Regulations
The owner of the online store is Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738. The correspondence address of the online store is: Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738 Other contact details: e-mail address: kontakt@esofas.pl , (Mon-Fri 09:00 – 17:00) Bank account of the Online Store:
Glossary of terms used in these Regulations:
Whenever the following capitalized phrases are used in the further part of these Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise: Price – the amount of gross remuneration (including tax) and transportation costs, specified in Euros, due to the Seller for the transfer of ownership of the Goods in question to the Customer in accordance with the Sales Contract. General Price List – prices visible in the Online Store for a user not logged into My Account. Business day – a day from Monday to Friday excluding public holidays in Poland.
Commercial information – information about the Goods displayed in the Online Store. Commercial information regarding the Price and availability of the Goods, at the stage before adding the Goods to the Basket and logging into the Account, does not constitute an offer within the meaning of the Civil Code, but only an invitation to start negotiations. Clauses – consents within the form available on the website of the Online Store at the stage of registration in the Online Store, the marking of which signifies consent to the content of these Regulations and the Privacy Policy of the Online Store, and separately – consent to receive the Newsletter. Customer – (1) a natural person who is at least 13 (thirteen) years of age, whereby if the person is under 18 (eighteen) years of age, the consent of his/her statutory representative is required, unless the person has full legal capacity, and (2) a legal person or an organizational unit without legal personality, to which legal capacity is granted by law, who uses the Online Store, in particular, who places an Order under the terms of these Regulations. The consent of the statutory representative or legal guardian referred to above, in the case of Customers with limited legal capacity, should also include consent to the provisions of these Regulations, including in particular the processing of personal data. The consent should be sent to the address: Łukasz Rawdanowicz, 17 Jerzego Janosika Street, 71-414 Szczecin, NIP : 8581760738, and as a scan to the email kontakt@esofas.pl. Consumer – a natural person making a legal action with the Seller, including the conclusion of a Sales Agreement, not directly related to his/her business or professional activity. Shopping Cart – a service made available to each Customer who uses the Online Store, consisting of enabling him/her to easily place an Order for one or more Goods, to enter discount codes allowing to reduce the Price on the terms specified in separate agreements/regulations, to display a summary of the Price of individual Goods and all Goods in total (including shipping costs), to display the expected delivery date of the Goods.
The shopping cart collects offers made by the Customer to conclude a Sales Contract, i.e. more than one offer to conclude a Sales Contract can be made within one Order. My Account – a subpage of the Online Store, available after the Customer registers on the Online Store website. As part of an Account available through the website, the Customer has the ability, in particular, to place Orders, read offers prepared by esofas.pl. (hereinafter also “Account”). The Account is marked with an individual name (login) and password given by the Customer allowing the Customer to use additional functionalities/services. Newsletter – a Service that allows all Customers using it to receive periodic information from the Seller, in particular about the Goods, the Online Store, including news and Promotions, to the e-mail address provided by the Customer, with the express consent of the Customer. Offer – content marked as a summary of the Order, displayed to the Customer after adding the Goods to the Cart. Promotions – special conditions of sale or provision of services, regulated under the terms of the Online Store, proposed by the Seller at a certain time, which the Customer may take advantage of under the terms specified therein. Complaint – a course of action in the event of a defect in the Goods sold. Regulations – these Regulations of the esofas.pl Online Store, defining the rights and obligations of the Seller and the Customers related to the use of Services and conclusion of Sales Agreements of Goods through the Online Store. 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 providing services electronically. RODO – Regulation 2016/679 of the European Parliament and of the Council of the EU of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). Online store/store esofas.pl – the online service belonging to the Owner of the E-Sofas online store at www.esofas.pl. The online store allows Customers to read Commercial Information and conclude with E-Sofas. Agreements for the sale of Goods included in the offer of E-Sofas. on the basis of Orders placed by the Customer. Seller – Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738. Sales Agreement – a sales agreement within the meaning of the Civil Code, relating to the sale of Goods by the Seller to the Customer for payment of the Price plus any additional charges, including shipping costs, the terms of which are defined, in particular, by these Regulations. The Contract of Sale is concluded between the Customer and the Seller with the use of means of remote communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. Each Goods is subject to a separate Sales Contract.
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 any of the parties to the Sales Agreement.
