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TERMS AND CONDITIONS OF THE E-SHOP www.5zywiolow.com/shop
Date of publication: 23.11.2017

The e-shop available at the address www.5zywiolow.com/shop is keept by DOMINIK WAWRZYNIAK managing a commercial operation under the company 5 ZYWIOLOW DOMINIK WAWRZYNIAK listed in the Central Evidence and Information on Business of The Republic of Poland, overseen by the adequate ministry of business. Address of the company: ul. Powstańców 34; 48-250 Głogówek, POLAND; correspondence address: ul. Powstańców 34; 48-250 Głogówek, POLAND; NIP (VAT-ID): 755-190-24-23, REGON: 360946089; e-mail address: sklep@5zywiolow.com, phone number: +48 660207606.

Contact with the seller is possible using traditional mail, e-mail or phone - listed above.

The e-shop www.5zywiolow.com/shop cares about the consumer’s rights. The consumer cannot abandon the rules given to him/her in the Act of Consumer Rights. All arrangements that would be less profitable for the consumer than the rights given to him by the aforementioned Act are considered void, using the rules of the Act instead. That’s why all of the terms and conditions below are not meant to disable or constrain any of the consumer’s rights given to them by the binding law, and all doubts should be decided for the consumer’s good. In case of any of the rules in this terms and conditions being contradictory to any Polish and international laws the latter take priority and should be used.

§ 1. Definitions.

1. WORKDAY - one day from Monday to Friday, excluding any days free of work by the rules of Polish law.

2. REGISTRATION FORM - the form available in the e-shop, that allows to create an Acoount. to place an Order, specifically by adding Products to the electronic basket and defining the terms of the Sales Contract, including the shipping and payment forms.

3. ORDER FORM - the form available in the e-shop, that allows to place an Order, specifically by adding Products to the electronic basket and defining the terms of the Sales Contract, including the shipping and payment forms.

4. CIVIL CODE - the act of Polish law from April 23rd 1964 (Dz.U. 1964 nr 16, poz. 93 with later changes).

5. CLIENT - natural person with full capability for legal acts, and also - in cases foreseen by the overall regulations - natural person with restricted capability for legal acts; legal entity or organizational unit without legal personality, given legal ability by acts of law, that formed or intends to form a sales agreement or agreement on realizing an internet service.

6. ACCOUNT (CLIENT’S ACCOUNT) - subpage of the e-shop, in which some information about the client’s activity will be stored (including the history of placed orders).

7. NEWSLETTER - electronic information bulletin, send via e-mail to the subscribers. Subscribing and using to the newsletter is free of any charge and covers only those users that subscribed to it willingly.

8. PRODUCT - a movable thing available in the e-shop, being a subject of the sales agreement between the client and the seller. Tickets to any events organized by 5 Elements Agency available in the e-shop are also considered products.

9. TERMS AND CONDITIONS - the terms and conditions you’re reading right now.

10. E-SHOP, SHOP - the e-shop available at www.5zywiolow.com/shop

11. SELLER, CONTRACTOR - DOMINIK WAWRZYNIAK managing a commercial operation under the company KUŹNIA MORFEUSZA DOMINIK WAWRZYNIAK listed in the Central Evidence and Information on Business of The Republic of Poland, overseen by the adequate ministry of business. Address of the company: ul. Powstańców 34; 48-250 Głogówek, POLAND; correspondence address: ul. Powstańców 34; 48-250 Głogówek, POLAND; NIP (VAT-ID): 755-190-24-23, REGON: 360946089; e-mail address: sklep@5zywiolow.com, phone number: +48 660207606.

12. SALES AGREEMENT - an agreement on sale of the product between the client and the seller using the e-shop.

13. ELECTRONIC SERVICE - a service made by the contractor for the recipient using the e-shop. Those services include: account, order form, newsletter.

