Statute - Ekodeal sp. z o.o.

REGULATIONS OF THE EKODEAL Sp. z o.o (Ltd.)’s SHOP ONLINE.

§1

INTRODUCTION

The Seller, out of concern for the welfare of Users and the provisions of commonly applicable law, informs that:

Regulations define the rules of using the Shop, located at the following website address:
www.store.ekodeal.eu which is owned and administered by Ekodeal Sp. z o. o. (Ltd.) with its seat at Luboszycka Street 36, 3/1,PL 45-215 Opole, NIP: 9910498390, REGON: 161597705, share capital
50 000 PLN.

The Rules of the Shop are addressed to Users and Buyers who are entrepreneurs, as only entrepreneurs can make purchases from the Internet Shop.
The Regulations of the Shop were created on the basis of the Act of 18 July 2002 on the provision of electronic services (consolidated text in the Journal of Laws of 2020, item 344, as amended) by Ekodeal Sp. z o. o. with its registered office at Luboszycka Street 36, room 3/1, PL 45-215 Opole.
The Regulations are addressed to Users of the Shop. The provisions of the Regulations apply to entrepreneurs, as defined by the Civil Code Act of 23 April 1964(consolidated text: Journal of Laws 1964 No. 16, item 93 as amended), unless the Regulations expressly state otherwise.
Ekodeal Sp. z o. o. makes these Regulations available at the seat of Ekodeal Sp. z o. o., indicated in point 2 of this paragraph of the Regulations, as well as at the Internet address: store.ekodeal.eu free of charge, before the conclusion of the Agreement, in a way that makes it possible to acquire, reproduce and record the content of the Regulations by the Buyer.
Content in the Shop, including graphic elements, the layout and composition of these elements (so-called layout), trademarks, photos and other information available on the website: store.ekodeal.eu are the subject of exclusive rights of Ekodeal Sp. z o. o. The above-mentioned elements are the subject of copyrights, industrial property rights, including trademark registration rights and database rights and as such enjoy statutory legal protection. It is not allowed to use these resources in any other way than provided for herein.
Ekodeal Sp. z o. o. ensures the protection of electronic communication and digital content by applying technical and organizational measures to secure them, in particular personal data against their acquisition by unauthorized persons, including in particular SSL encryption and access passwords. At the same time, Ekodeal Sp. z o. o. points out and senses that the use of the Internet and of the services provided electronically is vulnerable and may be at risk of malicious software entering the User’s computer system and device. In order to minimize these risks, the User should use appropriate technical protection, e.g. by using anti-virus software or software protecting the User’s identification in the network

§2

DEFINITIONS

Capitalized terms and phrases used in this document are given the following meanings:

Business day – any day from Monday to Friday, from 8:00 a.m. to 3:00 p.m., excluding holidays and public holidays in the Republic of Poland;
Form – an interactive form available in the Shop which enables placing an Order;
Customer – a user who is a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law gives legal capacity, making or intending to make a purchase through the Shop directly related to his business and / or professional activity.
Civil Code – the Act of 23 April 1964. (consolidated text Dz.U. 1964 No. 16 item 93 as amended);
User Account – a panel, individual for each User, launched by the Seller on behalf of the User after User registration (which also constitutes the conclusion between the User and the Seller of the agreement for the provision of services for maintaining User Accounts), in which there are collected data voluntarily provided by the User during registration and information about any orders placed by the User, marked with an individual name (login) and password provided by the User during registration; the creation of a User Account is not necessary to use the Shop, view Products and place Orders;
Basket – a list created by the User of Products selected from among the Products offered in the Shop, enabling the User to calculate the total value of Products added to the Basket and which may be freely managed by the User by adding further Products to the Basket or removing them until the moment indicated in the Regulations;
Buyer – Customer who is not a consumer
Newsletter – free of charge, provided by the Seller for an indefinite period of time electronically service that allows users to automatically receive from the Seller via e-mail, to the electronic mail address specified by the User (e-mail), periodic, cyclical content containing information about Products, news, promotions and other news related to the Seller and the products offered by him;
PayU – PayU S.A. with headquarters in Poznań at Grunwaldzka 182 Street,
PL 60-166 Poznań, NIP: 779-23-08-495, dealing with online payment intermediation.
Product – a movable item from the Shop’s range which can be the subject of a Contract between the Buyer and the Seller;
Regulations – this document setting out the general conditions for the sale of Products and the rules for the provision of services by electronic means (as referred to in art. 8.1.1 of the Act on Providing Services by Electronic Means) by the Seller through the Shop, available free of charge on the Shop’s website at store.ekodeal.eu in a form that can be downloaded, reproduced and recorded using the User’s ICT system in the normal course of activities;
Shop – the online service operated by the Seller at store.ekodeal.eu
Seller – Ekodeal Sp. z o. o. with its registered office at Luboszycka 36 Street, room 3/1,
PL 45-215 Opole, NIP: 9910498390, REGON: 161597705; e-mail: store@ekodeal.eu
Contract – a contract of sale of a Product concluded between the Buyer and the Seller throughout the Shop;
Electronic services – available in the Shop the following services provided electronically by the Seller to the Buyer: User Account, Form and Newsletter;
Act on Provision of services by electronic means – the Act of 18 July 2002 on provision of services by electronic means (i.e. of 9 June 2017, Journal of Laws of 2017, item 1219);
User – a natural person running a business, a legal person or an organisational unit without legal personality, including the Buyer;
Order – the Buyer’s declaration of will placed via the Shop aiming directly at concluding an Agreement between the Buyer and the Seller, specifying in particular the Product, its quantity, color, manner of delivery and method of payment.

