TERMS AND CONDITIONS
These Terms and Conditions define rules of using the website and making purchases in the Online Store ran by the Seller at the address – www.edulepki.pl.
The Seller is a company – EDULEPKI Sp. z o.o. with its office in Sopot, at Chmielewskiego 5B/3, 81-721 Sopot, registered in the register of entrepreneurs of the National Court Register kept by the District Court in Gdańsk, Commercial Division of the National Court Register under number KRS 0000847600, Tax Identification Number NIP 585-149-15-03, National Business Registry Number REGON 386382086
The Seller can be contacted:
- by phone (helpline): +48 730 745 073 (your operator’s per-minute rates apply);
- by email: email@example.com
- in person: EDULEPKI sp. z o.o., Chmielewskiego 5B/3, 81-721 Sopot
(Monday-Friday, 9:00 to 3:00 p.m.).
§ 1 [Definitions]
- Terms and Conditions – these Terms and Conditions, Terms and Conditions referred to in the Article 8 of the act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended).
- Online Store edulepki.pl – an organised IT structure located at the address www.edulepki.pl, used for entering into Sales Agreements by electronic means.
- Buyer – natural person, legal person, organisational entity having no legal personality which can in their own name obtain rights and contract obligations, in accordance with the provisions of the generally applicable law.
- Consumer – natural person using the Online Store edulepki.pl for purposes that are not directly related to their business or professional activity.
- Seller – EDULEPKI Sp. z o.o., performing sales services through the Online Store edulepki.pl in accordance with rules defined in these Terms and Conditions.
- Product – movable good, presented in the Online Store edulepki.pl, which is the subject of a Sales Agreement, intended for children from the age of three, unless other information is provided in the description of the Product.
- Sales Agreement – Sales Agreement regarding Products in the meaning of the act of 23 April 1964 Civil Code (Journal of Laws of 1964 no. 16, item 93, as amended), made by and between the Seller and the Buyer, with the use of the Online Store edulepki.pl
- Order – declaration of intent of the Buyer, defining precisely the type and amount of Products, which directly leads to entering into a Sales Agreement.
- Durable Medium – material or device enabling a Consumer or an entrepreneur to store information directed individually to him, in a way that allows access to this information in the future, for a period of time adequate to purposes of the information, and which enables the access to the stored information in unchanged form.
§2 [General Provisions]
- By making purchases at the Online Store edulepki.pl, the Buyer accepts the provisions of these Terms and Conditions and undertakes to act in accordance with these provisions.
- Payments are serviced by a company: PayPro sp. z o.o.with its office in Gdańsk, at Kanclerskiej 15, postal code: 60-327, National Court Register Number KRS: 0000347935.
- All Products offered by the Online Store edulepki.pl are brand new, in the original packaging, free from physical and legal defects, and they were lawfully entered into the Polish market.
- The Buyer can use the Online Store edulepki.pl if the ICT system they are using meets the following minimal technical requirements:
- Operating system: Windows, Linux (with graphic console) or Mac OS;
- Hard drive: 8.0 GB of free storage;
- Graphics card: 256 MB memory, supports 1024×768 resolution;
- Internet connection with the capacity of at least 512 kbit/s for information downloading and 128 kbit/s for information uploading;
- Controls: keyboard, mouse, touchscreen.
- The Seller does not take responsibility if sending of messages to the email address indicated by the Buyer is blocked by the administrator of the email server, nor if the messages are deleted or blocked by a software installed on the computer or other device used by the Buyer.
- Proprietary copyrights regarding graphics on edulepki.pl are owned by the Seller. The Seller does not consent to exploitation of these graphics without their express consent.
§3 [Order procedure]
- The Online Store edulepki.pl allows Orders to be placed 24 hours a day, 7 days a week, during the whole year (with the exception of maintenance breaks).
- An active email account is necessary to place Orders.
- Realisation of the Order requires, apart from accepting the Terms and Conditions, filling in an Order Form using proper contact data, including detailed delivery address, phone number and email address.
