1 Preliminary provisions
1.1. The online store available at www.evalab.pl is managed by Evalab Sp. z o.o., a company entered in the National Court Register (KRS) under KRS number 0000757648, tax identification number (NIP): 5252770533
1.2. These Rules and Regulations are addressed both to Consumers and to Business Owners using the Store, and they lay down the rules of the Online Store use, and the principles and the procedure of concluding online Sales Contracts with Clients through the Online Store.
2.1. Consumer – a natural person concluding with the Seller an agreement through the Online Store, the object of which is not directly related to their business or professional activity.
2.2. Seller – EVALAB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a company entered in the National Court Register (KRS) under KRS number 0000757648, tax identification number (NIP): 5252770533
2.3. Client – each and every entity purchasing goods from the Store.
2.4. Business Owner – a natural or legal person, or an organizational unit not being a legal person granted legal capacity under a separate Act, running a business in its own name, which uses the Store.
2.5. Store – an online store run by the Seller under a registered domain of www.evalab.pl
2.6. Online agreement – an agreement made with the Client as part of the organized online agreement system (within the Store), in the conclusion of which the Parties do not participate in person, but communicate solely over one or more means of remote communication until (and inclusive of) agreement execution.
2.7. Rules and Regulations – these rules and regulations of the Store.
2.8. Order – a Client’s declaration of intent submitted via the Order Form aimed directly at conclusion of a Sales Agreement with the Seller with reference to a given Product or Products.
2.9. Account – a Client’s Store account, where all data provided by the Client and the particulars of the Client’s orders placed with the Store are collected.
2.10. Registration Form – a form available in the Store, which allows a Client to create an Account.
2.11. Order Form – an interactive form available in the Store with which an Order can be placed, particularly by adding Products to the Cart and defining the terms and conditions of a Sales Agreement, including shipping/delivery and payment terms.
2.12. Cart – a component of the Store’s software in which Products selected by the Client for purchase are displayed; the Cart also allows determination and modification of the Order data, particularly as regards Product quantities.
2.13. Product – a moveable/service being the object of a Sales Agreement made by and between the Client and the Seller.
2.14. Sales Agreement – a Product sales agreement which is made or has already been made by and between the Client and the Seller through the Online Store. Depending on the Product features, a Sales Agreement may also be understood as a services agreement or as a contract for specific work.
- The Seller’s email address: email@example.com
- The Seller’s bank account number: ING 75 1050 1025 1000 0090 8049 0973
- Technical requirements
The following are required to use the Store, to view the goods sold by the Store, and to place orders:
- data terminal equipment with access to the internet and with an internet browser;
- active email address;
- enabled cookies;
- installed FlashPlayer software;
- General Information
6.1. The Seller, to the maximum extent permissible by law, assumes no liability for any disruptions, also for cases of unavailability of the Store, caused by force majeure, unlawful third-party activity, or by the incompatibility of the Online Store with the Client’s technical infrastructure.
6.2. No account is needed to view the goods sold by the Store. The Clients can place Orders for Products sold by the Store upon having previously set up an Account pursuant to the provisions of Clause 6 hereof, or upon providing the required personal data and contact details allowing an Order to be processed without the necessity to create an Account.
6.3. All prices are stated in PLN and include VAT (gross prices).
6.4. The (final) total to be paid by the Client includes the price of Products and the costs of shipment (including cost of freight, delivery and post), of which the Client is advised on the Store’s website when placing an Order, and also when making a declaration of intent to enter into a Sales Agreement.
- Creating a Store Account
7.1. To create a Store Account, a registration Form must be filled in. The following data must be provided: full name, mailing address, email address, phone number.
7.2. No fees are charged for the Store Account creation.
7.3. To log in to the Account, the Client shall enter their login and password specified in the Registration Form.
7.4. The Clients can delete their Accounts at any time, by sending a relevant request to the Seller, particularly by email. No fees are charged for account deletion.
- Order placement terms
To place an Order:
8.1. Log in to the Store (optional);
8.2. Select a Product to be ordered and then click “Add to Cart” (or equivalent);
8.3 Log in or proceed with the Order without registering;
8.4. If the “proceed without registering” option has been selected – fill in the Order Form with the Order recipient’s data and the mailing address to which the Product is to be delivered, choose shipping options (how the Product will be delivered), and enter the “bill to” details (if they are different than the Order recipient’s data);
8.5. Click “Order and pay”/ click “Order and pay” and confirm the Order.
8.6. Choose one of the available payment methods and, depending on the payment method selected, pay for the Order within the timeframes specified.
- Available delivery options and payment methods
The Clients may choose between the following delivery or collection options for Products ordered:
- Dispatch by post
Dispatch by courier
- Parcel lockers
The Clients may choose between the following payment methods:
- Bank transfer to the Seller’s account
- Performance of a Sales Agreement
10.1. A Sales Agreement by and between the Client and the Seller is concluded once the Client has placed an Order in the Store using the Order Form.
10.2. Once the Order has been placed, the Seller shall forthwith confirm its receipt and accept it for processing. To do so, the Seller shall send a relevant email to the Client’s email address provided at the time of Order placement, which should contain at least the Seller’s statement that the Order has been received and accepted for processing, and a confirmation that a Sales Agreement has been concluded. When the Client receives the aforesaid email, the Sales Agreement by and between the Client and the Seller is concluded.
10.3. If the Client has selected the “bank transfer”, the “e-payment” or the “debit/credit card” payment option, the Client shall make the payment within seven (7) calendar days of the Sales Agreement date – otherwise the Order shall be cancelled.
10.4. Shipping dates for the Products to be delivered to the Client are calculated as follows: a. If the Client has selected the “bank transfer”, the “e-payment” or the “debit/credit card” payment option – from the date the Seller’s bank account has been credited.
