TERMS AND CONDITIONS OF ONLINE STOREEJLAK spółka z o.o.§ 1. General provisions

  1. Online store available at the following web address www.ejlak.com is operated by EJLAK spółka z ograniczoną odpowiedzialnością, based in Wrocław 51-629 ul.
    Antoniego Wiwulskiego 39/5 (delivery address 58-500 Jelenia Góra Wojska Polskiego 28/3), entered in the National Court Register KRS no. 0001113249; NIP 8982309481, REGON 529065984, e-mail address: sklep@ejlak.com hereinafter referred to as “Seller”.
  2. These Terms and Conditions are addressed both to Customers who are Consumers and to Non-Consumers using the Online Store or entering into Sales Agreements (except for the provisions addressed exclusively to Non-Consumers).
  3. Acceptance of the provisions of the Terms and Conditions is voluntary, but necessary for placing an Order.
  4. Whenever the following terms are used in the further content of the Regulations, they shall be understood in the sense given below:
  1. Price – the amount of gross remuneration (including tax) due to the Seller for transferring the ownership of the Product to the Customer in accordance with the Sales Agreement, specified in Polish zloty or in another currency.
    The price does not include the cost of delivery, unless the terms and conditions applicable in a particular case provide otherwise.
  2. Business Day – one day from Monday to Friday excluding public holidays.
  3. Customer – (1) a natural person; or acting through an authorized person, (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity.
    If the Customer is a natural person with limited legal capacity, he or she undertakes to obtain the legally effective consent of his or her statutory representative to conclude a Sales Agreement and to present such consent at any request of the Seller, while as a rule, Sales Agreements concluded within the framework of the Online Store have the nature of contracts commonly concluded for minor day-to-day matters.
  4. Civil Code – the Civil Code Act of April 23, 1964.
    (i.e., Journal of Laws of 2019, item 1145, as amended).
  5. Consumer – a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity, or that does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
  6. Newsletter – Electronic service, which allows the Clients using it to receive periodic information from the Seller about Products, the Online Store, including news and promotions to the e-mail address provided by the Client, with the Client’s express consent.
    The rules of providing Newsletter services by the Seller are defined by separate regulations made available within the Online Store.
  7. Product – a movable item available at the Online Store, which is the subject of a Sales Agreement between the Customer and the Seller, against payment of the Price.
    All Products presented in the Online Store are free from physical and legal defects and have been legally introduced into the Polish market.
  8. Regulations – this document defining the rules of concluding Sales Contracts through the Store for the benefit of Customers.
    The Regulations define the rights and obligations of the Customer and the Seller.
    With regard to services provided electronically, these Regulations are the regulations referred to in Art.
    8 of the Act of July 18, 2002.
    on provision of services by electronic means (i.e. Journal of Laws of 2019, item 123, as amended).
  9. Online store – a platform for placing Orders by the Customer run by the Seller and available at the following web address: www.ejlak.com
  10. Seller – EJLAK limited liability company, with headquarters in Wrocław 51-629 ul.
    Antoniego Wiwulskiego 39/5 (delivery address 58-500 Jelenia Góra Wojska Polskiego 28/3), entered in the National Court Register KRS no. 0001113249; NIP 8982309481, REGON 529065984, e-mail address: sklep@ejlak.com.
  11. Sales Agreement – a sales agreement within the meaning of the Civil Code, relating to the sale by the Seller to the Customer of a Product against payment of the Price plus any.
    Additional charges, including shipping costs, the terms and conditions of which are set out in particular in these Terms and Conditions.
    The Sales Agreement 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.
    The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant terms and conditions.
    It does not constitute the conclusion of the Sales Agreement or an obligation to conclude it merely by adding the product to the shopping cart on the website.
  12. Law on Consumer Rights – Law of May 30, 2014.
    on consumer rights (i.e. Journal of Laws 2019 item 134 as amended).
  13. Order – a declaration of will of the Customer expressing a direct will to conclude a Sales Agreement at a distance, submitted with the use of means of distance communication, specifying the Product as to which the Customer submits an offer to conclude a Sales Agreement and the Customer’s data necessary for the possible conclusion and execution of a Sales Agreement.
    The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement.
    An Order may be assigned a single number.
    Acceptance of the Order implies conclusion of the Sales Agreement.