§3

PLACING AN ORDER AND CONCLUDING A CONTRACT

Placing an enquiry does not constitute a commitment to a transaction. The conclusion of the Contract between the Seller and the Buyer takes place after placing an Order in the Shop by means of the available Form and in accordance with the procedure below:

1. Orders can be placed electronically through the Shop, 24 hours a day, 7 days a week throughout the year, with the proviso that they are processed on working days 5 days a week: from Monday to Friday between 8:00 and 15:00.
2. The Buyer may place an Order by creating a free-of-charge User Account or without creating one (for more information on the User Account, see sections 12 – 14 below).
3. The Buyer selects Products of his interest available in the Shop by adding them to the Basket; the User is free to modify the Products in the Basket until they are approved with the “I buy and pay” button.
4. The Buyer determines the terms of the Contract by selecting the method of payment of the price, delivery and any other costs indicated by the Seller for the performance of the Contract.
5. The Buyer, before concluding the Contract, is obliged to read the Regulations and Privacy Policy and accept their content.
6. After the Buyer has provided all the data necessary to complete the Order in the Form, a summary of the Order will be displayed, including a description of the selected Products, the total price of the Order, the method of delivery and all other costs, if any, which the User will be obliged to incur in connection with the Order;
7. The Buyer sends an Order (i.e. submits an offer) to the Seller using the available Shop functionality (the “Buy and pay” button);
8. Depending on the payment method selected, the Buyer may be redirected to the pages of an external payment service provider to make payment.
9. After placing an Order, the Seller immediately confirms its receipt and confirms the execution of the Order. Confirmation of receipt of the Order and confirmation of execution takes place by the Seller sending an e-mail to the Buyer’s e-mail address provided during the placement of the Order or in the User’s Account, which contains the Seller’s statement of receipt of the Order and acceptance of it for execution, which is the moment of concluding the Contract.
10. The Seller may inform the Buyer of the status of the Order by sending a series of messages to the e-mail address provided by the Buyer, including information on the preparation of the Order for transmission to the carrier.
11. Recording, securing, making available and confirming the material provisions of the Contract shall take place by sending to the Buyer, to the e-mail address provided by the Buyer, the documents specified in item 4 above and by enclosing to the parcel containing the Product: a VAT invoice (depending on the Buyer’s choice).
12. In order to place an Order and make purchases in the Shop, the Buyer does not have to have a registered User Account (its creation and use is voluntary) and may place an Order using the Form. The electronic Form Service provided by the Seller is free of charge and has a one-time character (it ends when the Order is placed using the Form or when the Buyer resigns from/ withdraws from the Order using the Form).
13. Registration of a User Account in the Shop is possible after completing the following steps together:

click on the USER ACCOUNT tab, then click on “Register”;
completing the required data in the specified fields of the registration form;
to establish a login and password for the User Account, which is a string of characters that the User is obliged to keep secret and protect against unauthorised access by third parties;
you have read and accepted the Terms and Conditions and the Privacy Policy (by ticking the appropriate check box).
At the moment the User receives a message to the electronic mail address provided by the User during the registration of the User Account, confirming the successful registration of the User Account, the agreement for the provision of the service of maintaining the User Account is concluded between the User and the Seller.
The user has got the following options at any time:
to view and independently edit and update the data provided during registration of the User Account;
without giving any reason and without bearing any costs, delete the User Account by sending an appropriate request to the Seller in writing to the address: Seller or by e-mail to the e-mail address: store@ekodeal.eu (termination of the Agreement on Provision of Electronic Services for the User Account). The User Account shall be removed immediately after the receipt of the relevant request by the Seller.

