Terms & Conditions

1

Definitions

For the purposes of these Regulations, the following meanings are used:

Buyer – a natural person with full legal capacity, a legal person or a defective legal person,

Consumer – a natural person concluding a contract with the Seller not related directly to his business or professional activity,

Regulations – these regulations, available at https://eccolenka.net/regulamin,

Store – online store operating at https://eccolenka.net,

Seller – Magdalena Nowicka running a business under the company “Eccolenka” with headquarters in Newcastle upon Tyne, 40 Kirkwood Drive NE3 3AR Unique Taxpayer Reference (UTR): 7145752641.

2

Preliminary Provisions

Through the Store, the Seller provides the Buyer the opportunity to conclude a contract of sale of physical products available in the Store.

The Regulations specify the terms and conditions of using the Store, as well as the rights and obligations of the Seller and Buyers.

To use the Store, it is not necessary for the Buyer’s computer or other device to meet specific technical conditions. Sufficient are:

Internet access,

standard operating system

standard web browser

having an active email address.

The Buyer may not make a purchase in the Store anonymously or under a pseudonym.

It is prohibited to use unlawful content while using the Store, in particular by sending such content via forms available in the Store.

All product prices listed on the Store’s website are gross prices.

3

Services provided electronically

Through the Store, the Seller provides electronic services to the Buyer.

The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the Store.

If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting of setting up and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by him in the Store. The buyer logs in to the Account using his email address and the password he has defined.

Creating an account in the Store is done by completing and sending, using the Store’s automatic mechanism, the registration form. The Buyer may at any time delete the account by sending a request to the Seller. Deleting an account will not delete data on orders placed using the account.

If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending the Buyer an e-mail containing information about the Seller’s new products, promotions, products or services. The subscription to the newsletter takes place by completing and sending the subscription form to the newsletter or by checking the appropriate checkbox in the ordering process. The Buyer may at any time unsubscribe from receiving the newsletter by clicking on the unsubscribe button visible in every message sent as part of the newsletter or by sending an appropriate request to the Seller.

Services are provided electronically to the Buyer free of charge. On the other hand, sales contracts and contracts for the supply of digital content concluded through the Store are payable.

In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.

The Seller takes steps to ensure that the Store functions properly. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.

The Buyer may submit any complaints related to the functioning of the Store via e-mail to the contact address contact@eccolenka.net. In the complaint, the Buyer should provide the first and last name, correspondence address, as well as the type and date of irregularities related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer of its settlement to the e-mail address of the person submitting the complaint.

4

Order

The buyer can place an order as a registered customer or as a guest.

The registered customer is the Buyer who has an account in the Store. The buyer can set up an account from the Store.

Placing an order is done by filling out the order form after adding the products of interest to the Buyer to the basket. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the method of delivery of the ordered products and the method of payment for the order are also selected. The condition of placing an order is acceptance of the Regulations, which the Buyer should first read. In case of any doubts regarding the regulations, the Buyer may contact the Seller.

After clicking the button finalizing the order, the Buyer will be redirected to the payment gateway, according to the chosen payment method. After successful payment, the Buyer will be redirected back to the Store website with the order confirmation. At this time, the contract is considered to have been concluded between the Buyer and the Seller. Confirmation of the contract will be sent to the Buyer to the e-mail address provided in the order form.

Depending on the subject of the order, a specific type of contract may be concluded between the Buyer and Seller:

in the case of physical products – a sales contract,

for online courses and other electronic products – a contract for the supply of digital content.

If the subject of the order are simultaneously different types of products, placing an order leads to the conclusion of several contracts of a certain type corresponding to the subject of the contract.

The buyer must provide true personal data in the order form. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the performance of the order in a situation where the Buyer has provided false data or if the data raises reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller’s doubts. In this situation, the Buyer has the right to clarify all circumstances related to verifying the accuracy of the data provided. In the absence of data enabling the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer has contacted.