§ 2. Obligations of the Parties

  1. The Seller makes the following services available to Customers free of charge through the Online Store:
  1. The ability to place Orders and conclude Sales Agreements, under the terms of these Regulations;
  2. Presenting customers with marketing content tailored to their interests;
  3. The ability to view Content posted within the Store;
  4. Newsletter.
  1. In particular, the customer is obliged to:
  1. to provide in the forms made available within the Online Store only true, up-to-date and all necessary data (the correctness of the data is the responsibility of the Customer);
  2. promptly update the data, including personal data provided by the Customer;
  3. use of services and functionalities provided by the Seller in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in this area;
  4. timely payment of the Price and other costs agreed upon by the Customer and the Seller in full;
  5. timely pickup of Products ordered using cash on delivery and payment methods;
  6. not to undertake activities including, in particular, sending or placing on the Online Store unsolicited commercial information or placing any content that violates the law (prohibition of placing illegal content), modifying in an unauthorized manner the content provided / published by the Seller.
  1. All complaints related to the provision of services can be submitted in writing to the address: EJLAK SP Z O.O ul.
    Wojska Polskiego 28/3 58-500 JELENIA GÓRA or in electronic form via e-mail to: sklep@ejlak.com
  2. The Seller shall respond to the complaint immediately, no later than within 14 days from the date of its submission.
    If the time needed to consider the complaint will be longer as a result of circumstances beyond the Seller’s control – the Customer will be informed immediately.

§ 3. Conclusion of Sales Agreement

  1. The Seller allows you to place Orders for Products via the Online Store.
  2. As part of the development of the services provided, the Seller may introduce further ways of placing Orders, under the terms of these Regulations.
  3. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
  4. The Seller allows the Customer to place an Order via the Online Store in the following manner and sequence:
  1. The customer adds the selected Product(s) to the cart then proceeds to the order form.
  2. In the order form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment.
    In the case of Customers who are not Consumers, it is also necessary to provide so-called “company” data.
    In the case of Customers who are not Consumers, it is also necessary to provide their so-called company data, and if they have requested a VAT invoice as part of the form, also the VAT ID number.
  3. The customer chooses one of the delivery methods provided by the Seller.
  4. The customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.
  5. The Customer sends the Vendor an Order (submits an offer) using the functionality of the Online Store provided for this purpose (button: “Order and pay”).
    In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions and Privacy Policy is required.
  6. During the process of placing an Order, until the moment of pressing the “Order and pay” button, the Customer has the opportunity to correct the entered data on his own by adding or removing a given item from the Cart.
  7. Depending on the payment method selected, the customer may be redirected to the pages of a third-party payment service provider to make payment.
  1. The Seller, in response to the Order, immediately sends an automatic message to the Customer at the e-mail address provided by the Customer for this purpose with confirmation of receipt of the Order.
  2. After verifying the Order, without unreasonable delay, the Seller sends a message to the Customer at the provided e -mail address with:
  1. Confirmation of acceptance of one or more individual offers for Products, made as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or
  2. information about the inability to accept all bids for Products, placed under the Order, due to non-payment; or
  3. Information about the extended waiting time for one or more products from the order, as a result of the current lack of the product in stock and waiting for the completion of its production
  1. The Sales Contract is concluded upon confirmation of the offer(s).
  2. The Vendor strives to ensure the availability of all Products.
    Nevertheless, due to the fact that Ejlak sp z o.o avoids overproduction, which contributes to excessive consumption of the Planet’s resources and the generation of huge amounts of waste, the Vendor maintains a low inventory of each model.
    It may so happen that the ordered product is in the production process.
    In such a situation, delivery may be extended up to 21 days, about which the vendor will inform as soon as such a fact is discovered.
    In case of inability to fulfill the performance and in other situations specified by law, the relevant provisions of the Civil Code may apply, including Art.
    493-495 of the Civil Code, in particular concerning the obligation to immediately return the performance (price paid) to the Consumer.
  3. The total value of the Order includes the Price, shipping costs and, if any.
    other costs incurred at the Customer’s express request.
    About the total Price including taxes of the Product that is the subject of the Order, as well as about the delivery costs (including fees for transportation, delivery and postal services) and other costs, and when the amount of these fees cannot be determined – the obligation to pay them, the Customer is informed in the course of placing the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