- Right of withdrawal
11.1. Consumers may withdraw from the Sales Agreement without stating the grounds therefor within fourteen (14) days.
11.2. The term referred to in Clause 24.1 commences at the date the Product is delivered to the Consumer or to a person named by the Consumer, other than the carrier.
11.3. In the case of Agreements covering large Product quantities which are delivered separately, in batches, or in parts, the term specified in Clause 24.1 shall commence at the date the final object, batch or part is delivered.
11.4. A Consumer may withdraw from the Agreement by sending to the Seller a statement of withdrawal from the Agreement. Consumer’s sending the aforesaid statement before the deadline for the withdrawal from the Agreement shall suffice to meet the said deadline.
11.5. If the Consumer sent the statement of withdrawal from the Agreement by email, the Seller shall forthwith send a confirmation of its receipt to the email address provided by the Consumer.
11.6. The Consumer should return the Product to the Seller’s address provided herein without undue delay, but no later than within fourteen (14) days of the date of advising the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the lapse of the aforementioned 14-day period.
11.7. The Seller may withhold payment reimbursement until receiving the returned Product or a proof of its sending (depending which of these dates comes first).
11.8. The Consumer should return the Product to the Seller’s address in its original condition, i.e. in original packaging with all seals on, without undue delay, but no later than within fourteen (14) days of the date of advising the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the lapse of the aforementioned 14-day period. f. 11.9. The Consumer shall incur all direct costs of Product return, also Product return costs if, due to its nature, the Product could not be shipped by regular post.
- Product complaints.
12.1. Sales Agreements are made with reference to new Products.
12.2. The Seller shall provide Clients with defect-free goods.
12.3. If the goods purchased from the Seller are found to be defective, the Client shall have the right to complain, pursuant to the provisions of the Polish Civil Code on warranties, version for stores in which buyers may lodge complaints with a business owner in writing or by email.
12.4. Complaints should be made in writing or by email and sent to the Seller’s addresses specified herein.
12.5. It is recommended to include the following in the complaint: a brief description of the defect, circumstances in which the defect occurred, data of a Client making the complaint, and Client’s claims as regards the defective good.
12.6. The Seller shall respond to the complaint without undue delay, but no later than within fourteen (14) days; in the case the Seller fails to meet this deadline, the Client’s complaint shall be deemed justified.
12.7. Goods returned as part of the complaint procedure must be delivered to the address specified herein.
- Out-of-court investigation of complaints and pursuit of claims
13.1. Detailed information about the option of the out-of-court investigation of complaints and pursuit of claims available to the Consumer, and about the principles of access to such procedures may be found in the offices and on the websites of district (municipal) ombudsmen, public organisations whose core tasks include consumer protection, Regional Trade Inspectorates, or at the following websites of the Polish Office of Competition and Consumer Protection: http://www.uokik.gov.pl/ spory_konsumenckie.php; http://www.uokik.gov.pl/ sprawy_indywidualne.php http://www.uokik.gov.pl/ wazne_adresy.php.
13.2. Consumers have been provided with the following options as regards out-of-court investigation of complaints and pursuit of claims:
- Consumers have the right to table with the court of consumer arbitration referred to in Article 37 of the Polish Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2014 Item 148, as amended) a motion for the settlement of a dispute arising under an Agreement made with the Seller. b. Consumers have the right to submit to the Regional Trade Inspectorate, pursuant to Article 36 of the Polish Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2014 Item 148, as amended), a request to start a mediation procedure concerning amicable settlement of a dispute between the Consumer and the Seller. c. Consumers may receive free assistance as regards the settlement of the dispute between the Consumer and the Seller, also that provided by the district (municipal) ombudsman (e.g. Federacja Konsumentów [Consumer Federation], Stowarzyszenie Konsumentów Polskich [Association of Polish Consumers]).
- Personal data in the Online Store
14.1. The Seller is the controller of the Clients’ personal data collected through the Online Store.
14.2. The Clients’ personal data collected by the controller through the Online Store are collected for the purpose of the performance of a Sales Agreement, and – if a Client consents thereto – also for marketing purposes.
14.3. The personal data of the Online Store Clients may be transferred to the following entities: a. In the case of Clients who selected the “dispatch by post” or the “dispatch by courier” option when using the Online Store, the Controller shall disclose the Clients’ personal data to a selected carrier or to a carrier commissioned by the Controller. b. In the case of Clients who selected the “e-payment” or the “debit/credit card payment” option when using the Online Store, the Controller shall disclose the Clients’ personal data to a selected entity handling such payments in the Online Store.
14.4. The Clients have the right to access their personal data and to have them rectified.
14.5. Provision of personal data is voluntary, but failure to provide the personal data specified herein, which are necessary to conclude a Sales Agreement, shall preclude conclusion thereof.
- Final provisions
15.1. Agreements made through the Online Store are made in the Polish language.
15.2. The Seller reserves the right to amend these Rules and Regulations with a good cause therefor, e.g. in the case of amended laws, changed methods of payment or delivery options, to the extent such amendments or changes affect the implementation of the provisions hereof. The Seller shall notify the Client of each and every amendment or change at least 7 days in advance.
15.3. All matters not stipulated herein are governed by the generally applicable Polish laws, particularly by the provisions of the Polish Civil Code, of the Act on Electronic Provision of Services, of the Act on Consumer Rights, and of the Act on Personal Data Protection.
15.4. The Client has the right to use the option of the out-of-court investigation of complaints and pursuit of claims. To do so, the Client may lodge a complaint through the EU Online Dispute Resolution platform, available at http://ec.europa.eu/consumers/odr/.