Regulations of the eMeblast.pl Internet Store

§1 INTRODUCTORY PROVISIONS

  1. The emeblast online store, available at www. emeblast.pl, is run by MEBLAST, Z-d Stolarski Aleksy Bułynko, registered in the Central Register of Business Activity (CEIDG) maintained by the Minister of Economy, NIP 5420007081, REGON 05013609.
  2. The use of the Online Store requires that the end device and telecommunications system used by the Customer meet the technical requirements.
  3. These Regulations are addressed both to Customers who are Consumers and Customers who are not Consumers, using the Online Shop, Electronic Services or entering into Sales Agreements, and defines the rules and procedures for entering into a Distance Sales Agreement with a Consumer through the Shop.
  4. Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account and/or in order for the Customer to place an Order.
  5. The information on the website of the Online Store or, in the case of placing an Order using other means of remote communication, an electronic message confirming the content of the proposed Sales Agreement, constitute only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, directed by the Seller to the Customers, and not an offer within the meaning of the Civil Code.

§2 DEFINITIONS

  1. PRICE is the amount of gross remuneration (including VAT), specified in Polish zlotys, due to the Seller for transferring the ownership of the Product to the Client in accordance with the Sales Agreement. However, the Price does not include delivery costs, unless the terms of the Promotion applied by the Store state otherwise.
  2. A BUSINESS DAY is one day from Monday to Friday excluding public holidays.
  3. REGISTRATION FORM is a form available in the Store to create an Account.
  4. ORDER FORM is an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  5. PASSWORD is a string of alphanumeric characters necessary for authorization when accessing the Account, which is specified by the Customer when creating the Account. The Customer is obliged to keep the Password strictly confidential (which means not disclosing it to third parties). The Password may be changed in the Account settings. The Seller may make available to the Customer the possibility of so-called recovery of a forgotten Password in the manner specified within the Store.
  6. A CUSTOMER is a natural person or a legal person acting through an authorized person, or an organizational unit that does not have legal personality, but to which the law grants legal capacity - having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain the legally effective consent of his/her legal representative to conclude the Service Agreement/Sales Agreement and to present such consent at any request of the Seller.
  7. CONSUMER is a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
  8. ACCOUNT is an Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller's ICT system, allowing the Customer to use additional functionalities/services. The Customer gains access to the Account by means of the Login and Password. In order for the Customer to log in to his/her Account, it is necessary to register in advance on the Store's website. The Account has various functions, in particular, it allows saving and storing information about the Customer's address data for shipment of Products, tracking the status of the Order, access to the Order history.
  9. CART is a service made available to each Customer who uses the Website, consisting of enabling him/her to easily make a purchase of one or more Products, to enter discount codes allowing to reduce the Price under the terms of separate agreements/regulations, to display a summary of the Price of individual Products and all Products in total (including shipping costs, if any), to display the expected date of delivery of the Products, and there is also the possibility to determine and modify the data of the Order, in particular the quantity of products.
  10. A PRODUCT is a movable thing/service available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller, against payment of the Price. All Products that are movable items offered on the Online Store website are brand new.
  11. PROMOTION is a special conditions of sale or provision of services, regulated under the rules expressed within the Online Store, concerning a special offer of the Online Store valid at a certain time, which the Customer may take advantage of under the rules specified therein, such as reduction of the Price or shipping costs.
  12. ENTERPRISE is a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
  13. REGULATIONS/SERVICE AGREEMENT is a document defining the rules of concluding Sales Agreements and the rules of providing and using services offered by the Seller through the Store to Customers. The Regulations define the rights and obligations of the Customer and the Seller. As far as services provided electronically are concerned, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
  14. INTERNET STORE is a platform for sales of Products and provision of services offered by the Seller, run by the Seller, constituting a set of interconnected websites, available at the following Internet address: www.emeblast.pl.
  15. SELLER is "Meblast" Zakład Stolarski Aleksy Bułynko with its registered office at 27 Supraślska Street, 16-010 Studzianki, NIP 542-000-70-81, REGON 050136309.
  16. AGREEMENT FOR SALE is a civil law transaction within the meaning of the Civil Code, concerning the sale of Products by the Seller to the Customer in exchange for the Customer's payment of the price plus additional fees, including shipping costs, the terms and conditions of which are defined in particular by these Regulations, concluded between the Customer and the Seller using means of remote communication. The Sales Agreement specifies, in particular, the Product, its main features, price, shipping costs and other relevant conditions. The Seller may also conclude a Sales Agreement with a Customer who is not a Consumer as a result of concluding an agreement without the procedure specified in these Terms and Conditions, which will be confirmed by e-mail at the request of either party to the Sales Agreement.
  17. ORDER is a declaration of will of the Customer expressing a direct will to conclude a Distance Sales Agreement made using means of distance communication, specifying the Products the Customer intends to purchase and the Customer's data necessary for the conclusion and execution of the Sales Agreement. The order sent to the Seller constitutes the Customer's offer.

