Terms and conditions
§.1 General Provisions
- The eleven-store.pl store operates on the principles set out in these Regulations.
- The Regulations specify the conditions for concluding and using Sales Agreements, products and complaint procedure, as well as the types and scope of services provided by electronic means by the eleven-store.pl Store, rules for these services, conditions for concluding and terminating contracts for the provision of electronic services.
- Each Service Recipient is obliged to comply with the provisions of these Regulations at the moment of undertaking activities aimed at using the Electronic Services of the eleven-store.pl Store.
- In matters not covered by these Regulations, the regulations shall apply:
- Act on the provision of electronic services of July 18, 2002. (Journal of Laws No. 144, item 1204, as amended),
- Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827),
- Act on the out-of-court resolution of consumer disputes of September 23, 2016 (Journal of Laws of 2016, item 1823),
- Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant regulations of Polish law.
§.2 Definitions contained in the regulations
- Registration form – a form available on the eleven-store.pl website that allows you to create an Account.
- Order form – a form available on the eleven-store.pl website that allows you to place an order.
- Client – a Service Recipient who is a Consumer who intends to conclude or has concluded a Sales Agreement with the Seller.
- Consumer – a individual who performs with the entrepreneur a legal act not related directly to his business or professional activity.
- Account – a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password, in which the Service Recipient’s data is collected, including information about orders placed.
- Product – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- Regulations – these Store regulations.
- Store – the Service Provider’s online store operating at eleven-store.pl.
- Seller, service provider – the company ELEVEN entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, address of the registered office: Kilińskiego 6/10, 25-302 Kielce, place of business and address for service: ul. Solna 4b, lokal 1u 25-006 Kielce, NIP: 9591843656, e-mail address: firstname.lastname@example.org, phone number: + 48 606 470 844, hereinafter referred to as the “Administrator” and being also the “Service Provider”.
- Sales Agreement – Product Sales Agreement concluded between the Customer and the Seller via the Store.
- Electronic service – a service provided electronically by the Service Provider to the Customer via the Store.
- Service Recipient – a individual, legal person or organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
- Order – Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
§.3 Information on products and their ordering
- The eleven-store.pl store conducts retail sales of Products via the Internet, only for consumers.
- Products offered in the Store are free from physical and legal defects and have been legally introduced on the Polish market.
- Information on the Store’s websites does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to buy a specific Product under the conditions specified in its description.
- The Product price shown on the Store’s website is given in Polish zlotys (PLN) and Euro and contains all components, including VAT. The price does not include delivery costs.
- The Product price shown on the Store’s website is binding when the Customer places the Order. This price will not change regardless of price changes in the Store that may appear in relation to individual Products after the Customer has placed the Order.
- Orders can be placed:
- via the website using the Order Form (eleven-store.pl Store) – 24 hours a day throughout the year,
- via email to the following address: email@example.com,
- by phone: + 48 606 470 844.
- In order to place an Order, the Customer is not obliged to register an Account in the Store.
- The condition of placing an Order in the Store by the Customer is to read the Regulations and accept its provisions when placing the Order.
- The Store carries out Orders placed from Monday to Friday during the Store’s business hours, i.e. from 11 to 18 on business days. Orders placed on Fridays after 14 and weekends will be processed the next business day.
- Products in the promotion (sale) have a limited number of items and Orders will be processed in the order in which they are received until stocks of a given Product run out.
§.4 Conclusion of the sales agreement
- To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance by the methods provided by the Seller, in accordance with § 3 points 6 and 8.
- After placing the Order, the Seller immediately confirms its receipt.
- Confirmation of acceptance of the Order for realization causes the Customer to be bound by his Order. Confirmation of receipt and acceptance of the Order for realization is made by sending an e-mail.
- Confirmation of acceptance of the Order for realization contains:
- confirmation of all relevant elements of the Order,
- these Regulations containing instructions on the right to withdraw from the contract.
- As soon as the Customer receives the e-mail message referred to in item 4, a Sales Agreement is concluded between the Customer and the Seller.
- Each Sales Agreement will be confirmed by a proof of purchase (proof of sale) which will be attached to the Product.
§.5 Payment methods
- The seller provides the following payment methods:
- payment by traditional transfer to the Seller’s bank account,
- payment via electronic payment services (PayPal, Przelewy24),
- payment on delivery.