Service – a service provided electronically within the meaning of the Act of 18 July 2002. on the provision of services by electronic means, consisting in the possibility of creating an Account in the Online Store, concluding Sales Agreements through the Online Store, adding Goods to the Cart in the Online Store by such Customer, access to information about all Orders placed by such Customer in the Online Store. The Seller is the service provider and the Customer is the recipient of the Service. Order – a declaration of will of the Customer, aiming directly at the conclusion of a Contract for Sale of Goods at a distance via the Online Store, specifying at least the type, number of Goods, Customer’s data necessary for the possible conclusion and execution of the Contract for Sale. Acceptance of the Order by the Seller means conclusion of the Sales Agreement. I. General Information
1. The Terms and Conditions are addressed both to Clients who are Consumers and to Clients who are not Consumers, using the Online Store, Services or concluding Sales Agreements (subject to Chapter X of the Terms and Conditions, which is addressed only to Clients who are not Consumers). For Customers who are not Consumers, Chapter X of the Terms and Conditions shall take precedence over other provisions of the Terms and Conditions. (2) The Terms and Conditions are available to be printed, downloaded, reproduced and recorded by the Customer on the website of the Online Store, under the “Terms and Conditions” tab. (3) Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account or in order for the Customer to place an Order. 4. the Regulations define the principles for the conclusion and execution of a Sales Agreement for Goods located on the website of the Online Store, in particular:
o the principles for registration and use of an Account within the Online Store;
o the conditions and principles for electronic reservation of Goods available within the Online Store (depending on the availability of such functionality);
o the conditions and principles for electronic placement of Orders within the Online Store;
o the principles for the conclusion of Sales Agreements using the services provided within the Online Store. (5) The content of the Online Store does not constitute an offer within the meaning of the Civil Code. Information about the Goods given on the web pages of the Online Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Sales Agreement, within the meaning of Article 71 of the Civil Code, and not an offer within the meaning of the Civil Code. The Sales Agreement is concluded in accordance with the procedure for conclusion of the Sales Agreement indicated in Chapter III of the Regulations.
6. The main object of performance under the Regulations is the sale of Goods.
The Seller reserves the right to limit the number of ordered Goods offered in the Online Store at promotional prices.
7. esofas.pl Store makes every effort to ensure that pictures, descriptions and technical data of the placed Goods, are as close to reality as possible.
8. the Customer can communicate with the E-Sofas Store, via e-mail kontakt@esofas.pl and by correspondence at the address Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738.
9. The Customer, in case of telephone contact, shall bear the costs of the call according to the rates of the operator of his choice.
10.. In matters not regulated by the Regulations, the provisions of generally applicable law in Poland shall apply, including the Civil Code Act and the Consumer Rights Act of May 30, 2014, hereinafter also referred to as the “Consumer Rights Act”.
11. The Regulations do not deprive the Customer of his statutory rights, in particular the claim that the purchased Goods are in accordance with their descriptions, fit for the intended purposes and are of satisfactory quality. In the event of a contradiction between the provisions of the Regulations and the mandatory provisions of law granting certain rights to Consumers, these provisions shall prevail.
II. Terms and conditions of providing Services electronically
(1) To place Orders in the Online Store, it is necessary to have devices that allow access to the Internet, e-mail, as well as a properly configured web browser of the following websites: Firefox, Google Chrome, Internet Explorer, Opera, Safari with Java Script support. The Customer’s browser must have the option to accept “cookies” enabled, as well as an active JavaScript interpreter. (2) In order to use the Online Store, the Customer should on his own access to a computer workstation or a terminal device, with Internet access. (3) The Seller provides the following Services to the Customers via the Online Store free of charge: o Account; o enabling the Customers to place Orders and conclude Sales Agreements, on the principles specified in the Regulations; o presenting the Customers with advertising content tailored to their interests;
o enabling the Customers to use the shopping cart services;
o enabling the Customers to browse the content placed within the Online Store;
o Newsletter;
o making reservations for the Goods (depending on the availability of such functionality). (4) The Agreement for the provision of Services is concluded upon receipt by the Customer of a confirmation of the conclusion of the Agreement for the provision of Services sent by the Seller to the email address provided by the Customer in the course of registration (confirmation of Account creation). The Account is provided free of charge for an indefinite period of time. The creation of an Account is not required to place an Order in the Online Store.
5. The Customer may create an Account in the course of the purchase process of the Goods in the Online Store or without the simultaneous purchase of the Goods in the Online Store.
6. The creation of an Account in the Online Store proceeds as follows: The customer fills in the registration form available on the website of the Online Store, providing the following personal data: first name, last name, e-mail, date of birth. Refusal to complete the field marked with “*” prevents the creation of a user account. The symbol “*” denotes only the personal data necessary to establish, shape the content, change or dissolve the legal relationship involving the possession of an Account in the Online Store.
7. In addition to providing personal data, the condition of registration is to agree to the content of the Regulations of the Online Store and the content of the Privacy Policy, i.e. by accepting the statement that reads: “I accept the Regulations of the E-Sofas Online Store and the Privacy Policy. I agree to the processing of my personal data by Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738 for the purpose of account registration and transaction processing, and to entrust the data for processing to entities cooperating with Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738 in the scope of order processing (e.g. transport company). The processing of personal data will be based on the regulations on personal data protection. Provision of personal data is voluntary, however, lack of consent for processing of personal data makes it impossible to register on the site, as well as to process orders.”
8. The customer completing the Online Store user registration form, checking the “check box” “I accept the E-Sofas Online Store Regulations and Privacy Policy.