- If data mentioned in point 3 are incomplete, the Seller contacts the Buyer. If the contact is not possible, the Seller has the right to cancel the Order.
- If the data Buyer provided through the procedure of registration of by filling in an Order Form change, the Buyer is obliged to immediately correct the data.
- User’s Account is obtained through filling in a form available at edulepki.pl.
- When the form is filled, an activation email is sent to the email address indicated in the form, the Buyer has to open the message and confirm registration by clicking the activation link.
- The Buyer is obliged to give true and complete information in the process of registration of a User’s Account or filling in the one-time Order Form, providing false information is forbidden.
- In the case of a one-time Order, it is not necessary to register a User’s Account. Order Form must be filled in properly and included terms and costs of delivery must be accepted.
- Delivery address indicated during registration of a User’s Account constitutes the default delivery address. For each Order, the Buyer can define a different delivery address.
- If a company address is provided in the Order Form, the name of the company should also be provided.
§4 [Sales Agreement procedure]
- Sales Agreement is made subsequently to filling in an Order Form, referred to in § 3 point 3 of these Terms and Conditions.
- In order to place an Order, the Buyer:
- selects the ordered Products and their amount;
- selects the method of delivery, provides the delivery address and data for the invoice or receipt;
- selects the payment method;
- selects the box which confirms the order and informs of the obligation to make payment (follow the notices on the website).
- Once the Order is placed, a message will be immediately sent to the address email indicated by the Buyer, informing of receipt of the Order, method of realisation and conclusion of the Sales Agreement between the Seller and the Buyer.
- If a payment method different than collection on delivery (COD) or electronic payment is selected, the Seller provides the bank account number to which the payment should be made in the message referred to in point 3 above.
- Amount of Products offered by the Online Store edulepki.pl is variable and constantly updated.
- Orders are accepted in the order of their receipt, until exhaustion of stock. If Products constituting part of the Order are unavailable, the Seller informs the Buyer immediately, not later than 14 days from the conclusion of Sales Agreement, and returns the payment. The notice will be sent to the email address indicated by the Buyer in the Order Form.
- Depending on the Buyer’s choice, the Seller provides a receipt or an invoice, which can be attached to the parcel or sent by electronic means, to the indicated email address in the form of a picture file containing settlement documents. The Seller can also issue and send the invoice in the electronic form, in accordance with the Ordinance of the Minister of Finance of 20 December 2012 on sending, conditions of storage of invoices in electronic form, and the mode of making them available to tax authorities or inspection authorities.
- Once the Order is placed, the Seller sends the Buyer a confirmation of a remote conclusion of Sales Agreement on Durable Medium, no later than the goods are delivered or service is performed.
§5 [Prices, Payment, and Order cancellation]
The full cost of the Order consists of the price of the Product and the delivery costs. The Product price indicated on the edulepki.pl website is binding at placement of the Order by the Buyer.
- All Product prices shown on the website of the Online Store edulepki.pl:
- are in Polish Zlotys;
- include taxes;
- do not include costs of delivery, the Buyer is informed of the obligation to pay delivery costs when he places the Order at the Online Store edulepki.pl.
- Delivery costs vary depending on the method of delivery selected by the Buyer.
- The Buyer can selects the following payment methods, for Products delivered within the Polish territory:
- collect on delivery: realisation of the Order commences once the Order is placed; this option is possible only if the Buyer is a Consumer;
- bank transfer: realisation of the Order commences when the payment is credited on the bank account of the Seller;
- electronic payment using credit card or e-transfer: realisation of the Order commences when the Seller receives a confirmation of the proper completion of the operation by the payment service provider.
- In the case of payment method described in the point 4b) above, the Seller is obliged to make payment to the bank account of the Seller, which is indicated in the message confirming receipt of Order, with the title – “Order no. [*]”. The payment should be made within 5 days from receipt of the message confirming the receipt of the Order.