The shop’s offer is directed exclusively to non-consumers, and buyers are obliged to provide data necessary for issuing a VAT invoice.

§4

PRICE AND PAYMENT METHODS

The prices of the Products offered through the Shop are set in Polish zloty and include the applicable VAT (according to rates resulting from generally applicable laws).
The final and binding price for the Buyer shall be the price of the Product indicated in the Basket in the summary of the Order at the moment of its submission by the Buyer via the Shop.
The prices of the Products displayed in the Shop are valid only for placing Orders through the Shop. The prices of Products presented in the Shop may be subject to change, while a change in the price of a Product shall not affect Orders placed before the change comes into effect.
The Buyer has the option to make payment in one of the following two ways:

by bank transfer to the bank account of Ekodeal Sp. z o. o.
via the PayU portal, provided that at the moment of order placement Ekodeal Sp. z o. o. makes that method of payment available. The choice of payment method is made by the Buyer at the stage of order placement.

If the Buyer chooses to pay via PayU, Ekodeal Sp. z o. o. will provide PayU with the personal data necessary to make the payment.

In case the customer chooses payment by bank transfer to Ekodeal Sp. z o. o. bank account The customer is obliged to make the payment within 3 calendar days from the date of order, unless agreed otherwise with the customer.

§5

PRODUCT DELIVERY

Delivery of the Product takes place to the address indicated by the Buyer when placing the Order through a courier company selected by the Seller.
The Seller proceeds to execution of the Order immediately after confirming its receipt. The time for completion of the Order consists of: the time of completion of the Order by the Seller and the time of delivery of the consignment by the carrier to the Buyer, whereby:

the time taken for completion of the Order shall be up to 14 Business Days (unless another time limit has been specified in the Product description or at the time of placing the Order), which shall be counted from the moment of crediting the Seller’s account with the total Order value (including delivery costs) until the moment of transferring the consignment to the carrier for delivery;
time of delivery by a carrier on the territory of the Republic of Poland is up to 14 Business Days from the moment of handing over the parcel to be delivered by the Seller; the Seller stipulates that the term of delivery of the parcel by the carrier is a declared term indicated to the Seller by the carrier and the Seller has no influence on its observance by the carrier;
in case of ordering several Products with different delivery dates, the delivery date for all Products is the longest of the delivery dates given by the Seller.

§6

SPECIAL PROVISIONS FOR NON-CONSUMER CUSTOMERS

Pursuant to Article 558 §1 of the Civil Code, the Seller excludes liability to Customers for physical and legal defects (warranty).
The total, aggregate liability of the Seller to the Customer, in connection with conclusion of the Agreement(s) and/or placing of the Order(s), regardless of the legal basis of the claim(s), is limited to actual damage and to the amount of the price paid by the Customer, in each case, however, to no more than ….. PLN. The Seller shall not be liable to the Customer for lost profits.
Disputes arising between the Seller and the Customer in connection with conclusion of the Contract or submission of the Order shall be submitted to the court having jurisdiction over the Seller’s registered office
The Seller is entitled to withdraw from the Contract concluded with the Customer without giving any reason within 14 calendar days from its conclusion. Withdrawal from the Agreement in the manner indicated above does not raise any claims against the Seller on the part of the Customer.
Along with the release of the Product by the Seller to the carrier, all the benefits and burdens associated with the Product and the danger of its accidental loss or damage pass to the Customer. In such a case, the Seller shall not be liable for loss, diminution or damage to the Product occurring in the period from the moment of its transfer for transportation until the moment of its release to the Customer and for delay in transportation. The Customer is obliged to examine the parcel containing the Product at the time and in the manner usual for parcels of this type. If he finds that during transport there was a defect or damage to the Product, he is obliged to take the necessary steps to determine the carrier’s liability.
The Seller shall be entitled to terminate the agreement for the provision of Electronic Services at any time, with immediate effect and without giving reasons.

