The terms used in these Terms and Conditions shall mean:
1. Customer – a natural person, a legal person or an organisational unit that is not a legal person, to which special provisions grant legal capacity and who places Orders as part of the Shop;
2. Consumer - according to Article 22 of the Civil Code, any natural person making a legal act with the entrepreneur not associated directly with its business or professional activity;
3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);;
4. Terms - these Terms and Conditions specifying the general terms of sale and the rules for the provision of electronic services on the Conhpol Elite online shop;
5. Online Shop (Shop) - website available at www.conhpolelite.pl, through which the Customer may place Orders;
6. Goods – products presented in the Online Shop;
7. Sales Agreement – an Agreement for the sale of Goods under the Civil Code, concluded between Conhpol and the Customer, through Shop's website;
8. Consumer Protection Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item. 827);
9. Act on providing services by electronic means – act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);;
10. Order – a Customer's declaration of intent, aimed directly at the conclusion of a Sales Agreement, specifying in particular the type and quantity of Goods.
II. General provisions
1. These Terms define the principles of using the online shop available at www.conhpolelite.pl.
2. These Terms are the regulations referred to in Article 8 of the Act on the provision of services by electronic means.
3. The Conhpol Elite online shop, operating at www.conhpolelite.pl, is managed by "Firma Handlowa Klaudia - Konopka Klaudia", Stanisław Dolny 400A, 34-130, Kalwaria Zebrzydowska, VAT ID: 5512567988, REGON (Registration No.): 121029493. The business activity is Registered in the Central Registration and Information on Business (CEIDG), kept by the Minister competent for matters related to economy.
Inquiries and complaints may be submitted to the following address: firstname.lastname@example.org or by phone: +48 500 298 949 (fee according to the price list of the relevant operator). The European Commission provides a platform for online dispute resolution (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
4. These Terms specify in particular:
- the principles for registering and using an account as part of an the online shop;
- the terms and conditions for submitting Orders via email as part of an online shop;
- the rules applicable to concluding Sales Agreements with the use of services provided as part of the Online Shop.
5. The use of the Online Shop is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
access to the Internet;
Mozilla Firefox version 4.0 or newer, Internet Explorer version 8 or newer, Chrome 5 or newer, Safari 5 or newer or another compatible browser installed;
a valid, active and correctly configured email account.
6. In order to use the Online Shop, the Customer should gain access to a computer station or terminal device with access to the Internet.
7. In accordance with applicable law, Conhpol Elite reserves the right to limit the provision of services via the Online Shop to people who have not yet reached the age of 18. In such an event, potential Customers shall be notified of the above.
8. Customers can obtain access to these Terms at any time via the link found on the homepage of www.conhpolelite.pl, and additionally download and print them out.
9. Information about the Goods provided on the Shop's pages, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an agreement, under Article 71 of the Civil Code.
III. Rules of using the Online Shop
1. Signing in as part of the Online Store is optional. After reading and accepting these Terms the Customer may place an Order without the need to register in the Shop.
Registration takes place by completing and accepting the registration form, available on one of the Shop's pages.
3. The precondition for registering is the acceptance of the content of these Terms and the provision of personal data where marked as mandatory.
4. Conhpol Elite may deprive the Customer of the right to use the Online Shop, as well as limit its access to some or all of the Online Shop's resources, with immediate effect, if the Customer violates the Terms, and in particular when the Customer:
- has submitting factually incorrect, inaccurate, or outdated, and misleading information, or infringing the rights of third parties during the Online Shop registration process;
- has committed an infringement of third-party personal interests via the Online Shop, in particular the personal rights of other Customers of the Online Shop,
- has displayed other behaviours that Conhpol Elite considers to be inconsistent with applicable laws or the general rules of conduct for internet users or by causing harm to the reputation of Conhpol Elite.
5. A person who has been deprived of the right to use the Online Shop may not re-register without the prior consent of Conhpol Elite.
6. In order to ensure the security of the transfer of messages and data in connection with the services provided on the Website, the Online Shop will ensure both technical and organisational measures appropriate to the degree of risk towards the security of the services provided, in particular measures to prevent unauthorised collection and modification of personal data sent via the Internet.
7. The Customer is obliged in particular to:
- use the Online Shop in a manner consistent with the provisions of the law applicable in Poland, provisions of these Terms, as well as with the general rules of Internet usage.
