The store owner and Doing Business As www.ebiton24.com, www.ebiton24.pl, www.ebiton24.eu, www.ebiton24.de, www.ebiton24.fr, www.ebiton24.it, www.ebiton24.pl, www.ebiton24.nl is company: Ebiton24 Sp. z o.o. with registered office based in Gorzów (address: ul. Nowowiejska 36A, 32-660 Gorzów, post office: Chełmek, Poland), NIP PL5492452459, REGON 381351158, entered into the Register of Entrepreneurs of the National Court Register (Rejestr Przedsiębiorców Krajowego Rejestru Sądowego) kept by the District Court for Kraków Śródmieście in Krakow Wydział XII Gospodarczy KRS under KRS number 0000749408, with share capital of 5.000,00 PLN.
1. Customer – natural person, legal person or organizational unit not being legal entity who is entitled to have legal capacity to which special regulations grant legal capacity who place an Order within the framework of the online Store;.
2. Consumer – natural person, who is to undertake a legal action ( that is not connected directly with the consumer’s business or professional activity) with a Retailer;
3. User – is a Customer, who made a register on the online Store;
4. Terms and Conditions – this document is a set of rules and principles regulating selling in the online Store and provision of services electronically within the online Store.
5. Online Store/Store – run by the Retailer is available at www.ebiton24.com, www.ebiton24.pl, www.ebiton24.eu, www.ebiton24.de, www.ebiton24.fr, www.ebiton24.it, www.ebiton24.pl, www.ebiton24.nl;
6. Retailer – company Ebiton24 Sp. z o.o. based in registered office in Gorzów (address: ul. Nowowiejska 36A, 32-660 Gorzów, post office: Chełmek, Poland), Pl NIP 5492452459, Pl REGON 381351158, entered into the Register of Entrepreneurs of the National Court Register (Rejestr Przedsiębiorców Krajowego Rejestru Sądowego) kept by the District Court for Kraków Śródmieście w Krakowie Wydział XII Gospodarczy KRS under KRS number 0000749408, with share capital of 5.000,00 PLN.
7. Sale Agreement – (of Products available in the Store) distance selling between the Retailer and the Customer with accordance to the rules and principles set in Terms and Conditions document;
8. Working days – days of the week from Monday to Friday excluding days of public holidays from 8:00 a.m. – to 16:00 p.m;
9. Product – products presented at the website of the Store;
10. Order – statement of the Customer’s will, directly aiming to the conclusion of the Sale Agreement, determining in particular type, quantity of goods, method of payment, method of delivery.
§2 General provisions.
1. Terms and Conditions sets out the online Store rules; placing orders for Products available at online Store, delivering products ordered to Customers, making payments by Customers for the Products being bought, rights of the Customer to withdrawal and policy of complaint concerning Products that being bought.
2. e-mail address of the Retailer: firstname.lastname@example.org
3. Postal address of the Retailer: Ebiton24 Sp. z o.o.based in Gorzów (address: ul. Nowowiejska 36A, 32-660 Gorzów, post office Chełmek);
4. Online Store’s service is available for Customers only on Working Days.
5. The Retailer reserves the right to conduct maintenance works of the ICT system that may cause difficulties or prevent clients from using the services. The expected time and date of maintenance work will be announced on the Store’s website.
6. Technical requirements for the proper functioning of the ICT system used by the Store are: Internet connection, web browser, active e-mail account.
§3 Registration and logging.
1. The Customer can make a free registration in the store consisting in creating an individual account for the customer. For this purpose, the Customer should complete the registration form available on the Store’s website in the “Your account – Register” tab and send it electronically to the Retailer.
2. After sending the completed registration form, the Customer will receive immediately, by e-mail to the e-mail address provided in the registration form, confirmation of registration by the Retailer.
3. At the moment of the registration, an individual Customer account is created, which obtains the status of the User.
4.The individual account contains customer data provided by them in the registration form and the history of purchases made in the online Store, data on payments and discounts granted.
5. Customer registration in the store is optional. The Customer may place an Order without registering, after reading these Regulations and its acceptance and after consenting to the processing of the Customer’s data by the Retailer in order to perform the Order.
6. To place an Order without registration, the Customer is required to complete the form available in the “Shopping without opening an account” tab, which will appear after placing the selected Products in the “Basket” and the transition to placing orders.
7. The condition to register and make purchases in the Store is to provide real personal data indicated in the appropriate registration form, the Customer accepts the provisions of the Regulations and consent to the processing of personal data, which the Customer confirms by ticking the appropriate box before finalizing the Order. Lack of acceptance of the above-mentioned conditions during the order placement procedure makes it impossible to use the option of purchasing Products in the online Store.
8. Providing personal data marked as obligatory is voluntary, however, it is necessary in order to place and execute the Order. Providing personal data not marked as obligatory is voluntary and is not necessary to place an Order.