§7

THE TECHNICAL REQUIREMENTS NECESSARY FOR THE USER OF THE SELLER’S INFORMATION AND COMMUNICATION SYSTEM

Browsing the Shop’s content, using its resources, placing Orders and making purchases is possible provided that the ICT system used by the User meets the following minimum technical requirements:
1. a computer or other mobile device with active access to the Internet;
2. installing Internet Explorer, Opera, Google Chrome, Mozilla Firefox, Apple Safari on your computer or other mobile device;
3. the User has an active e-mail account.
The Seller uses a mechanism of “cookies” files, which are saved by the Seller’s server on the hard drive of the Client’s final device while the Clients use the Shop’s website.

§8

CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

The controller of personal data, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter “RODO“) Ekodeal Sp z o.o with its registered office at Luboszycka 36 Str., room 3/1, PL 45-215 Opole, NIP: 99101498390,
REGON: 161597705. Personal data are processed for the purposes, in the scope and on the basis of the principles indicated in the “Privacy Policy”, which is published in the footer “PRIVACY POLICY”. The administrator can also be contacted via e-mail address: store@ekodeal.eu.
Ekodeal Sp z o. o undertakes to keep confidential all materials and information obtained from the User and/or the Client during the execution of the order.
Providing the User’s personal data is voluntary, although necessary to complete the order/purchase of Products.
Any person whose personal data is processed by Ekodeal Sp. z o. o. has the right to inspect its content and the right to update it.
Personal data is used solely for the process of order completion and provision of electronic services and, subject to a separate agreement by the Customer/User, for the purpose of information contact and to inform about new products, services and promotions offered by Ekodeal Sp. z o. o.

§9

FINAL PROVISIONS

The language and the law applicable to any agreements concluded between the Seller and the Customer under the terms of these Terms and Conditions shall be the Polish language and law.
Seller is entitled to terminate the contract for the provision of electronic services of the User Account with a 14-day notice for important reasons, which include, in particular, gross violation by the User of the provisions of the Regulations, change in the functioning of the Shop and discontinuation of the Shop by the Seller.
In matters not regulated herein, the provisions of the Civil Code and other generally applicable provisions of law shall apply, including in particular the provisions of the Act and the Act on rendering electronic services.
The Seller reserves the right to amend the Terms and Conditions, in particular for the following reasons:

a change in applicable law affecting mutual rights and obligations between the Seller and the Purchaser or a change in the interpretation of legal provisions as a result of court decisions, decisions or recommendations of competent authorities or offices in a given scope;
change of the company or contact details of the Seller;
a change in the means or methods of payment or delivery available from the Seller;
introducing new functionalities, services or solutions in the Shop.

Each User will be informed about the content of the changes to the Terms and Conditions by placing information about the change to the Terms and Conditions on the Shop’s website. This information will be maintained on the Shop’s website for at least 14 calendar days
Users with a registered User Account shall additionally be notified of amendments to the Terms of Use by e-mail sent to the e-mail address indicated during registration. Notification of changes to the Regulations shall take place no later than 14 calendar days before the change comes into force. Amendments to the Regulations shall come into force on the date indicated with the information about the amendment to the Regulations, not earlier, however, than after 14 calendar days from the moment of informing about the amendment. The amended Regulations shall be binding upon the User unless the User declares to the Seller within 14 calendar days from the date of receiving information about the amended Regulations that he wishes to terminate the agreement for provision of electronic Services.
The Seller informs that all amendments to the Terms and Conditions do not affect the rights of persons who placed Orders or concluded Contracts before such amendment came into effect – the previous provisions of the Terms and Conditions (i.e. those valid at the time of placing them or concluding them, respectively) shall apply to Orders placed and Contracts concluded before the amendment to the Terms and Conditions (and throughout the after-sales care period).
Any disputes arising out of the performance of the service shall be attempted to be resolved by the Parties amicably, in particular by undertaking mediation proceedings before a Mediator appointed by the Parties, in good faith and with due regard to their mutual interest, and in the absence of an agreement in this respect, the court of competent jurisdiction to resolve disputes shall be the competent court in accordance with the applicable provisions of Polish law.
The Customer is obliged to use the Shop in a manner consistent with good practice and generally applicable law, including respect for personal rights, copyrights and intellectual property of the Seller and third parties. It is forbidden for the Customer to provide unlawful content as well as false or misleading information.

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