TERMS AND CONDITIONS OF SALE / GENERAL TERMS AND CONDITIONS OF SALE FOR CONTRACTS CONCLUDED AT DISTANCE BY THE ONLINE STORE GETEFENTO.COM
I. General Provisions
- These Regulations are an integral part of the contract for the sale of products offered by Efento Sp. z o.o. with its registered office in Kraków, ul. Krupnicza 14/5, 31-123 Kraków, using the tax identification number NIP 6762499917, REGON 363515645, KRS 0000941769.
- The sale takes place via the Internet between the person placing the order in the online store getefento.com, hereinafter referred to as the Customer, and Efento Sp. z o.o. , hereinafter referred to as the Seller.
- The buyer can be any natural or legal person or organizational unit without legal personality. The terms Buyer and Customer used in these regulations are synonymous.
Every customer purchasing products offered by Efento Sp. z o.o. is obliged to read the regulations.
II. Selling item
- The subject of sale are products presented on the getefento.com website.
- All products offered on getefento.com are brand new, free from physical and legal defects, and have been legally placed on the Polish market. However, the Seller reserves the right to offer sale products that will be properly marked and described.
- The seller is obliged to provide items free from defects in accordance with the provisions of Art. 556 and 5561 – 5563 of the Act of April 23, 1964, the Civil Code (i.e., Journal of Laws 2014, item 121 as amended).
- Prices of all products presented on the website getefento.com are expressed in US dollars and include VAT. The gross price of the product does not include the cost of delivery.
- The seller regularly updates the offer of his products presented on the getefento.com website.
- Payment for the order is made by transfer, before delivery of the goods to the Seller’s bank account (prepayment) using the tpay.pl service.
- By accepting the Regulations, the Customer purchasing the offered products agrees to the issuing and sending of invoices in electronic form by the Seller in accordance with the Regulation of the Minister of Finance of July 14, 2005 on the issuing and sending of invoices in electronic form, as well as storage and making available to the tax authority or body fiscal control of these invoices (Journal of Laws 2005, No. 133, item 1119) and the rules for issuing, sending and storing an electronic invoice. Consent to receive invoices in electronic form is tantamount to resignation from receiving invoices in paper form.
- Customer acceptance does not exclude Efento Sp. z o.o. to issue and send invoices in paper form.
- The seller issues and sends invoices in electronic form guaranteeing the authenticity of their origin and the integrity of their content.
- The Seller shall not be liable for incorrect data of the Buyer indicated by him during registration as appropriate for issuing a VAT invoice.
- Each invoice in electronic form will be delivered to customers via e-mail to the e-mail addresses provided by the customer in the registration form. Changing the Customer’s email address requires notification to the Seller in writing or electronically. In the absence of notification by the Customer to the Seller about a change in the e-mail address, correspondence addressed to the existing e-mail address is considered to have been correctly delivered.
The customer is entitled to withdraw acceptance in accordance with § 3 para. 4 of the Regulation by a written declaration of intent to the following address: Efento Sp. z o.o., ul. Krupnicza 14/5, 31-123 Kraków or by e-mail to firstname.lastname@example.org. In the event of withdrawal of acceptance from the day following the date of delivery of the Customer’s statement on withdrawal of acceptance of Efento Sp. z o.o. loses the right to issue and send invoices to the Customer in electronic form.
- Orders in the online store can be placed via the getefento.com website.
- Orders can be placed by both registered and unregistered users, however, each user placing an order must accept the provisions of these regulations.
- A registered user has the option of: making purchases in the online store getefento.com, is entitled to receive individual discounts, is entitled to participate in promotions, keeping detailed statistics of its activities in the Seller’s system.
- To register correctly, complete all fields of the registration form containing the data required to set up a user account.
- Akcpetending store regulations getefento.com Customer: agrees to place his contact details in the Efento Sp. z o.o. database and processing them in accordance with the Act of 29.09.1997 on the protection of personal data (Journal of Laws No. 133, item 883). These data will be used only for the implementation of the contract by the Seller, may agree to receive information about promotions and news.
- Providing personal data in the registration form is voluntary, although necessary for the implementation of the sales contract concluded with the Seller. The customer has the right to access their data and correct them.
- Amendments to the Regulations enter into force within a period of not less than 7 days from the moment of making the amended Regulations available on the website etefento.com, with the proviso that transactions initiated before the entry into force of these changes are carried out on the basis of the current rules.
- To buy products in the online store getefento.com, click on the desired product and place the order.
- Placing an order is not tantamount to its acceptance.
- The conclusion of a purchase/sale contract via the online store takes place when the seller provides information about the acceptance of the order, specifying the date of delivery and acceptance of these conditions by the customer.
- Deliveries of products ordered in the gtefento.com Online Store carried out all over the world, however, depending on the place of delivery, additional fees may be charged, of which the Customer will be notified.
- Purchased products are delivered in accordance with the will of the customer through the courier company UPS Polska Sp. z o.o.
- The cost of delivery of the purchased products is indicated on the getefento.com website and displayed before the Buyer’s acceptance of the order.