§ 4. Payments

  1. The Seller shall make available to the Customer the payment methods indicated below:
  1. By wire transfer to the Seller’s bank account;
  2. electronic payments and payment card payments through authorized services, in accordance with the information provided within the Online Store;
  1. The possible current payment methods are specified in the Online Store under the “Payment Methods” tab.
    The available payment methods may depend on the delivery method or Product selected by the Customer.
    The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
  2. Settlement of electronic payment and payment card transactions is carried out according to the customer’s choice through authorized services.
  3. In case of non-receipt by the Seller of the payment of a Customer who has chosen payment in advance, i.e.
    payment by bank transfer, electronic payment or payment by credit card, the Seller may contact the Customer to remind him of the payment, including by sending an appropriate e-mail message.
    Failure to make payment within 4 days of placing the Order, and then within an additional 3-day period, will result in non-acceptance of the offer made by the Customer under the Order.
  4. The processing of the order proceeds after the payment is credited.

§ 5. Delivery of Product(s)

  1. Delivery of the Product(s) is available in the territory of the Republic of Poland, the European Union, countries outside the European Union,
  2. The delivery of the Product(s) to the Customer is chargeable, unless the Sales Agreement provides otherwise.
    The currently available methods and costs of delivery of the Product are indicated to the Customer in the “Delivery Costs” tab.
  3. The currently available delivery methods and courier companies are indicated to the customer in the “Delivery Methods” tab.
  4. The total waiting time for the Customer to receive the Product (delivery time) consists of the time for the Seller to prepare the Order for shipment and the time for the carrier to deliver the Product.
  5. The time of preparation of the Order for shipment by the Seller is calculated from (the beginning of the running of the delivery period):
  1. credit of the Seller’s bank account or settlement account.
  1. To the above time should be added the time of delivery of the Product by the given carrier, which depends on the form of delivery chosen by the Customer.

§ 6. Product(s) complaint

  1. It is recommended to check the contents of the shipment in the presence of an employee of the courier company / carrier at the time of delivery and to draw up a complaint report.
    Checking the contents of the shipment in the presence of an employee of the courier company / carrier is free of charge and is his responsibility.
  2. If the delivered shipment is visibly damaged (you can see traces of flooding, significant denting, packaging tear, etc.) it is recommended to refuse it.
    In this case, the shipment will be immediately returned to the Seller for clarification of the matter and redelivery of the ordered Product(s).
  3. The legal basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Civil Code Act, in particular Art.
    556 et seq. of the Civil Code.
  4. The complaint may be lodged by the Customer in writing to the address along with the completed Return Form: EJLAK SP Z O.O. ul.
    Wojska Polskiego 28/3 58-500 Jelenia Góra.
    If the complaint concerns a Product, it is usually advisable to deliver it to the Seller together with the complaint, in order to enable the Seller to examine the Product.
  5. In case the sold Product has a defect, the Customer may:
  1. 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 Product with a defect-free one or removes such defect.
    The reduced price should be in such proportion to the price under the contract as the value of the Product with the defect remains to the value of the Product without the defect.
    The customer may not withdraw from the contract if the defect in the Product is insignificant;
  2. demand replacement of the Product with a defect-free one or removal of the defect.
    The Seller shall be obliged to replace the defective Product with a defect-free one 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.
  1. The Client may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a defect-free one, or instead of the replacement of the Product, demand the removal of the defect, unless bringing the Product into conformity with the agreement in the way chosen by the Client is impossible or would require excessive costs in comparison with the way proposed by the Seller.
    When assessing the excessiveness of costs, the value of the Product free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by another way of satisfaction shall be taken into account.
  2. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller.
    The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
  3. The Seller will respond to the Customer’s complaint immediately, but no later than within 14 days of receipt.
    If the Customer has requested replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that the Seller has recognized the request as justified.
  4. The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the Product to the Customer.
    The claim for removal of the defect or replacement of the Product with a defect-free 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 expiration of the period referred to in the first sentence.