- In the case of payment by traditional transfer, the payment should be made to the bank account number: mBank S.A. 39 1140 2004 0000 3302 7403 4505, ELEVEN, ul. Solna 4b, lokal 1u 25-006 Kielce. The title of the transfer should include “Order No. ……”.
- In the case of payment via electronic payment services, the Customer makes a payment before starting the Order. Electronic payment services allow you to make payments using a credit card, BLIK application or a quick transfer from selected Polish banks.
- In the case of payment on delivery, the parcel is sent after verifying the correctness of the address details.
- The Customer is obliged to pay the price under the Sales Agreement within 3 business days of its conclusion, unless the Sales Agreement provides otherwise.
- If you choose the payments described in points 1.1 and 1.2, the Product will not be sent until it has been paid for.
§.6 Cost, delivery date and methods of delivery product
- Product delivery costs are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.
- The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier:
- Product completing time is a maximum of 5 working days.
- Product delivery by the carrier takes place within the period he declares, i.e. from 1 to 3 business days (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
- Products purchased in the Store are sent via courier GLS.
- The Customer may pick up the Product in person by prior arrangement by phone or email.
§.7 Product complaint
- Complaint under warranty.
- The basis and scope of the Seller’s liability to the Customer who is a Consumer, under the warranty covering physical and legal defects, are set out in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
- If the Product has a defect, the Customer may request:
- lowering the Product price,
- Product exchange,
- withdraw from the Sales Agreement (if the defect of the Product is significant).
- The Seller may refuse to comply with the request for repair or replacement if bringing the Customer into compliance with the Sales Contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the second possible method of compliance with the Sales Contract. The cost of repair or replacement is borne by the Seller.
- The seller may refuse to comply with the request to reduce the price or withdraw from the contract of sale and in return propose repair or replacement, provided that they are immediatelly implemented and there is no excessive inconvenience to the customer.
- The customer may change the seller’s proposal, i.e. repair for replacement or replacement for repair, unless such a choice is impossible or requires excessive costs.
- Notifications of defects regarding the Product and submission of the relevant request may be made by e-mail to the following address: firstname.lastname@example.org or in writing to the following address: ul. Solna 4b, lokal 1u 25-006 Kielce.
- In the above message in written or electronic form, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and accelerate the complaint handling by the Seller.
- To assess physical defects of the Product, it should be delivered to the following address: ul. Solna 4b, lokal 1u 25-006 Kielce.
- The Seller will respond to the Customer’s request immediately, no later than within 14 days of notification.
- In the case of a complaint from a Customer who is a Consumer – not considering the complaint within 14 days of notification is tantamount to its consideration. In connection with a justified complaint from a Customer who is a Consumer, the Seller covers the costs of receipt, delivery and replacement of the Product free from defects.
- The response to the complaint is forwarded to the Consumer on paper or other durable medium.
§.8 Right to withdraw from the contract
- Subject to point 10 of this paragraph, the Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send the statement of withdrawal from the contract provided by the Store. Generating a statement is possible via the document generator available ###LINK_DO_F_ZWROTU###.
- In case of withdrawal from the contract, the Sales Agreement is considered null and void, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller for collection immediately, but not later than 14 days from the day on which he withdrawn from the contract, unless the Seller has proposed that he will pick up the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
- In the case of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Solna 4b, lokal 1u 25-006 Kielce.
- The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- Subject to points 6 and 8, the Seller shall refund the value of the Product together with the costs of its delivery using the same method of payment that was used by the Consumer, unless the Consumer has expressly agreed to a different method of return which does not involve any costs for him.
- If the Consumer has chosen a method of Product delivery other than the cheapest regular delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- If the Seller has not offered to collect the Product from the Consumer, he may withhold return the payment 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 withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of returning the Product to the Seller.
- The fourteen-day period within the Consumer may withdraw from the contract shall be counted from the day on which the Consumer took possession of the Product, and in the case of services from the date of conclusion of the contract.
- The right to withdraw from a distance contract is not entitled to the Consumer in the case of a Sales Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
- in which the subject of the service is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract,
- in which the subject is a service, if the Seller has fully completed the service with the expressly agrement of the Consumer, who was informed before the start of the service that after the complete of the service by the Seller, he will lose the right to withdraw from the contract,
- the subject of the service is an item prone to rapid deterioration or having a short expiry date.