I consent to the processing of my personal data…” and by clicking on the “Register” button on the Online Store website www.esofas.pl tab: Authentication/Register declares and confirms that:
o the personal data provided in the above form are in accordance with the facts,
o the data provided by him/her do not violate any rights of third parties,
o he/she is familiar with the Regulations and Privacy Policy and undertakes to abide by them. 9.After completing the registration form and clicking on the “Register” button, it is possible to add a delivery address, obtain vouchers, create a wish list (favorite Goods), make purchases in the Online Store. 10. the Customer may resign from having an Account at any time by sending a statement of intent to resign from the Service in any way that ensures the arrival of this statement to the Seller, in particular by sending an e-mail to kontakt@esofas.pl or in writing to the address: Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738. Liquidation of the Account does not affect the obligation to perform Sales Agreements concluded through the Online Store, until the Seller receives the Customer’s statement of intent to cancel the Service. Liquidation of the Account does not affect the ordering of a transport company to pick up the Goods until the Seller receives the Customer’s statement of intent to resign from the Account.
11. The Seller may terminate the agreement for the provision of electronic services provided through the www.esofas.pl website to the Customer in case of violation by the Customer of the provisions of the Regulations or Privacy Policy, as well as in case of the Customer’s failure to agree to changes in the content of the Privacy Policy. The notice period is 14 days. A notice of termination of the agreement will be sent in electronic form via e-mail to the address provided at the stage of Account creation. Termination of the agreement does not affect the obligation to perform Sales Agreements concluded through the Online Store until the expiration of the termination period. Termination of the contract does not affect the obligation to pick up the Goods by the transport company, in case of placing an Order by the Customer until the expiration of the termination period.
12. The Customer is obliged, in particular, to:
o provide in the forms made available within the Online Store only true, current and all necessary Customer data;
o promptly update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of an Agreement for the provision of Services or a Sales Agreement, in particular to the extent that it is necessary for their proper execution.
The Customer has the opportunity to change the data entered during the creation of the Account at any time using the options available within the Account; o use the services and functionalities made available by the Seller in a manner that does not interfere with the functioning of the Seller and the Online Store; o use the services and functionalities made available by the Seller in a manner consistent with the provisions of applicable law, the provisions of the Terms and Conditions, as well as with the customs and rules of social coexistence adopted in this regard; o use the services and functionalities made available by the Seller in a manner that is not onerous for other Clients and the Seller; o timely payment of the Price and other costs agreed upon by the Client and the Seller in full; o not to provide or transmit within the Online Store any content prohibited by the provisions of applicable law, in particular content that violates third parties’ copyrights or their personal rights; o not to take actions such as: (1) sending or posting on the Online Store unsolicited commercial information (spam) or posting any content that violates the provisions of the law (prohibition of posting unlawful content), (2) taking IT actions or any other actions aimed at coming into possession of information not intended for the Customer, including other Customers’ data or interfering with the principles or technical aspects of the operation of the Online Store and payment processing, (3) modifying in an unauthorized manner the content provided by the Seller, in particular the prices or descriptions of the Goods provided within the Online Store. (13) The Customer shall have the right to file a complaint regarding the Service. (14) A complaint about the Service may be submitted in any way that ensures the arrival of the Customer’s statement of intent on the complaint to the Seller, in particular by e-mail to kontakt@esofas.pl or in writing to the address: Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738.
15. A properly submitted complaint regarding the Service should contain the following data:
o Customer’s data (name, surname, address, e-mail address);
o justification of the complaint.
16. the Seller shall make every effort to resolve complaints regarding the Service within no later than 14 Business Days from the date of filing the complaint, and in particularly complicated cases no later than within 30 days from the date of filing the complaint, unless a different mandatory shorter period is provided by law.
17. It is not possible to use the Service via www.esofas.pl in an anonymous manner.
III. Conclusion of the Contract for Sale of Goods
(1) In the case of Consumers, a Sales Agreement concluded through the Online Store is a distance contract within the meaning of the Consumer Rights Act. (2) The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order. (3) The Seller allows placing Orders for Goods in the following ways:
o in the Online Store;
o by e-mail. (4) Registration takes place by completing and accepting the registration form, made available on the website of the Online Store. (5) Registration is conditional on agreeing to the content of the Terms and Conditions, Privacy Policy and providing personal data marked as mandatory. (6) The conclusion of a Sales Agreement through the Online Store is reached: o or by creating an Account and logging into your Account and correctly, completely filling out the order form by:
- making a selection of the type of Goods, by clicking the “add to cart” button on the website of the Online Store;
- Clicking the “Process Order” button;
- In the “Purchase summary” tab, click the “Proceed to order processing” button;
- Fill in the form “Fill in the delivery address and return to purchase”, if during the registration process the data were not fully provided and click “Save”;
- Then in the delivery address tab, enter the shipping address, you can update the address by clicking the “Change Address” button; using the “Add New Address” button, you can add a new address. If you want to add a comment to your order, save it in the designated space. Here you can enter additional information for the carrier, such as company name or floor number. After completing the data, click the “Proceed further” field.
- in the “Shipping” tab, make a choice of delivery method, check-box confirming that you have read and accepted the Terms and Conditions and Privacy Policy. The customer is not required to accept the other Clauses available at the stage of Account registration. After completing the data, click the “Proceed to Payment” box.