- neither provide nor transfer any content prohibited by law, for example: violent or/and defamatory in nature or violating personal rights and other rights of third parties,
- use the Online Shop in a way that does not interfere with its operation, in particular through the use of specific software or devices,
- refrain from actions such as sending or posting unsolicited commercial information (spam) as part of the Online Shop,
- use the Online Shop in a way that is not inconvenient for other customers and for Conhpol Elite,
-use any content posted as part of the Online Shop exclusively for personal purposes,
IV. The procedure of concluding a Sales Agreement
1. In order to conclude a Sales Agreement via the Online Shop, visit www.conhpolelite.pl and select Goods taking subsequent technical steps based on the messages displayed to the Customer as well as the information available on the site.
2. The Goods to be ordered by the Customer are selected by adding them to the cart.
3. While placing the Order - until the moment of pressing the button "order with payment obligation" or another "equivalent" action - the Customer may modify the entered data and the selected Product. In order to do this, follow the messages displayed as well as information available on the website.
4. After the Customer using the Online Shop provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others:
subject of the order,
description of the selected goods or services,
unit and total price of ordered products, including delivery costs and additional costs (if any),
selected payment method,
selected delivery method.
5. In order to submit an Order, it is necessary to accept these Terms, provide personal data marked as mandatory and press the button "order with payment obligation".
6. Information about the Goods listed on the Shop’s pages, in particular, their descriptions, technical and performance specifications as well as prices, constitute an invitation to enter into an agreement, under Article 71 of the Civil Code. Placing an Order by the Customer shall constitute a declaration of intent to conclude a Sales Agreement with Conhpol Elite, in accordance with these Terms.
7. After placing the Order, the Customer receives an email entitled "Order Confirmation No. #XXXXXXXXX", containing all the essential data regarding the Order. The above email only confirms receipt of the Order and does not constitute a declaration of will to conclude an agreement. The agreement is considered concluded once the Customer receives the second email stating the following: "We have started to process your order number #XXXXXXXXX," containing the final confirmation of all essential elements of the Order. The above email is a declaration of will confirming the acceptance of the Order and the conclusion of the Agreement with Conhpol Elite.
8. The Sales Agreement shall be concluded in Polish, with content compliant with these Terms.
9. Customers can obtain access to these Terms at any time via the link found on the homepage of www.conhpolelite.pl, and additionally download and print them out.
Recording, protection, sharing and confirmation of the essential provisions of the Agreement on the Sales of Goods to the Customer takes place by sending a VAT invoice to the Customer's indicated address as well as by attaching it to the shipment of the Goods.
10. If the Seller does not receive the payment from the Customer who has chosen payment in advance, i.e. payment by bank transfer, electronic payment or payment by card, the Customer Service Department may contact the Customer to remind them of the payment, including through email. Failure to make a payment within 3 days of placing the Order, and then within an additional 3-day period will result in not accepting the Customer's offer submitted as part of the Order. The Customer may also cancel the order until receiving the message about sending the Order without any consequences, by contacting the Seller via the Customer Service Department, which does not violate his/her right to withdraw from the agreement.
1. The delivery of the Goods is limited to Poland, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Monaco, Germany, Portugal, Romania, Slovakia , Slovenia, Sweden, Hungary, Great Britain, Italy, Cyprus, Malta and takes place at the address provided by the Customer when placing the Order.
2. Delivery of the ordered Goods is carried out through:
- DHL courier company
- InPost courier company
- inPost parcel lockers
It is not possible to collect the ordered goods in our shop.
Delivery costs within the territory of Poland are as follows:
DHL courier prepayment to the account (bank transfer) - PLN 9.90,
DHL courier cash on delivery - PLN 12.90,
DHL Parcelshop (pick up at the point) - PLN 9.90,
InPost parcel lockers prepayment to the account (bank transfer) - PLN 9.90,
InPost parcel lockers - cash on pick up - PLN 12.90,
InPost courier prepayment to the account (bank transfer) - PLN 9.90,
InPost courier, cash on delivery - PLN 12.90.
Delivery costs to European Union countries (Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Monaco, Germany, Portugal, Romania, Slovakia, Slovenia , Sweden, Hungary, Great Britain, Italy, Cyprus, Malta) are:
Austria - PLN 95.00
Belgium - PLN 95.00
Bulgaria - PLN 125.00
Croatia - PLN 97.00
Czech Republic - PLN 95.00
Denmark - PLN 95.00
Estonia - PLN 95.00
Finland - PLN 95.00
France - PLN 97.00
Greece - PLN 125.00
Spain - PLN 125.00
Netherlands - PLN 95.00
Ireland - PLN 125.00
Lithuania - PLN 95.00
Luxembourg - PLN 95.00
Latvia - PLN 95.00
Monaco - PLN 97.00
Germany - PLN 95.00
Portugal - PLN 125.00
Romania - PLN 125.00
Slovakia - PLN 95.00
Slovenia - PLN 95.00
Sweden - PLN 95.00
Hungary - PLN 95.00
Great Britain - PLN 97.00
Italy - PLN 95.00
Cyprus - PLN 346.00
Malta - PLN 346.00
In addition, delivery costs will be indicated at the time of placing the Order.