§3 CONTACT WITH THE STORE

  1. Seller's address: 16-010 Studzianki, Łącznikowa Street 2, Poland.
  2. Seller's email address: biuro@meblast.pl
  3. Seller's phone number: +48 572 004 184
  4. Seller's bank account number: Bank Pekao S.A. 83 1240 5211 1111 0000 4929 6149.
  5. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph in points 1-3.
  6. The Customer may communicate with the Seller by telephone at the indicated telephone number from 7:00 am to 4:00 pm.

§4 TECHNICAL REQUIREMENTS

  1. In order to use the Store, including browsing the Store assortment and placing orders for Products, the following are necessary:
    a. a. a terminal device with access to the Internet and a web browser that supports javascript,
    b. active electronic mail (email) account,
    c. cookies enabled.

§5 GENERAL INFORMATION

  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.
  2. Browsing the assortment of the Store does not require creating an Account.
  3. Placing orders by the Customer for Products in the assortment of the Store is possible either after creating an Account in accordance with the provisions of the Terms and Conditions or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the Store's pages during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
  5. In the case of a Contract involving subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
  6. When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate the amount of the final (final) price in advance, the information on how the price will be calculated, as well as the charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.

§6 CREATING AN ACCOUNT IN THE STORE

  1. In order to create an Account in the Store, it is necessary to fill in the Registration Form.
  2. In the Registration Form it is necessary to provide the following data:
    a. first and last name,
    b. delivery address,
    c. email address,
    d. telephone number,
  3. Establishing an Account and providing it in the Store is free of charge.
  4. The Account is provided for an indefinite period of time.
  5. Logging in by the Customer to the Account is done by providing the login and password established in the Registration Form.
  6. The Customer has the opportunity, at any time and without giving any reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in §3.
  7. Establishing an Account is not required to make a purchase in the Store.

§7 RULES FOR PLACING AN ORDER AND CONCLUDING A SALES CONTRACT

  1. Conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order.
  2. The Seller allows the Customer to place an Order through the Store in the following manner:
    a. log in to the Store (optional),
    b. select the Product that is the subject of the Order, and then click the "To Cart" button (or equivalent),
    c. log in or use the option of placing an Order without registration,
    d. if the option of placing an Order without registration has been selected, fill in the Order Form by entering the data of the recipient of the Order (name and surname) and the address (street, house/apartment number, postal code, town, country) to which the Product is to be delivered, e-mail address, contact telephone number),
    e. in the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required,
    f. select the expected form of delivery and method of payment,
    g. click the "Order and pay" button.
  3. It is also possible to place an Order by phone or e-mail. The customer contacts the number or address available on the Store's website during the indicated hours. The condition of the call or e-mail contact with the Seller is to read the terms and conditions of the emeblast.pl store available on the Store's website.
  4. When placing an Order, the Customer gives the Seller the name of the Product and the number of Products he/she wants to order. Then, after completing the whole Order, the Customer specifies the method and address of delivery and the form of payment, as well as indicates his/her e-mail address for the purpose of confirming the Order. Each time the Customer places an Order by phone or e-mail, he is informed of the details of the Seller with whom the contract of sale will be concluded, the total price of the selected Product and the total cost of the selected method of delivery, as well as all additional costs he is obliged to incur in connection with the contract of sale. The Customer confirms the Order, makes any objections, asks to complete the Order or abandons it.
  5. The customer is obliged to indicate a complete and correct shipping address and telephone number, which should not change until delivery. Change of the delivery address is possible only in extraordinary circumstances after agreement with the Seller and before transferring the Products to the carrier for delivery.
  6. The Store, in response to the Order, sends without undue delay an e-mail to the Customer with confirmation of receipt of the Order and acceptance of the offer made by the Customer or information about the impossibility of acceptance. The Seller sends the Customer a confirmation of the terms of the Contract to the e-mail address provided by the Customer.
  7. The Contract is concluded upon confirmation of acceptance of the Order for execution by the Seller.
  8. The total value of the Order includes the Price, shipping costs and other costs, if any, of optional paid services selected by the Customer.
  9. The Seller may, during the period selected by the Seller, determine the threshold of the minimum value of the Order for which the shipment of the Products is free of charge.
  10. Promotions applicable to the Online Store are not cumulative, unless the provisions of the Promotion expressly provide otherwise,