- In the “Payment” tab, make a selection of the payment method; then the final wording of the content of the Offer, binding on the Seller, displayed on the website of the Online Store, i.e.: the unit and total price of the ordered Goods or services, including delivery costs, will appear;
- Confirmation of the Customer’s willingness to conclude a Sales Agreement on the terms specified in the Offer is made by clicking the “I confirm the order” button.
o or by:
- making a selection of the type of Goods, by clicking the “add to cart” button on the website of the Online Store;
- Clicking on the “Fulfill Order” box;
- In the “Purchase summary” tab, click the “Proceed to order processing” button;
- in step number 2 “Log in”, by scrolling down the page and clicking on the button “Quick shopping without registration” and correctly, completely filling in the form by indicating personal data: e-mail, first name, last name, date of birth and address data: country, street name, house or apartment number, postal code, city, cell phone number. Indication of cell phone number data is optional. In the “delivery address” tab, you can change the address or add a new address;
- in addition to providing personal data and address, the condition of registration is to agree to the content of the Regulations and the content of the Privacy Policy, i.e. by accepting the statement that reads: “I accept the Regulations of the E-Sofas online store and the Privacy Policy. I agree to the processing of my personal data by Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738, for the purpose of registering an account and handling transactions, and to entrust the data for processing to entities cooperating with Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738 in the execution of orders (e.g. transport company). The processing of personal data will be based on the regulations on personal data protection. Provision of personal data is voluntary, however, lack of consent to the processing of personal data prevents registration on the site, as well as the execution of orders.”. The customer thereby confirms that: – the personal data provided in the above form are in accordance with the facts,
– the data provided by him does not violate any rights of third parties,
– he is familiar with the Regulations and Privacy Policy and undertakes to comply with them. - After checking that the given shipping address is correct, click “Proceed to order processing”;
- Then in the delivery address tab, make sure the shipping address you entered earlier is correct, you can update the address by clicking the “Change Address” button; use the “Add New Address” button to add a new address. If you want to add a comment to your order, save it in the designated place. Here you can enter additional information for the carrier, such as company name or floor number. After completing the data, click the “Proceed further” field.
- In the “Shipping” tab, make a choice of delivery method, check-box confirming that you have read and accepted the Terms and Conditions and Privacy Policy. After completing the data, click the “Proceed to payment” button.
- In the “Payment” tab, make a selection of the payment method; then the final wording of the content of the Offer, binding on the Seller, displayed on the website of the Online Store, i.e.: the unit and total price of the ordered Goods or services, including delivery costs, will appear;
- Confirmation of the Customer’s willingness to conclude a Sales Agreement on the terms specified in the Offer is made by clicking the “I confirm the order” button.
7.During the process of placing the Order – until pressing the button “I confirm the Order” – the Customer has the possibility to modify the entered data and in the selection of Goods. In order to do so, the Customer should be guided by the messages displayed to him/her and the information available on the website.
8. After placing the Order, the Customer receives an e-mail message containing the final confirmation of all significant elements of the Order by the Seller.
9. The Contract is considered concluded at the moment the Customer receives the e-mail message referred to in item. 7 above.
10. If the conclusion of a Sales Agreement is made by e-mail:
o the Seller sends an e-mail to the Customer confirming the content of the proposed Sales Agreement;
o the Customer sends the Order to the Seller by message to the e-mail address from which he/she received the confirmation referred to above;
o in the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions and Privacy Policy, the Customer’s acceptance of the Terms and Conditions and Privacy Policy is required.
11. In connection with an Order placed in accordance with item. 10 above, the Seller shall, in response to the Order, promptly send a message to the Customer at the e-mail address provided by the Customer for this purpose with confirmation of receipt of the Order and commencement of its verification.
12. After verification of the Order, without unreasonable delay, the Seller shall send a message to the Customer at the e-mail address provided by the Customer with: (1) confirmation of acceptance of one or more individual offers for the Goods, made within the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Goods indicated in the message), or (2) information about the impossibility of accepting all or part of the offers for the Goods, made within the Order.
13. The Sales Agreement according to the procedure indicated in item. 10 above shall be concluded upon confirmation of the offer(s), i.e. receipt by the Customer of the message referred to in sec. 12 (1) above to the extent of the Goods indicated therein.
14. The Sales Agreement is concluded in the Polish language, with the content in accordance with the Regulations.
15. The Sales Agreement is concluded in accordance with the Polish law.
16. Orders are accepted by the Seller electronically using the Online Store for 7 (in words: seven) days a week 24 (in words: twenty-four) hours a day.
17.. the Seller may inform the Customer about the status of the Order, in particular by sending messages to the email address provided by the Customer, SMS or contacting by phone.
18. The Seller strives to ensure the availability of all Goods and the performance of the Sales Agreement. In case of inability to fulfill the performance and in other situations specified by law, the relevant provisions of the Civil Code, including Art. 493-495 of the Civil Code, in particular concerning the obligation to immediately return the performance to the Consumer.