3. The delivery time is from 1 to 14 days and counts from the date of sending the Order by the Customer.
4. Damage to the Goods during delivery.
In the case of consumer purchase remotely, our Shop will always bear the risk of accidental damage or loss of goods during transport. If the Goods are delivered with obvious damage that was created in transport, we kindly ask you to report the defect to the carrier as soon as possible and contact us. Any delay in filing such a complaint or contacting us will not have any consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (item VIII of the Terms). Faster notification of noticed damage caused during transport will help us to assert our own claims against the carrier or transport insurer.
In the case of a Customer who is not simultaneously a Consumer: the risk of accidental damage or loss of the Goods passes from the Online Shop onto the buyer at the time of handing over the Goods to a carrier providing the transport service of a given type of goods, or a person or courier designated by the buyer.
VI. Prices and payment methods
1. The prices of Goods are specified in Polish zloty and contain all the price components, including VAT, customs and all others.
2. The Customer can pay the price by means of:
- bank transfer to a bank account number,
- electronic payment using the PayU system,
- electronic payment through PayPal,
- payment card via authorized services, in accordance with the information provided as part of the online shop,
- cash on delivery
VII. The right of withdrawal
Users have the right to withdraw from this agreement within 14 days, without specifying the reason. The deadline for withdrawal from the agreement is 14 days from taking possession of the goods or when a third party, other than the carrier and indicated by you, came into possession of the goods.
To exercise the right to withdraw from the agreement, you must inform us (Firma Handlowa Klaudia - Konopka Klaudia, Stanisław Dolny 400A, 34-130 Kalwaria Zebrzydowska, email@example.com, Phone: +48 500 298 949) about your decision to withdraw from this agreement by means of a clear statement (for instance, a letter sent by post, fax or email). You may use the attached withdrawal form, but this is not mandatory.
In order to meet the deadline to withdraw from the agreement, you need to send us information about your intention to exercise the right of withdrawal from the agreement before the withdrawal period has expired.
Effects of withdrawal
In the event of withdrawal from this agreement, we will make a refund of all payments received from you, including the goods’ delivery costs (with the exception of additional costs resulting from delivery other than the least expensive delivery method offered by us), immediately and in any event no later than within 14 days from the date on which we have been informed about your decision to exercise the right of withdrawal. A refund will be made by means of the same payment method that the buyer has used for the initial transaction, unless expressly agreed otherwise; in any case, the user will not incur any costs in connection with the said refund. We reserve the right to withhold the payments until we receive the goods or until the buyer has provided proof of their return, whichever occurs earlier.
Please send back or hand over the goods to Firma Handlowa "KLAUDIA” Konopka Klaudia Stanisław Dolny 400A, 34-130 Kalwaria Zebrzydowska email: firstname.lastname@example.org, phone: +48 500 298 949, immediately, and in any case not later than within 14 days from the date on which you informed us of your withdrawal from the agreement. The deadline is considered met if you send back the goods within 14 days. You will have to cover the direct costs of returning the items. You are responsible only for a reduction in the value of the items resulting from the use in a way other than necessary to establish their nature, characteristics, and functions.
The right to withdraw from the agreement by the consumer is excluded in the case of: Agreements in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's customer specifications or serving to satisfy his/her individual needs.
Agreements in which the subject of the service constitutes a product delivered in a sealed package, which cannot be returned after opening the package due to health or hygiene-related reasons, if the packaging has been opened after the delivery.
AGREEMENT WITHDRAWAL FORM TEMPLATE
(this form should be completed and sent back only if the user has the intent to withdraw from the agreement)
- Recipient: Firma Handlowa Klaudia - Konopka Klaudia, Stanisław Dolny 400A, 34-130 Kalwaria Zebrzydowska, email@example.com, phone: +48500298949
– I/We(*) hereby inform about my/our withdrawal from the sales agreement covering the following items(*) from the agreement for the supply of the following items(*) from the agreement for manufacturing the following items(*)/for the following services(*)
– Date of agreement (*)/received(*):
– Name and surname of consumer(s):
– Address of consumer(s):
– Signature of the consumer(s) (only if the form is sent in paper version)
(*) Delete as necessary.
VIII. Complaints regarding the Goods
As the seller is liable to the Customer under the warranty for defects to the extent specified in the Civil Code, in particular in Article 556 and Article 556-556 and subsequent Articles of the Civil Code, Conhpol Elite is obliged to deliver items free from defects.