9. After registration, the User can log in to the Store at any time using the data provided during registration.
10. The user who has their own account in the Store, after logging in, can freely modify his data provided during registration, as well as view the history of orders and payments.
11. The customer is not allowed to use other clients’ accounts and make it possible for other people to use the account.
12. To use an individual account, only the Customer whose data was indicated during the registration procedure is authorized.
13. The Customer declares that the data provided in the registration form and when placing the Order without registration are true and do not violate the rights of third parties.
§4 Placing orders.
1. In order to conclude a Sales Agreement via the Store, you must place an Order in accordance with the instructions on the Store’s website.
2. The customer can place an order via the Store’s website 24 hours a day, 7 days a week.
3. The Customer orders Products available in the Store by adding them to the “Basket”.
4. After completing all the required fields by the Customer, a summary of the submitted Order will be displayed containing the description of selected Products and their price and costs related to delivery.
5. The customer will have the option of choosing one of the payment methods available on the Store’s website.
6. In case that the Customer violates any of the provisions of the Regulations, and in particular in the absence of providing the necessary data to process the Order, the order will not be executed.
7. At each stage of submitting the Order, until the payment is made, it is possible to cancel the Order by stopping the next steps and leaving the subpage through which the Order is made. An order which submission process will not be carried out by the Client until the end will not be implemented.
8. The conclusion of the Contract of sale occurs at the time of confirmation of placing the Order by the Retailer. Confirmation of the Order placement shall be effected by immediate sending of an appropriate e-mail message by the Retailer to the Customer’s e-mail address provided during the Ordering.
9. After submitting the Order, the Customer will also receive an automatic e-mail to the e-mail address provided during the ordering informing about the acceptance of the Order for execution, about the delivery of the Order for packaging, and then about sending the package with the Order.
10. The Retailer may contact the Customer at the e-mail address provided by the Customer or by phone, to the telephone number indicated by the Customer, in order to clarify any doubts concerning the placed Order or other matters related to the execution of the Order.
11. Information about the Products provided on the Store’s websites constitutes an invitation for Customers to submit offers to conclude a Sales Agreement. The order placed by the Customer is treated as an offer for purchase Products offered in the Store.
12. If the Customer who is a Consumer has made a statement about the resignation from concluding the Sales Agreement before the Retailer accepted their offer, the offer ceases to be binding for the Consumer.
13. In exceptional situations, such as in the absence of a given Product in the warehouse or inability to process the Order for another reason, the Customer will be informed by e-mail or by phone about problems with the implementation of the Order and possible solutions.
§5 Prices of Products.
1. The prices of Products placed on the Store’s website include VAT tax and are given in Polish zloty or Euro currency.
2. The prices of goods do not include delivery costs. Delivery costs are specified on the website in the “Shipping and payment” tab. In addition, delivery costs will be indicated before submitting the Order.
3. The binding and final price of the Products is the price displayed at the moment of summarizing the Order placed by the Customer.
4. Information about the price of the Product, features and essential properties of the Product are available on the website of the Online Store and are placed next to the presented Product.
5. Each purchase made by the customer is confirmed by a receipt or invoice VAT in accordance with the request indicated by the customer. The customer agrees to send a VAT invoice via e-mail to the e-mail address provided.
6. The Retailer reserves the right to change the prices of the Products located in the Online Store, to introduce new Products for sale, to carry out and cancel promotional campaigns on the online Store pages, or to make changes to them in accordance with applicable law.
§6 Discount codes and special offers.
1. Discount codes are issued only as part of advertising campaigns, have a definite validity period and can not be purchased.
2. Discount codes can be used only at a specified time and within one Order. Some Products may be excluded from the possibility of using special offers. Discount codes may be dependent on the minimum purchase value.
3. The Product price can not be smaller than the discount code. In the case of a difference between the value of the discount code and the value of the purchased Product, the difference may be compensated by the additional payment made by the Client.
4. The discount code can not be paid out in cash and is one-off. After its use, it is not possible to return it.
5. The discount code can be used only before the end of the Order process. Subsequent use of the discount code is not possible. In the absence of other information available on the online Store website, it is not possible to combine several discount codes.
6. In case of using the discount code during the purchase and then withdrawal from the Sales Agreement, the discount code used is not refundable and does not regain its validity.
7. Detailed conditions of available discounts and special offers are included in separate provisions for individual promotional actions available on the online Store website.
§7 Shipping and payment.
1. For the order placed in the Store, the Customer may pay as follows:
a) bank transfer;
b) credit card
c) online transfer “Przelewy24”
d) online transfer “PayPal”
e) payment on delivery (payment at the time of delivery of the ordered Products).
2. The delivery of the Products is possible only within the territory of the European Union and takes place at the address indicated by the Customer while placing the Order.