19. The prices in the Online Store are given in Euros, including value added tax and delivery costs.
20. The price of the Goods presented in the Online Store before adding the Goods to the Cart is only in the nature of an invitation to start negotiations and may differ from the price of the Goods after adding the Goods to the Cart. The difference in price is affected in each case by the following circumstances: the quantity of the Goods, the value of the Order, the method of delivery, the method of payment. 21) The Seller allows the following methods of payment of the Price for the purchased Goods:
– via PayPal billing service,
– cash on delivery (paid on delivery). (22) The date of payment in the case of payments made through: the PayU billing service – is the moment immediately after placing the Order, in the case of payments made by bank transfer – the date of receipt of funds to the account———-, and in the case of cash on delivery – the date of delivery of the goods. 23.The Seller does not store the details of the payment or credit card through which the Customer makes payment. 24.The total value of the Order includes the Price, the cost of shipping to the Customer and, if any, other costs of optional paid services selected by the Customer. 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 Goods is free of charge. The total price including taxes of the Goods being the subject of the Order, as well as the costs of delivery (including transportation, delivery and postal services fees) and other costs, and when the amount of these fees cannot be determined – the obligation to pay them, the Customer is informed during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement. Promotions valid in the Online Store are not cumulative, unless the provisions of the Promotion expressly provide otherwise. Some products may be excluded from the Promotion during its duration.
25. The Seller may enable the Client to collect the Goods in person at a designated point, (if such service has been made available by the Seller for a given Goods, and in the case of placing several Orders – all Goods covered by the Client’s actions) by making such option available each time on the sub-page of a given Goods or while placing an Order.
26. In case of non-receipt of payment by the Seller of a Customer who has chosen to pay in advance, the Seller may contact the Customer to remind him/her of the payment, including by sending an e-mail. Failure to make payment within 4 days of placing the Order will result in non-acceptance of the offer made by the Customer under the Order which will result in cancellation of the Order. If the Customer chooses cash on delivery, the Customer is obliged to make payment on delivery.
Refusal to collect the Goods, despite the appointment of an additional appropriate period of time, is a condition that terminates the Sales Agreement, and the Customer in such case is obliged, on the basis of a call for payment from the Seller, to reimburse the Seller for the cost of shipment of the Goods not collected in such case, and which does not deprive the Seller of the right to seek additional compensation from the Customer in such case.
27. In the case of non-collection by the Customer of the shipment for reasons beyond the Seller’s control, the cost of re-delivery to the Customer shall be borne entirely by the Customer.
28. The ordered Goods may be delivered to the indicated address in Europe by a transport company. The cost of delivery of the Goods purchased by the Consumer is indicated informatively on the website www.esofas.pl in the tab: Payments 29. The Seller may deprive the Client of the right to use the Online Store, as well as may restrict the Client’s access to some or all of the Online Store’s resources, with immediate effect, if the Client violates the Terms and Conditions, and in particular if the Client: o provided during registration at the Online Store data that are untrue, inaccurate or outdated, misleading or violating the rights of third parties, o committed, via the Online Store, a violation of the personal rights of third parties, in particular the personal rights of other customers of the Online Store, o commits other behaviors that will be considered by the Seller as behaviors that are inconsistent with applicable laws or the general rules of Internet use or detrimental to the good name of the Seller. (30) A customer who has been deprived of the right to use the Online Store may not register again without the prior consent of the Seller. 31. in order to ensure the security of the transmission of messages and data in connection with the services provided as part of the website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
IV. Order execution
1 Delivery of the Goods shall be made to the address indicated by the Customer in the course of placing the Order.
2 Delivery of the ordered Goods shall be made by an external transport company.
3. The lead time for delivery in Poland is from 4 to 6 weeks. For reasons beyond the control of Esofas, the lead time may be extended of which each customer will be informed by email or telephone. (4) The delivery period specified in the above paragraph may not be observed in the event of the occurrence after the shipment for transport of circumstances caused by the fault of the carrier, the fault of the Customer or of a force majeure nature. (5) In the absence of the Customer or the person authorized to receive the Goods at the place of delivery of the shipment, at the time of the first attempt by the carrier to deliver the Goods, the deadline for delivery of the Goods shall be deemed to have been met, if the carrier advises the shipment. (6) Fixing, securing, making available and confirming to the Customer the important provisions of the Sales Agreement shall be done by sending to the Customer at the provided e-mail address. (7) If the Customer finds damage to the shipment, it is recommended to draw up a damage report in the presence of the driver of the transport company and immediately inform the Seller. 8.Replacement of the purchased and non-defective Goods is possible only by using the procedure of withdrawal from the contract as in Section V. below and placing and paying for a new, independent Order. 9.E-Sofas gift vouchers can be exchanged for any product from the range of our store.
V. Right of withdrawal from the Contract for Sale of Goods
1. The Consumer, in case of concluding a Distance Sales Agreement, has the right to withdraw from the Sales Agreement concluded with the Seller without giving any reason and without incurring costs other than those provided by law, within 14 days from the date of receipt of the Goods, i.e. taking possession of the Goods by the Consumer or taking possession of the Goods by a third party indicated by the Consumer other than a carrier, and in the event that the Consumer places a single Order covering multiple Goods that are delivered separately, in batches, the 14-day period shall be counted from the moment of taking physical possession of the last Goods or batch, and when the Sales Agreement involves the regular delivery of Goods for a specified period of time – from taking possession of the first of the Goods. (2) A consumer exercising the right indicated in item. 1 above, may withdraw from the Sales Agreement by submitting an appropriate statement.