14. RECIPIENT - natural person with full capability for legal acts, and also - in cases foreseen by the overall regulations - natural person with restricted capability for legal acts; legal entity or organizational unit without legal personality, given legal ability by acts of law, that used or intends to use an electronic service via the e-shop.

15. ACT ON CONSUMER RIGHTS, ACT - an act of Polish law from May 30rd 2014 regarding the consumer’s rights (Dziennik Ustaw z roku 2014 poz. 827 with later changes).

16. ORDER - statement of intent for the user made by the order form and leading directly to form an sales agreement with the seller.

17. CONSUMER - natural person making orders in the e-shop in terms not strictly related to his/hers commercial activity.

§ 2. Introductory provisions

1. The seller is making retail sales by the use of the e-shop. Using the e-shop the client can buy any products visible in the e-store.

2. The terms and conditions are an internal part of the sales agreement between the client and the seller.

3. All prices visible in the e-shop are gross prices.

4. Products available in the e-shop are new, unless stated otherwise in the product’s description.

5. Technical requirements for using the e-shop, necessary to interact with the system are as follows:
- desktop computer, laptop or other multimedia device with internet access,

- access to an e-mail account,

- web browser: Mozilla Firefox version 3.0 or higher, Internet Explorer version 7.0 or higher, Google Chrome version 8.0 or higher,

- recommended screen resolution: 1024x768 or higher,

- allowing your web browser to use Cookies and Javascript.

6. All the agreements made in the e-shop are made in Polish. In case of users from outside Poland - in English, according to the attachment to this Terms and Conditions.

§ 3. Electronic services available in the e-shop.

1. The following electronic services are available in the e-shop: account, order form, newsletter.

2. Account - using the account is possible after completing all of those three steps - (1) completing the registration form, (2) clicking on “create account” field and (3) activating the account by using the link sent to the given e-mail address. In the registration form the recipient have to share all of the following: full name, address (street, house/locale number, zip code, city, country), e-mail address, contact telephone number and the password. In case of recipients who are not consumers the necessary data include also the company name and NIP (VAT-ID) number.

3. The account electronic service is provided free of charge, infinitely. The recipient can, at any time and without giving a reason delete his/hers account (resign from having an account) by deleting it by himself/herself, using the option available in the account subpage.

4. Order form - to make an sales agreement the client needs to visit the e-shop in his/her browser, chose a product and - basing on the information displayed by the e-shop - make an order using an interactive form. During the order process one needs to give the following data essential for making the order: full name, address (street, house/locale number, zip code, city, country), e-mail address, contact telephone number, products, quantity of the products, payment option. Placing an order using the interactive form is completed by clicking the field “confirm the order”. The confirmation of the order is delivered to the client via e-mail, by a message sent to the address given during the order process. During the order process using the interactive form the client can modify the given data. To do so one needs to follow the messages given by the e-shop and the information available in it.

5. The order form electronic service is conducted free of charge and have an single use character - which means it expires after completion or abandonment by the recipient.

6. Newsletter - subscribing to the newsletter is done intentionally by the user by putting an e-mail address in the specific form available in the e-shop and confirming subscription by clicking a link in the message sent to the recipient. By agreeing to the usage of the newsletter the user agrees to processing his personal data for the means of running the newsletter. The e-mail address given in the subscription process will not be used in any other means than stated above and won’t be processed further or given to any third parties.

7. The contents of the newsletter will be lawful. All of the newsletters will include: information about the 5 Elements e-shop being the sender, a subject and information on how to unsubscribe from the newsletter. The user can unsubscribe from the newsletter at any time, which will result in deleting his/hers e-mail from the database.

8. The technical requirements needed to use the contractor’s services are given in the §2 point 5 of this terms and conditions.

9. The recipient is obliged to use the electronic services of the e-shop according to the law and good customs, taking into consideration the respect for personal interests, copyright laws and intellectual property of the contractor and third parties. The recipient is obliged to enter all the data according to the true facts. The recipient is also forbidden to share any unlawful content.