§8 METHODS, DATES AND COST OF DELIVERY

  1. The Seller shall allow the Customer the following methods of delivery of the ordered Product:
    a. courier delivery,
    b. cash on delivery courier service,
  2. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise.
  3. Detailed information on delivery methods can be found behind the pages of the Store.
  4. The total waiting time for the Customer to receive the Product (delivery time) consists of the time for the Seller to prepare the Order for shipment and the time for the carrier to deliver the Product.
  5. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product in question or when placing the Order.
  6. In the case of simultaneous purchase of several Products with different delivery dates, the delivery date is the longest date given.
  7. The time of delivery of the Product by the given carrier should be added to the above time, which depends on the form of delivery chosen by the Customer.
  8. The Customer may pick up the goods in person at the company's headquarters during its opening hours.
  9. If the Customer chooses to pick up the goods in person, the goods will be ready for collection on the indicated order completion date.
  10. The store is not responsible for damages caused by irregularities (including mistakes) made by the Customer when placing an order, as a result of which the shipment did not reach the addressee, as well as for unjustified refusal to pick up the shipment. The cost of reshipping and handling such an order shall be borne by the Customer, including that the Customer will be required to bear the cost of delivering the unclaimed goods to the Store.

§ 9 METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

  1. The Customer may use the following payment methods:
    a. payment on delivery upon receipt of the shipment,
    b. payment by bank transfer to the Seller's bank account,
    c. electronic payment through authorized services, in accordance with the information made available within the Store,
    d. payment by payment card through authorized services, in accordance with the information made available within the Store.
  2. Detailed information on acceptable payment methods can be found on the pages of the Store.

§ 10 PERFORMANCE OF THE SALES CONTRACT

  1. Conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the Online Store in accordance with § 7 of the Terms and Conditions.
  2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant email message to the Client's email address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email message, the Sales Agreement between the Customer and the Seller is concluded.

§ 11 WITHDRAWAL FROM THE CONTRACT AND RETURNS

  1. The Customer may withdraw from the contract concluded with the Seller through the Store, subject to §12 of the Terms and Conditions, within 14 days without giving any reason.
  2. The running of the period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer. In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
  3. In order to exercise the right of withdrawal, the Customer must inform the Seller, using the address details provided in the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (e.g. by letter sent by mail or e-mail).
  4. The deadline for withdrawal from the contract is considered to have been met if the Customer sends information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.
  5. In the case of withdrawal from the concluded contract, the Seller shall return to the Client all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Client other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Client's decision to exercise his right of withdrawal.
  6. Reimbursement of payments by the Seller shall be made using the same means of payment that were used by the Client in the original transaction, unless the Client agrees to a different solution.
  7. In a situation where the Seller has not offered to collect the goods from the Client, the Seller may withhold the return of payment until the goods are received or until the Client provides confirmation of their return.
  8. The direct costs of returning the goods shall be borne by the Customer.
  9. If the product is assembled/assembled for self-assembly, its disassembly and restoration may result in a reduction in the value of the product through the fault of the Customer. He shall then be liable for the diminution in value of the goods resulting from the use of the goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the goods. The Product returned in connection with withdrawal from the contract must be complete. It is advisable to duly secure the returned product so as to prevent it from being damaged in transit.
  10. If the goods, due to their nature, cannot be sent back by ordinary mail, the Customer will also have to bear the direct costs of returning the goods.

§12 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a contract concluded at a distance, does not apply to a contract:
    a. in which the subject of performance is a non-refabricated good, produced to the Customer's specifications or serving to meet his individualized needs,
    b. in which the subject of performance is goods that are perishable or have a short shelf life,
    c. in which the subject of performance is goods supplied in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,
    d. in which the subject of performance are goods that after delivery, due to their nature, are inseparably combined with other things,
    e. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
    f. for the supply of newspapers, periodicals or magazines, except for a subscription contract,
    g. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the contract.