3. The Consumer may use a sample form prepared by the E-Sofas Shop, which should be completed, while its use is not mandatory.
4. the Consumer’s declaration of withdrawal from the Sales Agreement, should be sent to the address of Łukasz Rawdanowicz, 17 Jerzego Janosika Street, 71-414 Szczecin, NIP : 8581760738, except that in order to meet the deadline for withdrawal from the agreement, it is sufficient to send a statement on the exercise of this right within this period.
5. In the case of withdrawal from the Sales Agreement concluded remotely, the agreement is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The consumer shall bear the direct costs of returning the Goods. The Seller is obliged to return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Sales Agreement, all payments made by the Consumer, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery available in the Online Store). In addition, if the Customer returns the Goods by a method other than the cheapest ordinary delivery method offered by the Online Store, the Seller shall not be obliged to reimburse the additional costs incurred by the Customer. The Seller shall not be responsible for return shipments.
6. If the Consumer exercises his/her statutory right to withdraw from the Sales Contract, the Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer. If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of payments received from the Consumer until he receives the Goods back or the Consumer provides proof of their return, whichever event occurs first. (7) We shall not be liable for any incorrectly entered bank account number by the Consumer when making a return via a paper form or through his/her customer account on the store’s website. (8) The consumer is obliged to return the Goods to the Seller immediately, no later than within 14 days from the day on which he withdrew from the Sales Agreement, or to give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Goods himself. (9) If the Goods were not returned by the Consumer within the required period for reasons for which the Consumer is responsible, the Consumer shall be attributed to the delay.
In such a case, the Seller may demand compensation for the damage resulting from the delay (Article 477 § 1 of the Civil Code).
10. If the Consumer exercises the statutory right of withdrawal, the Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. The Consumer’s liability may include, in particular, the inability to put the Goods on sale as full-value Goods, the cost of reattaching tags and safety features to the Goods, as well as the cost of restoring the Goods to a condition that allows them to be put back on sale within the framework of the Online Shop, including the cost of examination of the Goods by a specialist and the cost of removal of defects found as a result of such examination (to the extent that these defects result from the Consumer’s use of the Goods in a manner beyond the necessary to ascertain their nature, characteristics and functioning).
(11) The right of withdrawal from a contract concluded remotely, referred to in item. 1 above, shall not be granted to the Consumer with respect to contracts: (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract; (2) 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 expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated good, produced to the consumer’s specifications or serving to meet his individual needs; (4) in which the subject of performance is a good that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a good delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Goods, which after delivery, due to their nature, are inseparably connected with other things; (7) in which the consumer expressly requested that the Seller come to him in order to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Goods; (8) 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; (9) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (10) concluded by public auction. (12) A buyer who is not a consumer has the right to return if his purchases are not of a professional nature
13. The Consumer has the right to use the Goods before withdrawal from the contract only as he would do in a stationary store.
14. If the Consumer returns the Goods excessively worn, damaged or destroyed, and the condition of the packaging of the shipment at the time of delivery was not objectionable, the Seller has the right to charge the Customer the amount of compensation for this.
After calling the Client for payment of damages, the Seller may make a statement of deduction of its claim for compensation for diminution in value of the thing with the Consumer’s claim for reimbursement of costs incurred in connection with the concluded contract.
15. If the Consumer made a statement of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
16.. Orders placed with vouchers (discount codes) provided by the store www.esofas.pl as a gift for activity on social networks are not refundable.
17. E-Sofas gift voucher is not exchangeable for cash.
18. The amount due for purchases paid with a gift voucher, will be refunded to the gift voucher. We will send an email confirming the refund along with a virtual copy of the gift certificate with the new balance.
19. If more than one payment method was used at the time of purchase, when making a partial refund on this order, the refund will be returned first to the alternative payment method of the gift certificate.
VI. Complaints
(1) The basis and scope of the Seller’s liability to the Customer if the sold Goods have a physical or legal defect (warranty) are set out in the provisions of the Civil Code Act, in particular in Article 556 and subsequent articles of the Civil Code. Goods presented in the Online Store may be covered by a manufacturer’s warranty. Detailed terms of the warranty and its duration are then given in the warranty card issued by the guarantor and attached to the Goods.
2. The Seller is obliged to deliver Goods without defects. The Seller is exempt from liability under warranty if the Consumer knew about the defect at the time of concluding the Sales Agreement.
3. If the sold Goods have a defect, the Customer may:
o make a statement about reducing the Price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Goods with defect-free ones or removes such defect. The reduced price should remain in such proportion to the price under the contract as the value of the Goods with a defect remains to the value of the Goods without a defect. The Customer may not withdraw from the Sales Agreement if the defect in the Goods is insignificant;
o demand to replace the Goods with defect-free Goods or remove the defect. The Seller shall be obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without undue inconvenience for the Customer; with the reservations and under the rules set forth in the relevant provisions of the Civil Code.