The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their accuracy and correctness, although he has such permission in accordance with paragraph 7 above.

5

Delivery and payment

Available payment methods for the order are described on the Store’s pages and are presented to the Buyer at the stage of placing the order.

Available methods of delivery of physical products are described on the Store’s pages and are presented to the Buyer at the stage of placing the order. The cost of delivery of the order shall be borne by the Buyer, unless the Seller indicates otherwise on the Store’s website.

Electronic payments, including card payments, are handled by the following payment operators: 

Stripe Inc, 510 Townsend Street San Francisco, CA 94103, USA

PayPal Holdings Inc 2211 North First Street San Jose, California U.S.

When paying by credit cards, the following types of cards are available: Visa, Visa Electron, MasterCard, MasterCard Electronic, American Express.

6

Physical Products

The order covering physical products is carried out by sending the purchased products to the address provided by the Buyer.

The delivery time should not exceed 72 hours, unless otherwise stated in the Store’s product description.

The order is considered completed when the shipment is sent to the Buyer.

The parcel should be delivered to the Buyer within the time limit resulting from the chosen method of delivery.

7

Intellectual Property Rights

The Seller hereby instructs the Buyer that the content contained in the Store, text, graphic and photo materials included in physical products are protected by copyright, and the copyright is vested in the Seller.

Unlawful dissemination of content or materials referred to in paragraph 1 above may result in civil or criminal liability.

9

Withdrawal from the Consumer contract

A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving a reason within 14 days of taking possession of the purchased items.

To withdraw from the contract, the consumer must inform the seller about his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post, fax or e-mail.

To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of the Consumer right to withdraw from the contract before the deadline to withdraw from the contract.

The consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to collect immediately, but not later than 14 days from the day on which he withdrew from the contract, unless the Seller has offered to collect the item himself. To meet the deadline, it is sufficient to return the product before its expiry

The consumer bears the direct cost of returning the item.

In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of products available in the Store (if the cost was covered by the Consumer) immediately, and in any case not later than 14 days from the day on which the Seller was informed of the performance right of withdrawal. The reimbursement of payments will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution. In any case, the Consumer will not incur any fees in connection with the form of reimbursement.

If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.

The consumer is responsible for reducing the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.

 

10

Responsibility for defects

The seller is obliged to provide the buyer with the product and digital content free of defects.

The Seller is liable to the Buyer if the sold product, digital content has a physical or legal defect (warranty for defects).

If the Buyer finds a defect in the product or digital content, he should inform the Seller about it, at the same time specifying his claim related to the found defect or making a statement of relevant content.

The Buyer may contact the Seller by both traditional mail and electronic mail.

The Seller shall respond to the complaint submitted by the Buyer within 14 days from the day of delivery of the complaint by means of such means of communication by which the complaint was submitted.

11

Personal data and cookies

The administrator of the Buyer’s personal data is the Seller.

The Buyer’s personal data is processed in order to process orders, user accounts and possible defense, investigation or determination of claims related to contracts concluded through the Store.

12

Out-of-court complaint consideration and redress methods

The Seller agrees to submit any disputes arising in connection with concluded contracts by way of mediation. Details will be determined by the parties to the conflict.

The consumer has the option of using extrajudicial means of dealing with complaints and redress.

The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations under an online sales contract or contract for the provision of services.

13

Final Provisions

The Seller reserves the right to introduce and revoke offers, promotions and to change prices in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of the contracts concluded before the change.

All disputes related to contracts concluded through the Store will be considered by a Polish common court competent for the place of business of the Seller. This provision does not apply to Consumers for which the jurisdiction and jurisdiction of the court are considered on general principles.

The Seller reserves the right to make changes to the Regulations. Agreements concluded before the amendment to the Regulations shall be subject to the Regulations in force on the date of conclusion of the agreement.

These Regulations shall apply from 09/10/2019.