§13 COMPLAINTS

  1. The Seller shall be liable to the Customer for compliance of the performance with the contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
  2. The Seller requests that complaints be submitted to the postal or electronic address indicated in §3 of the Terms and Conditions.
  3. If the product has a warranty, information about it, as well as its terms and conditions, is available in the Store.
  4. Complaints about the operation of the Store should be sent to the e-mail address indicated in §3 of the Regulations.
  5. The Seller will respond to the complaint within 14 days of its receipt.
  6. In the case of non-conformity of the goods with the contract, the Customer has the opportunity to use the rights specified in the Consumer Rights Act.
  7. The Seller shall be liable for the non-conformity of the goods with the contract, existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
  8. Based on the provisions of the Consumer Rights Act, the Customer may in any case demand:
    a. replacement of the goods,
    b. repair of the goods.
  9. The customer may make a statement about:
    a. reduce the price,
    b. withdraw from the contract
    c. only when:
    • The seller refused to bring the goods into conformity with the contract in accordance with the provisions of the Consumer Rights Act,
    • The seller has failed to bring the goods into conformity with the contract in accordance with the provisions of the Consumer Rights Act,
    • the lack of conformity of the goods with the contract continues, despite the fact that the Seller tried to bring the goods into conformity with the contract,
    • the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first using the means of protection specified in the Consumer Rights Act,
    • it is clear from the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.
  10. In the case of goods subject to repair or replacement, the Customer shall, if necessary, make the goods available to the Seller. The Seller shall, if necessary, collect the goods from the Customer at his own expense.
  11. The Customer may not withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
  12. In the event of withdrawal from the contract, the Customer shall immediately return the goods to the Seller at the Seller's expense, to the address specified in §3 of the terms and conditions. The Seller shall return the price to the Customer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
  13. The Seller shall return to the Customer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's statement on price reduction.
  14. A piece of furniture in which damage is observed or found to be incomplete should not be assembled. In such a case, the customer should immediately notify the seller of the situation.
  15. The seller is not responsible for damage resulting from improper assembly of furniture, not in accordance with the assembly instructions included with the furniture, and for damage resulting from the assembly of damaged components.
  16. In the case of self-assembly furniture that has been unpacked, assembled or damaged, there is no right of return.

§14 PROCESSING AND PROTECTION OF PERSONAL DATA

  1. The administrator of the User's personal data is the Administrator, i.e. "Meblast" Zakład Stolarski Aleksy Bułynko with headquarters at 27 Supraślska Street, 16-010 Studzianki, NIP 542-000-70-81, REGON 050136309.
  2. The Administrator will make every effort to respect the privacy and ensure the security of the User's personal data obtained through the e-store.
  3. The Administrator, as the controller of personal data within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (the "Regulation"), is the entity responsible for all personal data provided to the Administrator by the User or obtained, inter alia, through the e-store.
  4. Processing of Users' personal data is carried out in accordance with the Regulation, the Personal Data Protection Act, the Act on Providing Electronic Services and the Telecommunications Law.
  5. Users' personal data will be processed by the Administrator for purposes related to the use of the e-store, for purposes resulting from the legitimate interests pursued by the Administrator, as well as on the basis of the User's consent - for purposes in accordance with the content of the granted consent (including, for example, commercial and marketing purposes).
  6. The data provided will be processed on the basis of Article 6 (1) (a), (b) and (f) of the Regulation.
  7. Provision of personal data by the User is voluntary, but necessary for the use of certain functionalities of the e-store.
  8. Personal data is processed on the basis of consent obtained from the data subject.
  9. The User has the right to request from the Administrator access to personal data concerning him/her, the right to rectify, delete or limit processing.
  10. The user has the right to withdraw consent to the processing of personal data at any time without affecting the legality of the processing that was carried out on the basis of consent before its withdrawal.
  11. The personal data will be kept until the User revokes his/her consent to its processing, and with regard to the processing of the User's personal data for the Administrator's legitimate purposes - for a period of time in accordance with the law.
  12. The User has the right to lodge a complaint with the President of the Office for Personal Data Protection if he/she considers that the processing of personal data concerning him/her violates the law.
  13. The User's personal data will not be processed in the form of profiling.

§15 FINAL PROVISIONS

  1. Contracts concluded through the Online Store are concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
  3. Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
  4. If the Customer is a consumer, any disputes arising under the Terms and Conditions or sales contracts may be resolved through mediation or a common court of general jurisdiction.
  5. If the Customer is an entrepreneur, any disputes arising on the grounds of the Terms and Conditions or sales contracts will be resolved in the first instance amicably by the Parties through negotiation or mediation, and if the Parties fail to reach an agreement - by the Court of Common Jurisdiction for the registered office of the Seller.