10. Complaints in regard to electronic services provided by the contractor and all the other complaints regarding the functionality of the e-shop (excluding the procedure of returning damaged or faulty products) can be made by the recipient via e-mail at the address sklep@5zywiolow.com or by traditional mail to: ul. Powstańców 34, 48 – 250 Głogówek, POLAND with an annotation “5 Elements e-shop”.

11. It is recommended to include as much information about the subject of the complaint in the complaint message, especially the type and date of the abnormality and the contact data - this will make the process easier and faster for the contractor. The requirements given in the previous statement are only guidelines and are not required for the complaint to be resolved.

12. The contractor will react to the complaint as soon as possible, but not longer than during 14 calendar days from the time of it’s arrival.

§ 4. Terms to conclude the sales arrangement.

1. The price of the product visible in the e-shop is given in Polish zloty and includes taxes. By choosing the option available in the top right corner of the e-shop the price of the product will be visible in Euros and include taxes. The client is informed about the final price of all the ordered products including taxes as well as the shipping costs (including transportation costs, delivery costs and postal costs) and all the other costs needed to finalize the order (if any) in the order form. The client is informed about the necessity of covering all those costs in the e-shop and at the moment the client forms his/her will to accept the sales agreement.

2. Forming the sales agreement between the client and the seller comes after making an order in the e-shop by the client as described in §3 point 4 of this terms and conditions.

3. After receiving the order the seller confirms it and takes it under realisation. The confirmation occurs by the seller sending the client an e-mail message to the address given during the order process that will include at least the statement of the seller on receiving the order and the confirmation of conducting the sales agreement.

4. The sales agreement between the client and the seller happens at the moment of receiving the aforementioned e-mail by the client, if he/she chooses the cash on delivery payment or personal collection of the product.

5. The sales agreement between the client and the seller happens when the payment is visible on the bank account of the seller when the client chooses the payment by a transfer.

6. When the client chooses the payment by transfer the order confirmation is sent to the client via e-mail in no longer than 48 hours after the money is posted on the seller’s account.

7. Consolidation, protection and sharing of the sales agreement to the client is completed by sharing this terms and conditions on the e-shop’s website and sending the e-mail message mentioned in § 4 point 3 to the client. The contents of the sales agreement is also backed up in the e-shop system.

§ 5. Types and dates for payments.

1. The seller shares the following types of payment to the client:

a. On delivery payment by cash,

b. Cash payment on personal collection,
c. Bank transfer on the seller’s bank account:

Bank: Alior Bank Głogówek

Account no: 87 2490 0005 0000 4500 7330 5980

2. When choosing the bank transfer option the client is obligated to make the payment in no longer than 7 days from finalizing the order form. If the payment is not made in that time the sale agreement is cancelled.

3. When choosing the on delivery payment the client is obligated to make the payment when picking up the package with the order.

4. When choosing the personal collection option the client is obligated to pay for the product when picking it up from the seller.

§ 6. Costs, time and ways of product’s delivery

1. The delivery of the products are available on the territory of The Republic of Poland and across it’s borders.

2. The product delivery to the client is remitted, unless stated otherwise in the sales agreement. The cost of product delivery (including transportation costs, delivery costs and postal cost) are given to the client on the pages of the e-store in the “delivery costs” tab and during the process of making the order, including the time when the client expresses his/her will to participate in the sales agreement.

3. Personal collection of the order by the client is free of charge.

4. The seller makes the following shipping methods available to the client:

a. Courier package,
b. Courier package paid on delivery,

c. Personal collection at the address Głogówek, ul. Powstańców 34 – 9:00 to 17:00 on workdays.

5. The delivery to the client takes from 21 to 28 workdays, unless it’s stated otherwise in the product’s description or during the process of placing the order form. When ordering products with different delivery time the one with the longest one takes precedence, but the full delivery time still cannot exceed 28 workdays. 5 Elements reserves the the right to make the delivery process longer as a result of product lackness in the manufacturer’s stock. The runtime for delivery starts at the day of receiving the order confirmation by the client sent by the seller.