4. The Customer may, instead of removing the defect proposed by the Seller, demand the replacement of the Goods with defect-free Goods or, instead of replacing the Goods, demand the removal of the defect, unless bringing the Goods into conformity with the agreement in the manner selected by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive cost, the value of the Goods free from defects, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Consumer. (5) The Customer may not withdraw from the contract if the defect is insignificant. (6) The Seller shall guarantee the Goods sold by him for a period of 12 months. (7) A properly filed complaint should contain the following data:
o Customer’s data (name, surname, address, e-mail address, mailing address)
o the date of purchase of the goods, the type of goods advertised,
o a detailed description of the defect and the date on which it was found, the Customer’s request, as well as the Customer’s preferred method of informing about the manner of processing the complaint. (8) Along with filing a claim, you must provide the Seller with proof of purchase of the Goods. This may be, for example, a copy of the receipt or a copy of the invoice, a printout of the payment card or other proof.
9. If there are any deficiencies in the submitted complaint, the Seller will ask the Customer to complete them in accordance with the address data indicated in the complaint.
10. The Customer who exercises the rights under the warranty is obliged, at the expense of the Seller, to deliver the defective Goods to the address indicated by the Seller. Complained Goods sent to the Seller should be clean.
11. The Seller, within 14 days from the date of receipt of the complaint from the Consumer, will inform him about his position on the legitimacy of the reported claim.
12. The Customer may submit complaints by sending a completed form prepared by the Seller to the address: Lukasz Rawdanowicz, ul.
Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738, although its use is not mandatory.
13. The Seller shall be liable under warranty if a physical defect is found before the expiry of 12 months from the date of delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free Goods shall be time-barred after one year from the date of discovery of the defect, but in the case of an Order placed by a Consumer – the course of the limitation period cannot end before the expiry of the period referred to in the first sentence.
14. The Customer should collect the Goods under complaint, immediately after informing him about the processing of his application and delivery to the address indicated by the Customer. In the event that the Goods, are not collected, the Seller shall summon the Customer in writing, or possibly in another manner personally agreed with him, to collect the Goods within 14 days from the date of receipt of such summons.
15.. the Seller may refuse to satisfy the buyer’s request if bringing the defective item to conformity with the contract in the manner chosen by the buyer is impossible or in comparison with the other possible way to bring it to conformity with the contract would require excessive costs.
16. In the case of delivery by a transport company of a damaged/damaged package, an appropriate damage report should be drawn up. It should be written down in the presence of the driver at the time of delivery of the package. A printout of the damage protocol should be in the possession of the driver of the transport company. Lack of a damage protocol may result in leaving the claim unrecognized, and thus the lack of possible compensation payment.
VII. Out-of-court ways of dealing with complaints
(1) The Customer, who is a Consumer, has, inter alia, the following possibilities to use out-of-court ways of handling complaints and pursuing claims:
o is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and Łukasz Rawdanowicz, ul. Jerzego Janosika 17, 71-414 Szczecin, NIP : 8581760738,
o is entitled to apply to a permanent amicable consumer court operating at the provincial inspector of the Trade Inspection with a request to resolve a dispute arising from a concluded sales contract.
2. The use of out-of-court means of handling complaints and pursuing claims is voluntary.
3. In order to initiate proceedings, an appropriate application should be submitted to the locally competent Provincial Inspectorate of Trade Inspection – depending on the type of proceedings – an application for mediation or an application to hear the case before an amicable consumer court. For convenience, application forms are available at the secretariat of each amicable consumer court, as well as on the websites of the Provincial Inspectorates of Trade Inspection. Detailed information about out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php. (4) A Customer who is a Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection, such as the Consumer Federation (website address: www.federacja-konsumentow.org.pl.
VIII. Content Rights
(1) The exclusive rights to the content made available/placed within the Online Store by the Seller or its contractors, in particular the copyrights to descriptions, photos, etc., the name of the Online Store (trademark), graphic elements included in it, software and database rights are subject to legal protection and are vested in the Seller or entities with whom the Seller has entered into appropriate agreements. The Customer is entitled to use the aforementioned content free of charge, as well as to use content posted in accordance with the law and already distributed by other Customers within the Online Store, but only for his own personal use and only for the purpose of proper use of the Online Store, throughout the world. Use of the content in any other scope is permitted only on the basis of an express, prior written consent, granted by an authorized entity, in writing under pain of invalidity.
2. All content, including graphics and photos posted on the Website are protected under the Act of February 4, 1994 on Copyright and Related Rights – they have a creative and individual character. They may not be copied without the permission of the Seller.
3. The Customer, by placing any content, in particular graphics, comments, opinions or statements within the Online Store, in the Account or elsewhere in the Online Store, hereby grants the Seller a non-exclusive, perpetual, territorially unlimited and royalty-free license to use, fix, change, delete, supplement, perform publicly, display publicly, multiply and distribute (especially on the Internet) such content, throughout the world. This right includes the right to grant sub-licenses to the extent justified by the performance of the Sales Agreement or the Service Agreement (including the operation and development of the Online Store), as well as the authorization to exercise, by itself or with the help of third parties, subsidiary rights in the development, adaptation, alteration and translation of the work within the meaning of the Law on Copyright and Related Rights of February 4, 1994. To the extent that the Customer is not entitled to grant the licenses referred to in this item. 3, the Customer undertakes to obtain for the Vendor such appropriate licenses.