- In the event that the Seller cannot fulfill the obligation due to even a temporary inability to fulfill the performance of the properties ordered by the Customer, the Seller may release from the obligation by fulfilling the substitute performance, corresponding to the same quality and purpose, and for the same price or remuneration, while informing the Customer about letter about his right not to accept this benefit and withdraw from the contract, with the return of the item at the expense of the Seller. In this case, the customer has the right to withdraw from the contract in the manner and on the principles set out in art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). The return of the item is then at the expense of the Seller.
- If the parcel is delivered by UPS Polska Sp. z o.o. receipt requires a written receipt. When the goods are released to the Customer, the ownership of the goods, rights and all risks related to the possession and use of the goods, in particular the risk of loss or damage, will pass to him.
- In the event of any damage to the equipment that may be related to the delivery, it is recommended to report it within 24 hours of receipt of the parcel at getefento.com/contact and within 7 days directly at the courier company UPS Polska Sp. z o.o.
- Any damage to the equipment that may be related to the delivery, despite the absence of damage to the outer packaging (mechanical damage to the contents of the parcel, quantity shortages, incompleteness of the parcel, etc.), it is recommended that the Customer report within 24 hours of receiving the parcel at getefento.com/contact and prepared a damage report with the shipping company in this respect.
V. The right to withdraw from the contract
- The customer who has concluded a distance contract may withdraw from it in writing without giving a reason within 30 days of the date of delivery of the item. A declaration of withdrawal from the contract should be sent to the address of the registered office of Efento Sp. z o.o. (indicated in Title I, point 1 of these Regulations). The Seller makes it possible to submit a declaration electronically to the e-mail address: email@example.com.
- Exercise of the right of withdrawal is also possible using the form attached as Annex 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
- The 30-day period, counted from the day of handing over the item, understood as taking possession of the item by the consumer or a third party indicated by the consumer other than the carrier.
- The right to withdraw from a contract concluded off-premises or remotely is not entitled to the consumer in respect of contracts: for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract; in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- For the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
- The customer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The goods should be returned immediately after submitting the statement of withdrawal from the contract, no later than within 7 days in an unaltered state.
- In the event of withdrawal from the contract of sale of the product purchased in a set with another product, the entire set is refundable.
- The costs of direct sending (returning) of the goods to the Seller in connection with the withdrawal from the contract without giving a reason within 30 days from the date of delivery of the item shall be borne by the Customer.
- If the customer has chosen a delivery method other than the cheapest usual delivery method offered by the entrepreneur, the entrepreneur is not obliged to reimburse the consumer for the additional costs incurred by him.
The rights and obligations set out in points 4-9 of the Regulations are available only to Customers-Consumers purchasing products under a distance contract within the meaning of art. 2 clause 1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). The seller informs that he does not sell products on the basis of contracts concluded off-premises (acquisition, etc.).
- Every customer who has a sales contract has the right to complain.
- In the event of a technical fault, please contact the Seller by electronically via the contact form on the website help.efento.io.
- The form should contain a detailed description of the defects or non-conformities along with information in what situation the defect or nonconformity occurs.
- After completing the complaint application form, the Customer receives further instructions on the complaint by electronic means.
- In order to improve the complaint procedure, the Customer who makes a complaint about a product purchased and delivered via the Internet is recommended that as part of such a complaint he sends the product directly to the address of the registered office of the Seller: Efento Sp. z o.o. Ul. Krupnicza 14/5, 31-123 Krakow.
- The advertised goods should be properly secured. The service is not responsible for damage caused in transport.
- The parcel should be marked with the number of the declaration, which will be generated after completing the form.
- The advertised goods should contain the original packaging upon delivery to the Seller’s headquarters.
- A warranty document or proof of purchase should be attached to the advertised product.
- After considering the complaint, the Customer receives information from the Seller regarding further proceedings: repair of the equipment as part of the warranty service, replacement of the equipment with a new one or rejection of the complaint. If the complaint is rejected, the customer receives service documentation describing the result of the service expertise along with the reason for the complaint being rejected.
- The receipt of the advertised equipment takes place only in the place and in the form in which the goods were delivered to the Seller.
- The claimed equipment should be collected within 30 days of notifying the Customer about the completion of service procedures. If the equipment is not received in the abovementioned the Seller shall call the Customer in writing to pick up the equipment within 14 days from the date of delivery of the request. After the ineffective expiry of the additional period, the Seller is entitled to charge fees for the non-contractual storage of equipment. This fee is 5% of the current rate for 1 m2 of warehouse space in the city of the seller’s registered office calculated for each month of storage.
In the case of selling goods in trade between entrepreneurs pursuant to art. 558 § 1 of the Civil Code. the parties exclude the liability of the seller under the warranty for physical and legal defects of things, in particular they determine that he does not bear any responsibility for hidden defects of the sale item.
VIII. Final Provisions
- The entity operating the store is not responsible for interruptions in the use of the online store for technical reasons (maintenance, inspection, replacement of equipment, etc.) or other reasons beyond its control.
The seller has the right to entrust the performance of the contract to a third party (as a subcontractor).