6. If the client chooses personal collection of the order it will be available for pickup at the maximum time of 28 workdays, unless it’s stated otherwise in the product’s description or during the process of placing the order form. When ordering products with different delivery time the one with the longest one takes precedence, but the full delivery time still cannot exceed 28 workdays. The client will be informed when his order will be available for pickup via an e-mail message sent to the address given when placing the order.

§7. Product’s complaint (return of damaged or faulty goods)
(APPLIES TO SALE AGREEMENTS MADE AFTER DECEMBER 25th 2014)

1. The base and scope of the seller’s responsibility in regard to the client if the bought product has a physical or legal fault (warranty) is covered in commonly effective law regulations, specifically the Polish Civil Code.

2. The seller is obligated to deliver the product to the client without any flaws.

3. The complaint can be made by the client using traditional mail on the address: ul. Powstańców 34 48-250 Głogówek, POLAND or via e-mail to sklep@5zywiolow.com

4. It is recommended to include as much information about the subject of the complaint in the complaint message, especially the type and date of the abnormality, the way in which the fault should be taken care of and the contact data - this will make the process easier and faster for the seller. The requirements given in the previous statement are only guidelines and are not required for the complaint to be resolved.

5. The seller will react to the complaint as soon as possible, but not longer than during 14 calendar days from the time of it’s arrival. The lack of any reference during that time means that the seller treats the complaint as valid.

6. In cases when the faulty product is needed for the seller to reference the complaint claim the client will have to deliver it to the seller on the address ul. Powstańców 34, 48-250 Głogówek, POLAND (the seller covers the delivery costs in those cases). If, by any cases, this delivery would be impossible the client will need to make the faulty product available for the seller at the place of its residence after discussing the time of the examination.

7. The request of the product delivery, mentioned in §7 point 6 of the terms and conditions does not impact the time that the seller have to take a stance at the complaint, mentioned in §7 point 5 and does not infract the law of the client to demand the dismantling of the faulty product and collecting the new one, demand the erasure of faults or exchange to a new product, as mentioned in art. 5611 of the Polish Civil Code.

§8. Extrajudicial ways of covering the complains and claims and terms of accessing those procedures.

1. Detailed information regarding the access to extrajudicial ways of covering the complains and claims for a client being a consumer are available in the offices and on the webpages of local consumer spokesmen, civil organizations, which are held responsible by their statutes for that kind of action, Voivodships Trade Inspection and under the following internet addresses:
http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php;
http://www.uokik.gov.pl/wazne_adresy.php.

2. A client who’s being a consumer can use the following example ways to access the extrajudicial ways of covering the complaints and claims:
a. The client can turn to longstanding arbitral consumer court, which is mentioned in article 37 of the Trade Inspection law from December 15th 2000  (Dz.U. 2001 nr 4 poz. 25 with later changes) with a motion to resolve a dispute following the conducted sales agreement. The terms and conditions of those courts are explained in the decree made by the Minister of Justice from September 25th 2001 on the terms and conditions of the arbitral consumer courts and organizations (Dz.U. 2001, nr 113, poz. 1214).

b. The client can turn to the state inspector from the Trade Inspection, according to point 36 of the bill from December 15th 2000 about the Trade Inspection  (Dz.U. 2001 nr 4 poz. 25 with late changes) with a motion to start a mediational process in hope to resolve a dispute between the seller and the consumer. Information on the rules and ways of this procedure can be found in the offices of the State Trade Inspection or on their webpages.

c. The client can acquire a free of charge help with settling a dispute between the client and the seller using the local (city) consumer spokesperson or civil organization held responsible by their statutes for that kind of action (ie. Consumer Federation, Polish Consumer Association). The advices are given by the Consumer Federation under a telephone no. +48800007707 and by the Polish Consumer Association via e-mail at porady@dlakonsumentow.pl.

