These Terms and Conditions determine the rules for making purchases in the online shop maintained by the Seller at embe.tech
The Seller is EMBETECH sp. z o.o. under the address ul. Czarnowiejska 36/017, 30-054 Krakow, Poland, operating on the basis of a one-person business activity, subject to registration in the Central Register of Economic Activities entered under the Vat Identification Number: 677 239 64 55, National Business Registry Number: 363255196 also referred to as the “Service Provider”.
Contact with the Service Provider can be made by:
- using an email address: firstname.lastname@example.org
§ 1 Definitions
- Terms and Conditions: these regulations in the range of services provided electronically. The Terms and Conditions are the regulations referred to in Art. 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.).
- Customer: a natural person, legal person or organizational unit not having legal personality and possessing legal capacity which, under the terms determined in these regulations, makes an Order in the Online Shop.
- Consumer: A customer being a natural person using the Online Shop for any purpose not directly related to his business or professional activity.
- Service Provider: an entity providing sales service through the Online Shop to the rules set forth in these Terms and Conditions.
- Subject of transaction: Items listed and described on the website of the Online Shop.
- Items: movable item, presented in the Online Shop, which the Contract of Sale regards.
- Contract of Sale: contract of sale of Items within the meaning of the Civil Code, concluded between the Service Provider and the Customer, with the use of the Online Shop portal.
- Online Shop (Shop): website available at embe.tech, through which the Customer can place an Order.
- Order: statement of the will of the Customer specifying the type and quantity of Items, aimed directly at the conclusion of the Contract of Sale.
§ 2 General provisions
- These Terms and Conditions determine the rules for using the online shop available under the address embe.tech
- The necessary condition for making an Order in the Shop by the Customer, is getting acquainted with these Terms and Conditions and accepting its provisions.
- The sale and delivery of Items by the Online Shop only covers the territory of the Republic of Poland.
- Each item offered for sale in the frame of the embe.tech online shop is brand new, free of physical and legal defects and has been legally introduced to the Polish market.
- Items presented on the photographs of the Online Shop are presented in a way which is as close as possible to their actual appearance. Due to individual settings or parameters of the user’s monitor, minor differences between the photo and the actual color of the Item may exist.
- As part of the technical requirements necessary for cooperation with the IT system which the Service Provider uses to make purchases, the Customer shall have:
- an active email account (e-mail)
- a device connected to the Internet, meeting the following minimum technical requirements:
- an Internet Explorer web browser version 11 or newer, Firefox in version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,
- 7. The Customer of the Online Shop is obliged, in particular, to:
- not providing content prohibited by law, e.g. content promoting violence, defamatory or infringing personal and other third-party rights.
- not undertaking actions such as: sending or posting unsolicited commercial information in the frame of the Online Shop (spam),
- using the Online Shop in a way that is non-cumbersome for other Customers and for the Seller,
- using any content contained within the Online Shop only in the range of personal use,
- using the Online Shop in a way which is in accordance with the applicable law of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general rules of using the Internet
§ 3 Making orders
- Orders made by the web page may be submitted 24 hours a day, 7 days a week throughout the whole year.
- Orders are accepted by the web page/by e-mail.
- The service of maintaining an Account in the Online Shop is available upon registration. Registration is made by filling in and accepting the registration form and the Terms and Conditions, made available on one of the websites of the Online Shop. An agreement to provide a service in the Online Shop is concluded for an indefinite period of time and is terminated when the Customer submits the request to delete the Account via e-mail.
- The order is effective if the Customer correctly completes the order form and provides the correct contact details, including the precise address to which the Items are to be sent, as well as the telephone number and email address.
- In the case when the provided data is not complete, the Seller has the right to contact the Customer. If contact with the Customer is not possible, the Seller is entitled to cancel the Order.
- After the Customer places a correct order, he will receive an automated response from the shop confirming the receipt of the order.
- The beginning of the execution of the order is the same as the time of receipt of the payment to the bank account given in the order confirmation in case of payment by bank transfer or when the order was made in case of payment by card option.
§ 4 Prices of items and delivery costs
- All prices provided on the website embe.tech are gross prices in Polish zlotys. The provided prices do not include shipping costs.
- Information on the total value of the order with the delivery costs is presented in the Basket after the Customer chooses the form of payment.
- A detailed shipping cost list are provided during editing of the order.
- Promotions in the Shop are not subject to merging, unless otherwise stated in the promotion regulations.
§ 5 Forms of payment
- For each sold item, a receipt or a personal purchase certificate is issued (invoice).
- The Customer of the Online Shop can choose the following payment methods for the ordered Items:
- ELECTRONIC BANK TRANSFER, during which the Customer is redirected to the PayPal portal. Settlements of transactions via a quick money transfer are carried out through the PayPal system. Order Execution takes place after authorization of the payment to Seller’s account in the PayPal system.
- STANDARD BANK TRANSFER – during which the Customer has the opportunity to make the payment at any time not exceeding 7 days from the date of order placement. Execution of the order takes place after the payment is posted in the corporate account of the Shop. Account number: PL 92 1240 4533 1111 0010 6555 9784
§ 6 Order completion time and delivery time
- The Items are sent to the address indicated on the order form, after the payment or after selecting the payment option on receipt and commencing the execution of the Order.
- The Items are delivered on the whole area of Europe through selected courier companies.