§ 7. Withdrawal from the Sales Agreement

  1. A customer who is a Consumer who has entered into a Sales Contract may withdraw from it within 14 (fourteen) days without giving any reason.
  2. The period for withdrawal from the Sales Contract begins for a Sales Contract in the performance of which the entrepreneur issues the Product – from the taking possession of the Product by the Consumer or a third party other than the carrier indicated by the Consumer, and in the case where the Sales Contract includes multiple Products that are delivered separately, in batches or in parts – from the taking possession of the last Product, batch or part, for other contracts – from the date of their conclusion.
  3. The consumer may withdraw from the Sales Agreement by submitting to the Seller declaration of withdrawal. The declaration can be made on a form, a sample of which has been provided by the Seller on the Shop’s Website, or by e-mail sending the relevant information to the e-mail address sklep@ejlak.com .To meet the deadline it is sufficient to send the declaration in writing to electronically to: sklep@ejlak.com before its expiration.
    The Seller shall immediately confirm to the Consumer the receipt of the form submitted via the website.
  4. In the event of withdrawal from the Sales Contract, it is considered not concluded.
  5. If the Consumer has made a statement of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer ceases to be binding.
  6. The Seller is obliged to return all payments made by the Consumer, including the cost of Product delivery 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.
    The Seller may withhold reimbursement of payments made by the Consumer until the earlier of receipt of the Product back or delivery by the Consumer of proof of Product return.
  7. The Consumer is obliged to return the Product to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement.
    To meet the deadline it is sufficient to return the Product to the Seller’s address before the deadline.
  8. If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
  9. In the event of withdrawal from the Contract of Sale, the Buyer shall bear the cost of returning the Product(s) to the Seller.
  10. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
  11. 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.
  12. The right of withdrawal from the Sales Agreement does not apply to the Customer who is a Consumer with respect to contracts in which the Product is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs.

§ 9. Data protection

  1. The personal data of the Customer / Customers are processed by the Seller as a Personal Data Administrator.
  2. Provision of personal data by the Customer is necessary in order to conclude the Sales Agreement or use the Newsletter service.
  3. All information regarding the processing and protection of personal data is contained in the “Privacy Policy” tab available on the Online Store.

§ 10. Final provisions

  1. These Regulations are effective as of 01.09.2024.
  2. The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the website of the Online Store.
  3. Fixing, securing, making available and confirming to the Customer the important provisions of the concluded Sales Agreement is done by sending the Customer an e-mail with confirmation of the placed Order and by attaching a proof of purchase to the parcel containing the Product.
    The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store.
  4. The Seller informs that using the Online Store via a web browser, including placing an Order, may be associated with the necessity of incurring Internet connection costs (data transfer fee) in accordance with the tariff package of the service provider used by the Customer.
  5. In matters not covered by these Regulations, the generally applicable provisions of Polish law and other relevant provisions of generally applicable law shall apply.
  6. In case a dispute arises on the basis of the concluded Sales Agreement, the parties will seek to resolve the dispute amicably.
    The governing law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.
  7. The Seller reserves the right to change the content of these Regulations.
    All orders accepted by the Seller for execution before the effective date of the new Regulations are executed on the basis of the Regulations that were in effect on the date of placing the order by the Customer.
    After the change, the new wording of the Terms and Conditions will be published on the website www.ejlak.com with the new date.

Wroclaw 01.09.2024