Complaints arising from the violation of statutory rights or under these Terms and Conditions should be submitted to:
- in writing to the following address: Firma Handlowa Klaudia - Konopka Klaudia, Stanisław Dolny 400A, 34-130, Kalwaria Zebrzydowska.
- by email to the following address: firstname.lastname@example.org.
In the case of exercising the warranty rights and if we consider it necessary to process your complaint, you will be obliged to deliver the defective goods at our expense to the postal address indicated above. We will respond to the complaint immediately, but no later than within 14 calendar days from the date of its submission.
In the complaint, it is recommended to (1) provide information about the subject of the complaint, in particular the type and date of the defect; (2) specify the request regarding the method of remedying the defect (exchanging the product for a new one, repairing the product, reduction of price, withdrawal from the agreement - if the defect is significant); and (3) provide contact details of the complaining party. This will facilitate and speed up the complaint handling process by the Shop.
The person who submitted the complaint will receive information regarding the method of processing the complaint in the same manner in which the complaint was submitted, to the mailing address or email address stated in the complaint.
The recommendations specified above constitute merely the form of non-binding guidelines and will in no way impact the effectiveness of complaints submitted without taking into account the recommended information.
This applies to a Customer who is not a Consumer at the same time:
In the case of a sales agreement concluded with a Customer who is not also a Consumer, pursuant to Article 558 § 1 of the Civil Code, the liability of the Online Shop under the warranty for defects of the Goods is excluded.
IX. Additional guarantees applicable to the sale of Goods in the Shop
Conhpol Elite is not the manufacturer of the Goods available in the Online Shop. Some manufacturers provide additional guarantees for their products. In such a case, the detailed conditions are specified in the warranty card (warranty statement) attached to a given product. The manufacturer may be liable under the warranty for the sold Goods on the terms and for the period specified in the warranty card. If the warranty document provides for such a possibility, the Customer may submit claims under the warranty directly to an authorised service centre whose address is on the warranty card, regardless of the rights applicable under the statutory warranty. The warranty does not exclude, limit or suspend the Customer's rights under the statutory provisions regarding the guarantee for defects in the sold item.
X. Complaints regarding the provision of services via electronic means
1. Conhpol Elite will make the appropriate effort to ensure that the Shop operates properly, to the extent resulting from its current technical knowledge and is obliged to remove any irregularities reported by Customers within a reasonable period.
2. The Customer may notify us of any irregularities or interruptions in the functioning of the Online Shop’s website. Irregularities related to the Shop's operation should be reported by email to: email@example.com
3. The complaint regarding irregularities related to the operation of the Online Shop's should indicate the type and date of occurrence of the irregularities.
4. We will respond to the complaint immediately, and no later than within 14 calendar days from the date of its submission.
XI. Out-of-court procedures for dealing with complaints and asserting claims
1. Please be informed that it is possible to use out-of-court methods of handling complaints and asserting claims. Their use is of voluntary nature and may take place only when both parties to the dispute agree to the above.
- A Consumer may request the initiation of proceedings for out-of-court settlement of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, in line with Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No 4 item 25, as amended).
- A Consumer may also apply for dispute regarding the concluded Sales Agreement to be examined by a permanent arbitration court operating at the appropriate provincial inspectorate of the Trade Inspection, in line with Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No 4 item 25, as amended).
- The European Commission has also provided a platform that is intended for online resolution of disputes between Consumers and Entrepreneurs (ODR platform). The platform can be found at http://ec.europa.eu/consumers/odr/.
2. Detailed information regarding the settlement of consumer disputes, including the Consumer’s possibility to use out-of-court complaint handling methods, asserting claims as well as the principles of accessing these procedures are available in the offices and on the website of the respective Provincial Inspectorates of the Trade Inspection and on the following web page: https://uokik.gov.pl/spory_konsumerckie.php.
XII. Final Provisions
1. The resolution of any possible disputes arising between Conhpol Elite and the Customer who is a Consumer shall be subjected to the competent courts in line with the relevant provisions of the Code of Civil Procedure.
2. The resolution of any possible disputes arising between Conhpol Elite and a Customer who is not a Consumer shall be submitted to a court with jurisdiction over our registered office.
In matters not regulated herein, the provisions of applicable laws shall be binding, in particular the provisions of the Act of 23 April 1964 regarding the Civil Code (consolidated text Journal of Laws from 2014, item 121 as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). In the event of any contradictions of these Terms and Conditions with the rights of Customers and provisions resulting from the universally binding provisions of law, the universally binding provisions of the Polish law shall apply.
XIII. List of annex to these Terms
- Instructions on withdrawal from the agreement, point VII. Right to withdrawal
- Form of the declaration of withdrawal from an agreement concluded remotely
- Complaint form