civil Code).
6.1.1. The Seller provides a warranty on the product amounting to 2 years from the date of sale of the product.
6.2. The Seller is obliged to deliver the Product to the Customer without defects.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. In writing to the address: ul. Dworska 11, 51-361 Wilczyce; 6.3.2. In electronic form via e-mail to: sklep@elastogum.pl; 6.3.3. By filling out the complaint form on the Complaints page.
6.4. It is recommended that the Customer provide in the complaint description:
6.4.1. Information and circumstances regarding the subject of the complaint, in particular the type and date of the defect occurrence; 6.4.2. Request for bringing the Product into compliance with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; 6.4.3. Contact details of the complainant – this will facilitate and expedite the handling of the complaint by the Seller. The requirements given in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer demanded replacement of the item or removal of the defect or submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that this demand was recognized as justified.
6.6. A Customer exercising rights under the warranty for defects is obliged to deliver the defective Product to the address: ul. Dworska 11, 51-361 Wilczyce. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller; in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If due to the nature of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
Complaint - exchange / repair - form
If the seller exchanged a product non-compliant with the agreement for another free from defects, or repaired it by removing the defect, but the defect still occurs, the customer may use the forms below and request a reduction in its value, or submit a request to withdraw from the agreement due to the continued occurrence of the defect.
Complaint - reduction in product value - form
Complaint - withdrawal from agreement - form
7. Out-of-Court Methods for Handling Complaints and Pursuing Claims and Rules of Access to These Procedures
7.1. Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. A contact point also operates at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, Warszawa.), whose tasks include, among others, providing assistance to consumers in matters regarding out-of-court resolution of consumer disputes.
7.3. The consumer has the following example possibilities of using out-of-court methods of handling complaints and pursuing claims:
7.3.1. Request for dispute resolution to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); 7.3.2. Request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent due to the place of business activity of the Seller); 7.3.3. Assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Polish Consumers Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (helpline open on Business Days, from 8:00 to 18:00, call charge according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr the online platform for out-of-court resolution of disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement (more information on the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. Right to Withdraw from the Agreement
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Terms. To meet the deadline, it is sufficient to send the statement before its expiry. The statement on withdrawal from the contract may be submitted, for example:
8.1.1. In writing to the address: ul. Dworska 11, 51-361 Wilczyce; 8.1.2. In electronic form via e-mail to: sklep@inco-uszczelnienia.pl; 8.2.3. By filling out the return form on the Returns page.
8.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store website in the "Return or complaint" section. The consumer may use the form template, but this is not obligatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. For a contract under which the Seller releases the Product, being obliged to transfer its ownership (e.g., Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of a contract which:
8.3.1.1. Covers multiple Products which are delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part;
8.3.1.2. Involves regular delivery of Products over a specified period – from taking possession of the first of the Products.
8.3.2. For other contracts – from the day of conclusion of the contract.
8.4. In the case of withdrawal from a distance contract, the contract is considered not concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, refund to the consumer all payments made by them, including the costs of Product delivery (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The Seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method which does not entail any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until receipt of the Product back or until the consumer provides proof of its return, whichever occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry. The consumer may return the Product to the address: ul. Dworska 11, 51-361 Wilczyce.
8.7. The consumer is liable for any diminished value of the Product resulting from handling it in a manner beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer. 8.8.2. The consumer bears the direct costs of returning the Product. 8.8.3. In the case of a Product being a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the moment of withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performed service.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.9.1. For the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the performance that after the performance by the Seller they would lose the right of withdrawal; 8.9.2. Where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; 8.9.3. Where the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy their individualized needs; 8.9.4. Where the subject of the service is a Product that perishes quickly or has a short shelf life; 8.9.5. Where the subject of the service is a Product delivered in sealed packaging which cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging was opened after delivery; 8.9.6. Where the subject of the service are Products which after delivery, due to their nature, become inseparably connected with other items; 8.9.7. Where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; 8.9.8. Where the consumer expressly requested the Seller to come to them for the purpose of carrying out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for carrying out the repair or maintenance, the right of withdrawal from the contract is available to the consumer in relation to the additional services or Products; 8.9.9. Where the subject of the service are sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; 8.9.10. For the supply of newspapers, periodicals, or magazines, except for subscription contracts; 8.9.11. Concluded by public auction; 8.9.12. For the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract indicates the day or period of service provision; 8.9.13. For the supply of digital content which is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the expiry of the withdrawal period and after the Seller informed them about the loss of the right of withdrawal.
Withdrawal from a distance contract or a contract concluded off-premises - form
9. Provisions Regarding Entrepreneurs
9.1. This point of the Terms and the provisions contained therein apply exclusively to Customers and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit available payment methods, including also to require prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Agreement.
9.4. From the moment the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Customer who is not a consumer. The Seller in such a case is not liable for loss, shortage, or damage to the Product arising from its acceptance for carriage until its delivery to the Customer, nor for delay in carriage of the shipment.
9.5. In case the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in the time and manner customary for shipments of this kind. If they find that loss or damage to the Product occurred during carriage, they are obliged to undertake all necessary steps to determine the carrier's liability.
9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for defects for the Product towards a Customer who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
9.8. The liability of the Service Provider/Seller towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits towards a Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court competent for the registered office of the Seller/Service Provider.
10. Final Provisions
10.1. Agreements concluded via the Online Store are concluded in Polish.
10.2. Amendment of the Terms:
10.2.1. The Service Provider reserves the right to amend the Terms for important reasons, i.e.: changes in legal regulations; changes in payment and delivery methods – to the extent these changes affect the implementation of the provisions of these Terms.