- If the Buyer does not make a payment within the period indicated in point 5 above, the Seller will send the Buyer a message reminding them of the obligation to make payment. Another 5-day period will be indicated by the Seller in this message, the Order will be cancelled after this period.
- Settlement of credit card transactions and e-transfers are performed through Centrum Rozliczeniowe PayPro S.A. with its office in Poznan, at Kanclerskiej 15, 60-327 Poznan, registered in the register of entrepreneurs kept by the District Court in Poznan – Nowe Miasto and Wilda, in Poznan, 8th Commercial Division of the National Court Register under number KRS 0000347935, tax identification number NIP: 7792369887, in accordance with terms and conditions of the service available at: https://www.przelewy24.pl/regulamin
- The Order can be cancelled or modified also on Buyer’s request, if the request is issued before the Product is sent. Request to cancel the Order should be sent to the following email address: firstname.lastname@example.org.
- The Seller sends the Product within 7 days from the conclusion of agreement, in the case of the “collect on delivery” option being selected by the Buyer. In other cases – the Product in sent within 7 days from the crediting of payment on the bank account of the Seller.
- Delivery date of the parcel varies depending on the selected method of delivery, and terms and conditions of delivery services performed by e.g. Poczta Polska S.A., GLS, DHL, and DPD.
1. Products are delivered by specialised couriers or through Paczkomaty InPost. In certain cases, it is possible to collect the Products personally at the Seller’s office.
2. Cost of delivery depends on the size of the parcel and amounts to the maximum of:
a. Cost of delivery to Paczkomat InPost – 13.00 PLN;
b. Courier mail (Poland) (InPost), payment by transfer – 15.00 PLN;
c. Overseas shipment (Europe), payment by transfer – be agreed
d. Overseas shipment (North America, South America, Asia, Africa), payment by transfer – be agreed;
e. Overseas shipment (Australia and Oceania), payment by transfer – be agreed;
In the case of orders delivered within the territory of Poland which exceed 120 PLN – delivery is FREE!
3. Detailed terms of delivery are defined by terms and conditions of delivery services performed by e.g. DHL and DPD.
4. The Seller will inform the Buyer through an email of the Product being sent.
5. The Buyer will inform the Seller of non-delivery of the parcel, through an email sent to the following address: email@example.com
6. If the notice referred to in the point 5 above is accepted, the Seller will immediately return to the Buyer, within 14 days, the whole of the payment amount.
7. If the Product is found to have been damaged during transport, the Buyer informs the Seller through an email address sent to firstname.lastname@example.org, with a damage report attached, if the Buyer made such report.
§7 [Claims and Warranties]
- This point of the Terms and Conditions applies only to Buyers who are Consumers.
- The Seller is liable to the Consumer under warranty, if the sold Product has a physical or legal defect, in the meaning of the generally applicable regulations.
- If the Product has a defect, the Consumer can demand it to be brought to compliance with the Sales Agreement through unpaid repair or exchange of the Product for a new one, unless repair or exchange are not possible or require excessive expense.
- Assessment of excessive expense is performed on the basis of the value of the goods in accordance with the agreement and the level of determined non-compliance.
- The Product is in particular inconsistent with the Sales Agreement if:
- it does not have the properties, which the Product should have based on the purpose indicated in the Sales Agreement arising from the circumstances or designation;
- it does not have the properties guaranteed by the Seller, i.a. through presentation of a sample or the design;
- it cannot be used for the purpose of which the Consumer informed the Seller at the conclusion of the Sales Agreement, and the Seller had not raised reservations against such purpose;
- was issued to the Consumer incomplete;
- does not meet expectations regarding goods of such type, based on public declarations of the Seller, producer or their representatives, or the person who introduces the consumer good onto the market as part of their business activity, or the person who indicates themself as the producer through placing their name, trade mark or other characteristic marking on the product (declarations expressed through labelling of the goods and advertisements, relating to the properties of the goods, including the period of time for which the properties are maintained, are in particular taken into consideration);
- was improperly mounted of launched, if these were performed by the Seller, a person for whom the Seller is liable as part of the Sales Agreement, or by the Buyer based on the instructions received with the purchase.