§ 9. Entitlement to withdraw from an agreement

(APPLIES TO SALE AGREEMENTS MADE AFTER DECEMBER 25th 2014)

1. A consumer who concluded an agreement remotely can withdraw from it during 14 calendar days without giving a reason and having to cover any costs, excluding the costs listed in § 9 point 8 of this terms and conditions. All that he or she needs to do is to file a statement before that time ends. The statement can be delivered by a traditional mail to or via e-mail at sklep@5zywiolow.com

2. A sample withdrawal form for the sales agreement can be found in attachment 2 to the Act On Consumer Rights.

3. A client who’s a consumer can withdraw from the agreement with the seller during 14 days from the date of conclusion. To do so, the client has to inform the seller about his/ her decision by an unambiguous declaration (ie. a note sent by traditional mail or e-mail). That has to be done in a time not exceeding the aforementioned 14 days.

4. In case of withdrawing from a remote agreement the sales agreement is considered void.

5. After receiving the information on withdrawal, the seller is obligated to return all payments made by the consumer, including the shipping costs (excluding the costs resulting from the selection of a shipment option other than the cheapest among available in the e-shop by the client) immediately, but no longer than in 14 calendar days. The seller returns those payments using the same payment method chosen by the client, unless the client clearly states that he/ she wants to use other payment method (as long as it doesn’t force the seller to take any additional costs). If the seller didn’t propose that he will pick up the item from the consumer personally the payment return can happen when the item arrives back to the seller or after the consumer presents a confirmation of its shipping, whatever comes first.

6. The client is obligated to return the item to the seller (or hand over to a person specified by the seller for pick up) immediately, but no longer than in 14 calendar days from the day that he/ she withdrew from the agreement, unless the seller stated that he will pick the item himself. Consumer can return the item to: ul. Powstańców 34, 48 – 250 Głogówek, POLAND.

7. The consumer is responsible for lessening the value of the product if it’s used in ways beyond its purpose and standard allocation.

8. All the possible costs from the fact of withdrawing from the agreement that have to be covered by the consumer:

a. The consumer has to cover the direct costs connected to the product’s return,

b. In case of any services started before the time for withdrawal passed (which was done under direct wish of the consumer), the consumer is obligated to cover all the costs for the services done before that time. These costs are calculated proportionally to the amount of service provided, considering the final price listed in the sales agreement. If those are excessive, the costs are calculated using the market value of the services delivered.

9. The right to withdraw from the sales agreements made remotely does not inhere if one of the following applies:

a. When taking an agreement on providing services, if the seller completed the service by the direct wish of the consumer with a clear information that the right to withdraw will not be viable this time if the seller completes the service,

b. When the price depends on the fluctuations of the financial markets, that are beyond the seller and that could occur before the time for withdrawal passes,

c. When the subject of the benefit is an individual item, constructed personally for the client following his/ her direct instructions and specifications.

§ 10. Resolutions regarding entrepreneurs

1. The following paragraph and all of its contents applies only to clients and recipients who are not consumers.

2. The seller can withdraw from a sales agreement with a client who’s not a consumer in 14 calendar days from its conclusion. That withdrawal can be made without any reason given, and does not give the client who’s not a consumer any rights for claims against the seller.

3. When handling the orders from a client who’s not a consumer the seller can reduce the number of available payment options and require an advance payment for the whole or a part of the order, regardless the payment option chosen.

4. The client who’s not a consumer takes all the gains and responsibilities for the delivery process starting at the moment when the seller gives the product to the deliverer. In that case the seller does not take responsibility for losing, damaging or lessening the value of the product during the process of delivery or any delays of it.

5. In cases when the product is delivered to the client who’s not a consumer by a deliverer the client is obligated to investigate the package in time and method normally used for those shipments. If he/ she discovers any kind of damage done to the product during that time he/ she is obligated to make all the actions required for the deliverer responsibility for that fact.