- The right to withdraw from the Sales Agreement is entitled to the both the Seller and the Customer (Consumer) in the case of the other party’s failure to complete its obligations within a strictly defined period.
§.9 Type and scope of electronic services
- The Service Provider allows via the Store to use Electronic Services such as:
- concluding Product Sales Agreements,
- keeping an Account in the Store.
- The provision of Electronic Services to Customers in the Store takes place under the conditions set out in the Regulations.
- The Service Provider has the right to place advertising content on the Store’s website. These contents are an integral part of the Store and the materials presented in it.
§.10 Conditions for the provision and conclusion of contracts for the provision of electronic services
- Provision of Electronic Services specified in § 9 item 1 of the Regulations by the Service Provider is free of charge.
- Period for which the contract is concluded:
- the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period,
- the contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a definite period of time and terminates when the Order is placed or the Customer ceases to place it.
- Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
- computer (or mobile device) with Internet access,
- access to email,
- Web browser.
- The Service Recipient is obliged to use the Store in a manner consistent with the law and decency, while respecting personal rights and intellectual property rights of third parties.
- The Service Recipient is obliged to enter data consistent with the facts.
- The Service Recipient is forbidden to provide illegal content.
§.11 Complaints related to the provision of electronic services
- Complaints related to the provision of Electronic Services through the Store may be submitted by the Customer using the ###LINK_DO_F_REKLAMACJI### by e-mail to the following address: email@example.com.
- In the e-mail above, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of complaints by the Service Provider.
- Consideration of the complaint by the Service Provider takes place immediately, no later than within 14 days of notification.
- The Service Provider’s response to the complaint is sent to the Customer’s e-mail address provided in the complaint application or in another manner provided by the Customer.
§.12 Conditions for terminating contracts for the provision of electronic services
- Termination of the contract for the provision of Electronic Services:
- The contract for the provision of Electronic Services of a continuous and indefinite nature (keeping the Account) may be terminated.
- The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending an appropriate statement via e-mail to the following address: firstname.lastname@example.org.
- The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and indefinite nature in the case that the Service Recipient violates the Regulations, in particular when he provides unlawful content after an unsuccessful prior call to stop the violations with an appropriate deadline. In this case, the contract expires after 7 days from the date of submission of the declaration of intent to terminate it (notice period).
- Termination leads to the termination of the legal relationship with effect for the future.
- The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.
§.13 Intellectual property
- All content posted on the website at eleven-store.pl is protected by copyright and (subject to § 13 point 3 and elements posted by the Service Users, used on the basis of a license, transfer of copyright or fair use) are the property of ELEVEN, ul. Solna 4b, lokal 1u 25-006 Kielce, NIP: 9591843656. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content on the eleven-store.pl website, without the Service Provider’s agreement.
- Any use by anyone, without the express written agreement of the Service Provider, of any of the elements making up the content and content of the eleven-store.pl website constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.
- All trade names, Product names, company names and their logos used on the Store’s website at eleven-store.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at eleven-store.pl are used for informational purposes.
§.14 Final provisions
- Agreements concluded through the Store are concluded in accordance with Polish law.
- In the case of any incompatibility of any part of the Regulations with applicable law, instead of the challenged provision of the Regulations, the relevant provisions of Polish law shall apply.
- Any disputes arising from Sales Agreements between the Store and Consumers will be settled first of all through negotiations, with the intention of resolving the dispute amicably, taking into account the Act on out-of-court resolution of consumer disputes. If, however, this would not be possible or would be unsatisfactory for either party, the disputes shall be resolved by a competent common court in accordance with point 4 of this paragraph.
- Court dispute resolution:
- Any disputes arising between the Service Provider and the Service Recipient (Customer) who are also a Consumer are submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
- Any disputes arising between the Service Provider and the Service Recipient who is not also a Consumer shall be submitted to the court having jurisdiction over the Service Provider’s seat.
- The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting after the complaint procedure an application to initiate mediation or an application for consideration of a case by an arbitration court (the application can be downloaded on the website click here). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: click here. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure is free.
- In order to resolve the dispute amicably, the consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) online platform, available at: click here.