- does not have other properties indicated in a specific agreement, or which it should have based on the agreement.
- If consideration of the claim by the Seller or realisation of Consumer’s rights arising from the warranty will require delivery of the Product to the Seller, the Consumer will be asked to deliver the Product at the expense of the Seller to the address EDULEPKI Sp. z o.o., ul. Chmielewskiego 5B/3, 81-721 Sopot.
- If, due to type, Product’s defects, cumulation within the Order, delivery of the Product is impossible or excessively difficult, the Buyer will be asked to make the Product available, at previously agreed time and place of collection.
- Delivery of the Product referred to in the point 8 above does not impact the time period provided to the Seller for consideration of a claim.
- If the sold Product has a defect, the Consumer can also make a declaration on lowering of the price or withdrawal from the Sales Agreement, unless the Seller immediately and with no excessive inconveniences for the Consumer exchanged the defective Product for one that is free from defects or repairs the defect. This restriction does not apply if the Product has already been exchanged or repaired by the Seller or if the Seller has not fulfilled the obligation to exchange the Product for one that is free of defects or to repair the defect.
- The lowered price should stay in such ratio to the Sales Agreement price, as the value of the defective Product is in relation to a Product free of defects.
- The Consumer cannot demand withdrawal from the Sales Agreement if the defect is not major.
- Claim can be filed by the Consumer, with the description of claim:
- in written form to the address: EDULEPKI Sp. z o.o., ul. Chmielewskiego 5B/3, 81-721 Sopot; or
- in electronic form to the address: email@example.com
- It is advised that the description of claim should include all information and circumstances regarding inconsistencies of the Product with the agreement, all information and circumstances regarding the claim, the method of settling the claim preferred by the Consumer – a) repair, b) exchange for a new Product, c) lower price, d) return of the whole or part of the payment, that is the cost of the delivery and cost of return of the Product to the Seller, in accordance with the Template of the claim description (available in the “Returns and Refunds” tab), which improves the efficiency of the claim procedure and does not impact its effectiveness.
- The Seller settles the Buyer’s claims immediately, within 14 calendar days from the date of submission of claim.
- If the Seller does not keep the above time limit, the claim is deemed to have been accepted as reasonable.
- The Seller is liable under warranty, if a physical defect is found within two years from the release of the Product.
- If the sold Product is a used Product, the Seller is liable under warranty, if a physical defect is found within one year from the release of the Product.
- Buyer’s claim for repair of the defect or exchange expires after one year from discovery of the defect, however not sooner than two years from the release of the Product.
- If the claim is settled to the advantage of the Consumer, the cost of repair or exchange is covered by the Seller.
- If the Products were covered by producer’s or distributor’s warranty, detailed terms and conditions of the warranty and its term are included in the warranty card issued by the warrant (available in the “Returns and Refunds” tab).
- Warranty regarding a sold Product does not exclude, restrict, suspend the rights of a Consumer arising from the inconsistency of the Products with the agreement, which were described in this paragraph.
§8 [Out-of-court method of claim settlement and claim assertion]
- The Consumer can use out-of-court method of claim settlement and claim assertion. In order to use the possibility of amicable settlement of disputes regarding purchases made through our website edulepki.pl, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) – the Consumer can file their complaint e.g. through the EU ODR Internet Platform at the following address: http://ec.europa.eu/consumers/odr/ or through mediation (detailed information regarding possibility of the Buyer who is a Consumer using out-of-court methods of claim settlement and claim assertion, and the rules of access to these procedures are available at the address https://uokik.gov.pl/wazne_adresy.php#faq595, as well as at offices and websites of the poviat (municipal) consumer advocates, community organisations, whose statutory tasks include protection of consumers, Voivodeship Inspectorates of Trade Inspection, and of the Office for Competition and Consumer Protection.