3. The ordered goods are delivered to the Customer via a delivery company to the address indicated by the Customer.
4. The customer is obliged to check the delivered parcel in the presence of the courier. In the event of a loss or damage of the shipment, the customer has the right to request the supplier’s employee to draw up the appropriate protocol.
5. Delivery costs and detailed payment terms are available in the “Shipment & payment” tab.
6. The cost of shipping is also given in the moment of placing the order.
7. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register (Rejestr Przedsiębiorców Krajowego Rejestru Sądowego) kept by the District Court Poznań Nowe Miasto i Wilda w Poznaniu, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego under the number of KRS 0000347935, NIP 7792369887, Regon 301345068.
§8 Terms and conditions of withdrawal from the contract.
1. The Customer who is a Consumer may withdraw from the Product Sales Agreement purchased from the online Store without giving a reason by submitting an appropriate statement within 14 days.
2. The deadline to withdraw from the contract expires after 14 days from the date on which the Customer came into possession of the ordered Product or in which a third party other than the carrier and indicated by the Customer came into possession of the ordered Product.
3. In order to exercise the right to withdraw from the contract, it is sufficient to inform the Retailer of its decision to withdraw from the Sales Agreement by sending it in writing (by post to the Retailer’s address) or by e-mail to the e-mail address of the Store on the withdrawal from the Agreement.
4. The Consumer can formulate the statement on his own or use the model statement of withdrawal from the contract (return form), attached to the shipment of the Customer’s Order and available at the end of this paragraph, which will speed up the return service.
5. To preserve the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of the right of the consumer to withdraw from the contract before the expiry of the deadline to withdraw from the contract.
6. The return of purchased products should take place immediately, not later than within 14 days from the date of submission by the Consumer of a declaration of withdrawal from the sales contract. The purchased Product should be returned to the Retailer’s address.
7. The withdrawal from the Sales Agreement may also take place in such a way that the Consumer will send the purchased product along with the completed withdrawal form (return form) which he received with the purchased product to the Retailer’s address within 14 days of its receipt. In order to preserve the deadline, it is sufficient to give it a registered consignment in the above mentioned time.
8. Returned Product should be returned in the condition in which it was issued and can not bear traces of use indicating its use beyond the necessary scope needed to establish the nature of the Product, its characteristics and functioning. In the case of using the Product in a way exceeding this scope, the Consumer is responsible for reducing the value of the item.
9. In case of withdrawal from the Sales Agreement, it is considered void.
10. The Retailer shall promptly, but no later than within 14 days from the day on which the Consumer withdraws from the contract, return to them the payment made by them.
11. The Retailer shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, however this method will not be binding for the Consumer at any cost. The Retailer may withhold the return of payments received from the Consumer until receipt of the items back or delivery by the Consumer of proof of its return, depending on which event occurs first.
12. Some Products are not subject to the right to withdraw from the contract without giving a reason (possibility of return). This applies to, among others, the following products: – products delivered in a sealed package that can not be returned after opening the packaging due to health or hygiene reasons, if the packaging has been opened after delivery, – products which, after delivery, due to their nature , they are inseparably connected with other things, – products undergoing rapid deterioration or have short expire date.
13. The consumer is liable for a reduction in the value of the purchased Product if they have used it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning. In this case, the Retailer will refund the amount of the refund for the product purchased by Customer accordingly.
A model withdrawal form from the Sales Agreement in the ebiton24 online Store:
In the case of a decision to withdraw from the Sales Agreement in the ebiton24 online Shop, the Consumer may use the following form of the statement of withdrawal from the contract:
- Address: Ebiton24 Sp. z o.o. (address: ul. Nowowiejska 36A, 32-660 Gorzów, post office: Chełmek, Poland),
- I hereby inform about my withdrawal from the Sales Agreement of the following goods ____________
- Date of conclusion of the contract _____________ /receipt ______________
- Order number or billing document number (cash register receipt or invoice) _______________
- Consumer’s name and surname
- Consumer’s address
- Consumer’s signature (only if the form is sent in a paper form)
and send it to us at the following address: Ebiton24 Sp. z o.o. (address: ul. Nowowiejska 36A, 32-660 Gorzów, post office Chełmek, Poland), or via e-mail address: email@example.com
1. The object of sale in the online Store are New Products, without defects. In the case of a Product defect,it is the Retailer who is liable for defects.
2. The customer has the right to address a complaint in the online Store. Complaints are considered by the Retailer.
3. It is possible to make a complaint via e-mail: firstname.lastname@example.org or via post office at the address: Ebiton24 Sp. z o.o. (address: ul. Nowowiejska 36A, 32-660 Gorzów, post office Chełmek, Poland),
4. A correctly submitted complaint should contain at least: the name, address, e-mail address of the Customer, Order number or billing document number (receipt or invoice), description of the reason for the complaint, all circumstances justifying the complaint, subject of the complaint, indicating the Customer’s request.
5. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Retailer asks the Customer making a complaint to supplement it in the indicated scope.
6. The Retailer shall recognize the complaint within 14 days from the date of its receipt in the correct form. The response to the complaint is sent to the e-mail address provided by the Customer or to the traditional postal address.
7. The Customer who exercises the rights under the warranty is obliged to deliver the defective goods to the Seller’s postal address at the expense of the Retailer: Ebiton24 Sp. z o.o. based in Gorzów (address: ul. Nowowiejska 36A, 32-660 Gorzów, post office Chełmek, Poland).
§10 Customers’ personal data.
1. An indispensable element of the registration and ordering procedure, as well as using the help function available in the online Store is the Customer’s providing their personal data marked as mandatory and the Customer’s consent to the processing of their personal data. Providing personal data marked as mandatory is voluntary, but it is necessary to register and place an order and the help function available in the online Store, their implementation and service. Providing personal data not marked as obligatory is voluntary.
2. If the customer has agreed to the service provided electronically, which subject is free delivery of newsletters, the obtained e-mail address (e-mail address) is added to the e-mailing list and is used for marketing purposes to send the customer commercial information by electronic means in the form of a Newsletter.
3. The administrator of personal data provided by Customers to the Retailer’s in connection with the registration, placing an Order in the Store, using the help function and sending marketing information is the Retailer.
4. The Retailer processes Customers’ personal data for the purpose of registration, execution of Orders and other purposes specified in the Regulations.
5. The collected personal data is not made available to third parties, with the exception of transfer of data to the entity participating in the implementation of the order in order to deliver the ordered goods to the Customer. In the case that the payment for the ordered Product is made in advance, the data is also transferred to the entity through which the transaction is settled. Personal data may be entrusted to the processing of an Internet service provider that provides the server room resources to the personal data administrator (hosting provider). The scope of the data transferred is limited to the necessary minimum.
6. The customer has the right to access their data and to correct them or request their removal, and in cases provided by law, request to cease processing of personal data. For this purpose, the Customer should contact the Retailer via e-mail: email@example.com or via post office at the address: Ebiton24 Sp. z o.o. based in Gorzów (address: ul. Nowowiejska 36A, 32-660 Gorzów, post office Chełmek, Poland),
7. The Customer has the right to obtain information about whether and to what extent their personal data are processed, as well as information about the purpose and scope of processing their personal data. For this purpose, the Customer should contact the Retailer in the manner specified in point 6 above.
8. The Retailer, as an administrator of personal data, may entrust another entity, by way of an agreement concluded in writing, with the processing of personal data.
9. Personal data is stored and protected against unauthorized access or use by unauthorized persons, as well as other cases of their disclosure or loss and against destruction or unauthorized modification through the use of appropriate technical and organizational tools.
10. The seller uses cookie files.
§11 Final Provisions.
1. These Regulations are available at any time on the Store’s website.
2. In matters not covered by the content of the provisions of these Regulations, the relevant provisions of civil law shall apply, including provisions governing the rights and obligations of the Consumer.
3. For any disputes arising from the Sales Agreement concluded between the Retailer and the Customer who is not a Consumer, the General Court competent for the place of business of the Retailer shall be competent.
4. For any disputes arising from the Sales Agreement concluded between the Retailer and the Customer who is a Consumer, they will be subject to the competent court in accordance with the relevant provisions on the general jurisdiction of the common courts.
5. The Customer who is a Consumer may also use extrajudicial means of dealing with complaints and redress. Detailed information on out-of-court complaint and redress procedures, as well as rules on access to these procedures, are available at: www.uokik.gov.pl/spory_konsumenckie, www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich, www.uokik.gov.pl/wazne_adresy, www.uokik.gov.pl/sprawy_indywidualne, www.konsument.gov.pl/eck-w-europie lub www.ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en. In addition, the Consumer may lodge a complaint via the EU ODR online platform, available at the address: www.ec.europa.eu/consumers/odr.
6. The possibility of using out-of-court methods of dealing with complaints and redress is possible after the complaint procedure is completed and is voluntary, i.e. both parties must agree to proceed. The retailer agrees to participate in the proceedings regarding out-of-court dispute resolution with Consumers.
7. All rights (including proprietary copyrights) to the website, the Store, available designs, documents (including forms), photos and logos belong only to the Retailer or entities cooperating with him.
8. The Retailer reserves the right to change these Regulations. All Orders accepted by the Retailer for execution prior to the effective date of the new Regulations are implemented on the basis of the current Regulations (which was in force at the time the sale contract was concluded). The amended Regulations come into force within 14 days from the date of its publication on the Online Store’s Website.
9. These regulations were published on October 5, 2018 .
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.