- The delivery and execution date of the Order is calculated in Working Days according to the chosen payment method:
- electronic payment (in this case the execution of the Order will be commenced after the Customer has received the confirmation of acceptance of the Order by the Seller and after the Seller receives information from the paying agent’s system about the payment made by the Customer (in case of payment by PayPal) or posting the payment in the bank account of the Shop (in the case of a traditional bank transfer). The shipment will be made immediately after the Order has been completed);
- The Seller, as requested by the Customer, supplies a receipt or VAT invoice with the Items which includes the delivered Items.
§ 7 Withdrawal from the contract
- Pursuant to Art. 27 of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 24 June 2014, item 827), a Customer who has entered into a distance contract, may withdraw from it within 14 days without providing a reason and without incurring costs by submitting a relevant written statement. This deadline is absolutely non-movable and counts from the date on which the Items were delivered.
- In the event of withdrawal from a distance contract, the contract is considered to not be concluded. What the parties have provided is reimbursed in an unchanged condition, unless the change was necessary within the limits of standard management.
- The refund should be made immediately, no later than within 14 days. The purchased items should be returned to the address of the Service Provider.
- The right to withdraw from the contract by the Consumer is excluded in the case of: providing services, if the Seller has performed the service fully with the express consent of the Consumer, who has been informed before starting the execution of the service, that after its execution the Seller is no longer entitled to withdraw from the contract; provision of services commenced with the Customer’s consent before the expiry of the date regarding audiovisual and visual recordings and those saved on computer software media after removal of the original packaging by the Customer; contracts regarding benefits for which the price or remuneration depends solely on price movements on the financial market; services with characteristics specified by the Customer in the order placed by him or closely related to his person; services which, because of their nature, cannot be returned or which are subject to rapid deterioration, the provision of press, services in the area of gaming and betting services.
- The Seller returns the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to another method of return, whereby this manner will not be connected with any cost of the Consumer.
- The Seller may refrain from returning the payments received from the Customer until the item is returned or until the moment of delivery by the Customer of a return receipt, depending on whatever occurs earlier, unless the Seller has offered to receive the item from the Customer himself.
- If the Consumer has chosen a method of delivering Items other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by him. The Customer only bears the direct return cost of the Items, unless the Seller agrees to bear that cost.
§ 8 Reclamation procedure
- Products have a guarantee of the manufacturer, importer or seller, valid in Poland. The guarantee period of each product is stated in its description on the shop’s website, it is 2 years from the date of purchase.
- Complaints should be submitted to the address of the Service Provider.
- When submitting a complaint, it is necessary to provide the Service Provider with the product in question along with the proof of purchase.
- The Service Provider will consider the complaint within 14 days of the date of submitting the complaint. If the case of considering the complaint in decided favor of the Customer, the service provider will either repair or exchange the returned item with a new, full value one or return the value of the purchased items. In the case of shortcomings in the complaint, the Seller will call the Customer to supplement it within the necessary range within 7 days from the date of receipt of the request by the Customer.
- If the items are not in accordance with the contract, the Customer may demand that the items be brought into a contractual condition through a free repair or replacement with a new one, unless the repair or replacement is impossible or requires excessive costs. When assessing the excessive cost, the value of the item in accordance with the agreement and the type and degree of nonconformity found shall be taken into account. (Law of 27 July 2002 on special terms of consumer sale and amendment of the Civil Code).
- The Customer loses the rights specified in point 5 of this article, if within two months of stating the nonconformity of items with the contract he does not notify the shop about this fact. It is enough to send a notice before the expiry of the deadline.
- The administrator of personal databases, provided by the customers of the online shop embe.tech in relation with the purchases, is the Service Provider.
- Personal data is used for the purpose of executing sales contracts, and may therefore be transferred to entities responsible for the delivery of purchased items to the customer.
- When submitting the Order, until clicking the “Place order” button, Customers having an account in the Online Shop have the ability to manually correct the entered data on their own by editing the account profile.
- Verification of data or a correction of an Order can also be made by sending an e-mail to the Service Provider at email@example.com
- The Customer has the possibility to optionally receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, a valid email address must be provided or an appropriate field on the registration form or the Order form must be activated. The Client may at any time withdraw his consent to sending commercial information. The agreement regarding the Newsletter service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his email address from the Newsletter subscription or unsubscribes from the link contained in the content of the message sent under the Newsletter service.
§ 10 Change of the Terms and Conditions
- Each Customer will be informed about any changes to these Terms and Conditions by information on the website of the Online Shop containing a summary of changes and the date of their entry into force.
- Customers who have an Account will additionally be informed of the changes along with their summary to the e-mail address provided by them.
- The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement.
- A Customer who does not accept the changes introduced in the Terms and Conditions is entitled to remove the account, notifying the Seller of this fact within 14 days from the date of informing about the change of the Terms and Conditions.
- Notifying the Seller of the lack of acceptance of new content of the Terms and Conditions results in termination of the contract.
- Orders submitted by Customers before the entry into force of changes to the Terms and Conditions will be executed according to the provisions of the Terms and Conditions.
§ 11 Final provisions
- Any rights to the Online Shop, including financial copyright, intellectual property rights to its name, Internet domain, website, as well as forms, logos and images, belong to the Seller, and their use may only take place in the manner specified in and in accordance with the Terms and Regulations. Settlement of possible disputes arising between the Seller and the Customer who is the Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant laws of the Code of Civil Procedure. Settlement of possible disputes arising between the Seller and the Customer, who is not a Consumer within the meaning of Art. 22  of the Civil Code shall be submitted to the court of competent jurisdiction on the grounds of the Seller’s registered office.
- In regards to matters not regulated in these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Consumer Rights Act and other relevant provisions of the Polish law shall apply.
- Terms and conditions are valid from 21.01.2018.