6. According to point 588, § 1 of the Polish Civil Code the seller is stripped of any warranty obligations for the product for the client who’s not a consumer.

7. When considering a client who’s not a consumer and in case of services regarding the electronic services the seller can withdraw the agreement on delivering the electronic service immediately without giving any reason by simply informing the client about it.

8. The responsibility of the seller/ contractor in regard to the client who’s not a consumer, no matter the legal basis, is limited - both for an individual claim or a series of claims - to the total paid sum coming from the sales agreement including the shipping costs, but not bigger than 1000 PLN. When considering a client who’s not a consumer the seller/ contractor takes the responsibility only for the basic losses considered when conducting the sales agreement and the seller/ contractor does not take responsibility for any loses taken by the client who’s not a consumer.

9. All disputes between the seller/ contractor and the client who’s not a consumer will be taken to the court rightful when considering the place of business of the seller/ contractor.

§ 11. Personal information in the e-shop

1. The personal information gathered by the e-shop are administered by the seller.

2. The personal information gathered by the e-shop are used for realizing the sales agreement or the agreement on providing electronic services.

3. In case of a client who chooses delivery by mail/ courier firm the administrator shares the personal information with the deliverer to make the shipment possible.

4. In case of a client who chooses payment by electronic transfer or a credit/ debit card the administrator shares the personal information with the entity managing the payments.

5. The client have the right to see into and modify his/ her personal information. That can be done by requesting it via traditional mail to ul. Powstańców 34, 48 – 250 Głogówek, POLAND or via e-mail sklep@5zywiolow.com

6. Sharing personal information is not mandatory, but a lack of any those required by the terms and conditions could result in the sales agreement not being possible. All the personal information required to conduct a sales agreement are also always clearly stated in the e-shop before that agreement is made.

§ 12. Cookies

1. The seller uses cookies (small text information), kept on the end device of the client (ie. computer, tablet, smartphone). Cookies can be read by the seller’s e-shop system.

2. The seller keeps the cookie files on the end device of the client, and then access them for statistical reasons and to keep the correct runtime of the shopping process described in this terms and conditions.

3. The seller informs the clients that there is a possibility of configuring their web browser, that disallows the gathering of cookies on their end device.

4. The seller indicates that the cookies can be deleted by the client from his/ her end device using the specific functions of the web browser, usage of other software or the tools available in the client’s operating system.

5. The seller informs that the change of the web browser configuration that prevents or limits the storage of cookies on the client’s end device could result in incorrect runtime of the shopping process described in this terms and conditions.

§ 13. Final provisions

1. All agreements made in the e-shop are in Polish.

2. Agreements made in the e-shop with the clients living outside Poland are made in English, basing on the English version of this terms and conditions.

3. The contractor reserves the right to change the text of this terms and condition when a valid reason occurs, including: law changes; changes on the types of shipments and payments - in a way that those changes impact the terms and conditions.

4. In cases of ongoing agreements (ie. electronic service - account) the changes to the the terms and conditions are binding to the user if all the conditions written in articles 384 and 384[1] of the Polish Civil Code, which means the user was informed about the changes and did not withdraw from the agreement in 14 calendar days from receiving the notice. In cases when the changes to terms and conditions would require the consumer to bear any new costs he/ she can withdraw from the agreement.

5. In cases of agreements other than ongoing agreements (ie. sales agreement) any changes to this terms and conditions will not impact any rights of the consumers granted before the changes, in particular the changes will not impact the already placed orders and existing sale agreements.

6. In cases not regulated by this terms and conditions all standard polish laws take precedence, in particular the Polish Civil Code; bill on electronic sales from July 18th 2002 (Dz.U. 2002 nr 144, poz. 1204 with later changes); for sale agreements made after December 25th 2014 with clients being consumers - rules of the bill on consumer rights from May 30th 2014 (Dz.U. 2014 r. poz. 827 with later changes); and other according common laws and rules.