IX. Protection of personal data
1. the Customer’s personal data will be processed by the Seller with observance of all security requirements, which are set forth in the applicable legislation on the protection of personal data in accordance with the Privacy Policy attached to the Regulations.
2. providing personal data by the Customer is voluntary, but it is necessary in order to set up an Account, use certain Services, conclude a Sales Agreement, including the execution of the submitted Order.
3. personal data are processed, as a rule, by the Seller, in order to execute the submitted Order. The personal data provided will be stored in the administrator’s database and will be used for the proper implementation of the Sales Agreement and, if the Customer has given separate consent, for marketing purposes, in particular to inform about new products, services and promotions and to send the Newsletter.
(4) Personal data will be archived by the Seller for three years after the last sale.
(5) In accordance with the RODO, the Customer, as a rule, depending on the use of specific functionalities, has the right to lodge a complaint with the authority competent for the protection of personal data, the right to object, the right to access his personal data, to request rectification, deletion, restriction of processing and data portability.
(6) Additional explanations regarding the protection of personal data are contained in the “Privacy Policy” available on the Online Store.
7. upon registration at www.esofas.pl, I declare that I have been informed of my right to access and correct my personal data, as well as the free right to object to their processing at any time by contacting:
o in electronic form, at: kontakt@esofas.pl
o in writing, at: Łukasz Rawdanowicz, 17 Jerzego Janosika St., 71-414 Szczecin, NIP : 8581760738.
8. You have the right to receive data concerning you in a structured commonly used machine-readable format. He also has the right to send this data to another controller, without hindrance from the Administrator from whom the data will be extracted (Art. 20(1) RODO). In cases where it is technically possible. The customer may request the Administrator to send his data directly to another administrator (Art. 20(2) RODO).
9. The Seller uses “cookies”. Information collected with “cookies” allows us to customize services and content to the individual needs and preferences of Users, as well as to develop general statistics on the use of the Store by Users. Disabling the option in your Internet browser to allow the storage of “cookies” does not generally prevent the use of the Online Store, but may cause some difficulties.
X. Provisions concerning Non-Consumer Customers
1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers who are not Consumers.
(2) Customers who are not Consumers do not have the right to withdraw from a Distance Sales Agreement concluded as Consumers in accordance with the Law on Consumer Rights.
In the case of non-consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
(4) Upon release of the Goods by the Seller to the carrier, the benefits and burdens associated with the Goods and the danger of accidental loss of or damage to the Goods shall pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, loss or damage to the Goods occurring from the acceptance of the Goods for carriage until delivery to the Customer and for any delay in the carriage of the consignment.
5. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Goods to the Customer who is not a Consumer is excluded.
(6) In the case of Customers who are not Consumers, the Seller may terminate the Agreement for the provision of Services or any license agreement with immediate effect and without indicating the reasons by sending the Customer an appropriate statement in any form.
(7) Neither the Seller nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives or agents for any damages, including consequential damages, indirect damages, loss of profits, unless the damage was caused by their willful misconduct.
(8) In any case of determining the liability of the Seller, its employees, authorized representatives or agents, the liability in relation to a Customer who is not a Consumer, regardless of its legal basis, shall be limited – both as a single claim and for all claims in total – to the amount of the Price paid for the last Sales Contract, but no more than eight hundred zlotys.
(9) Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
XI. Final provisions
(1) The settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
(2) Contracts concluded by the Seller shall be concluded in Polish.
3. the choice of Polish law under the Terms and Conditions does not deprive the Consumer of the protection granted to him under the provisions that cannot be excluded by contract between the Seller and the Consumer, under the law that would be applicable in accordance with the relevant regulations in the absence of choice.
4. The Terms and Conditions and annexes to the Terms and Conditions constitute a model contract within the meaning of Art. 384 § 1 of the Civil Code.
5. The Seller reserves the right to make changes to the Terms and Conditions at any time. If changes are made to the Terms and Conditions, the Seller shall make available the consolidated text of the Terms and Conditions by publishing them in the Online Store and for Customers who have an Account as an obligation to accept them when logging in to the Account, which the Parties consider to be the introduction of information about the change to the means of electronic communication in such a way that the Customer could become familiar with its content.
6. Changes to the Terms and Conditions shall be effective for the Customer from the moment of their acceptance when logging in to the Account in the Online Store (concerning Customers who have registered in the Online Store). An amendment to the Terms and Conditions is irrelevant to the Sales Agreements concluded by the Customer and the Seller prior to the amendment to the Terms and Conditions.
7. The Seller is not responsible for blocking by the administrators of mail servers that handle the Customer’s e-mail messages sending the Seller’s messages to the e-mail address indicated by the Customer and for deleting and blocking e-mail messages sent by the Seller by software installed on the computer used by the Customer.
8.. the Seller shall not be liable for transactions made by unauthorized third parties who have gained access to the Account in the Online Store as a result of the loss or disclosure by the Customer of the login or password to such Account.
9. The Regulations are effective as of 18-03-2023.