- The EU ODR platform facilitates independent, objective, clear, effective, fast and fair out-of-court settlement via Internet of disputes between consumers and entrepreneurs regarding contractual obligations arising from Internet sales agreements or service agreements made by consumers residing in the European Union and entrepreneurs having their office in the European Union.
- Using the available out-of-court methods of claim settlement and claim assertion is possible after the claim procedure is finished and is voluntary – both parties must consent to the commencement of the proceeding. The Seller consents to the out-of-court settlement of disputes with Consumers.
§9 [Withdrawal from the Agreement]
- This point of these Terms and Conditions applies only to Buyers who are Consumers.
- A Consumer that remotely entered into an agreement, has the right to withdraw from it without stating the cause, within 14 calendar days.
- The term is kept if a declaration is sent before its end. The declaration can be made using a form, whose template constitutes an attachment to the act of 30 May 2014 on right of the consumer (Journal of Laws of 2014, item 827), or with the use of a template available on the website of the Online Store edulepki.pl (in the “Returns and Refunds” tab).
- The declaration of withdrawal from the agreement referred to in the point 3 above must be attached to the returned Product, and sent to the address: EDULEPKI Sp. z o.o., ul. Chmielewskiego 5, 81-721 Sopot, labelled as “RETURN”, within 14 days from the submission of the declaration of withdrawal from the agreement.
- The term runs from:
- the moment of receipt of the Product by the Consumer or a third party appointed by the Consumer, other than the carrier;
- the moment of receipt of the last Product, series, part, if the agreement covers many Products;
- the moment of receipt of the first Product, if the agreement covers repeated delivery of Products for a defined period of time;
- the conclusion of the agreement in the case of other agreements.
- In the case of withdrawal from a remotely concluded agreement, the agreement is deemed not concluded.
- Payment made to the Seller is immediately returned to the Consumer, within 14 days from the receipt of the declaration of withdrawal from the agreement.
- If the Consumer made payment with the use of credit card or electronic transfer, return of the payment will be made accordingly to the card or bank account, from which the payment originated. In the case of a traditional transfer or collection on delivery, the payment will be returned to the bank account indicated by the Consumer in the declaration of withdrawal from the agreement, or by postal order, depending on the Consumer’s choice.
- The Seller is not liable for failure to return or a delay, if it was caused by the Consumer providing wrong personal data (name, surname, address) or wrong bank account number.
- Payment referred to in the point 7 above, is the paid Product price, as well as, delivery cost covered by the Consumer, provided that delivery cost incurred in relation to return of the Product to the Seller was incurred by the Consumer.
- If the Consumer selected a method of delivery of the Product other than the regular, cheapest method of delivery available at the Online Store edulepki.pl, the Seller is not obliged to return to the Buyer the additional costs incurred by the Buyer.
- The Consumer is liable for impairment of value of the Product which arises from use that exceeds methods necessary for determining the character, properties and functioning of the Product. Exceeding this limit does not render withdrawal from the agreement ineffective.
- The Seller is the administrator of the personal data collected through the Online Store edulepki.pl.
§11 [Final Provisions]
Disputes that may arise between the Buyer and edulepki.pl are subject to settlement by the court of competent jurisdiction in accordance with the provisions of the act of 17 November 1964 Code of Civil Proceedings (Journal of laws no. 43, item 296, as amended).
- The Seller reserves the right to introduce changes to the Terms and Conditions due to significant reasons, that is:
- change of legal regulations;
- change of payment and delivery methods – in the scope, in which these changes impact realisation of the provisions of these Terms and Conditions.
- The Buyers owning Users’ accounts in the Online Store edulepki.pl will be informed of changes to the Terms and Conditions, through email.
- If a change to Terms and Conditions arises since the last login, the Client accepts or does not accept the changed provisions after they are changed.
- Buyers that do not accept the changes introduced to Terms and Conditions, can delete their Users’ Accounts at any moment.
- Orders placed by Clients before introduction of changes into the Terms and Conditions are realised in accordance with prior provisions of the Terms and Conditions.
- Matters not regulated by these Terms and Conditions are subject to provisions of Polish law.