Terms

REGULATIONS FOR THE ONLINE STORE


I. GENERAL PROVISIONS
The Regulations define the rules of use by Users, including Buyers, from the Store maintained by the Seller.
The Regulations are made available on the Store's website without interruption in a manner enabling Users to obtain, reproduce and record its contents.

II. DEFINITIONS
The terms used in the Regulations mean:

Seller - Green Energy Solutions Mateusz Gontarek with headquarters at 00-424 Warsaw, ul. ul. Solec 61b lok. 39, with a tax identification number NIP: 774 - 306 - 58 - 68, activity entered into the CEIDG, which, while conducting business activity, performs the sale of goods or provision of services as part of the Store.
Shop - collection of websites and IT tools (website) managed by the Seller and allowing Users to conclude Sales Agreements or Contracts for the provision of services, available in the Internet domain: ecogadget.pl.
Buyer - a User who concluded a Sales Agreement or a Service Agreement as part of the Store.
Sales contract - an agreement concluded in the Store on the terms resulting from the Regulations between the Seller and the Buyer, the subject of which is the sale of things to the Buyer.
Contract for the provision of services - an agreement concluded in the Store under the terms of the Regulations between the Seller and the Buyer, the subject of which is the provision by the Seller for the Buyer service or services.
Contract - includes the Sales Agreement and the Contract for the provision of services.
Regulations - these Store Regulations.
Allegro - open online trading platform under which transactions are made and other services related to transactions are performed, maintained in the Allegro allegro.pl domain by the Allegro Group, also available as part of other websites operated by Allegro Group partners.
Materials - information on the Store's website, including names and descriptions as well as photos and graphic illustrations of goods, markings of producers of goods.
Grupa Allegro - Grupa Allegro Sp. z o.o. with registered office in Poznań, (60-166 Poznań, Grunwaldzka 182), entered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda, 8th Commercial Department of the National Court Register under number KRS 0000268796, with share capital in the amount of 33,976. PLN 500.00, with a tax identification number NIP: 5272525995.
User - an Internet user using the Store who purchases or intends to purchase goods or services presented by the Seller via the Store.
PayU - PayU S.A. with registered office in Poznań, (60-166 Poznań, Grunwaldzka 182), entered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda, 8th Commercial Department of the National Court Register under the number KRS 0000274399, with share capital of 4,000. PLN 000 fully paid up, with a tax identification number NIP: 7792308495 and REGON number 300523444.
Newsletter - a service provided by the Seller, consisting in sending information, including commercial information, including information about the Seller and its products, the electronic sales industry, news, promotions and commercial offers by electronic means.

III. GENERAL TERMS AND CONDITIONS FOR THE USE OF THE STORE

1. A user who is a natural person may use the Store provided that he has full legal capacity.
2. A user who is not a natural person may use the Store through persons authorized to act on his behalf, subject to the provisions contained in the section REGISTRATION IN THE STORE, in point 4.
3. The User may use the Store via devices communicating with the Internet (computer, telephone), using a web browser.
4. The User is obliged to provide true, current and complete data in the forms referred to in the REGISTRATION IN STORE section 2 and 3 and follow the conditions of the Regulations. The data provided by the User may not violate the provisions of the currently applicable law as well as personal rights and rights of third parties.
5. The User's use of the Seller's name, the Shop logo, Materials and other Shop components (including graphic elements of the Store and the Shop layout and composition - the layout) is prohibited except as expressly provided in the Regulations or when the use of items indicated in this item copyrights and industrial property rights is possible on the basis of express written consent of the Seller or authorized third parties (including producers or distributors of goods or services, Allegro Group or entities affiliated with the Allegro Group). The Seller informs that Grupa Allegro has the right to the concept of the Store understood as the whole of functional solutions and visual elements. It is forbidden for the User to take any actions aimed at recreating the Store, in particular on websites and Internet domains associated with the User.
6. The User is obliged not to disclose to third parties his login and password used to log in to the Store.

IV. REGISTRATION IN THE STORE
1. Users have the option of:
use of the Store, including the conclusion of Contracts, without the need to register, or
registration in the Store using the User's access data (login and password) assigned to the Allegro account.
2. Conclusion of the Contract for the purchase of a given good or service without prior registration in the Store is possible, subject to the remaining provisions of the Regulations, after the following conditions have been met:
the correct completion of the online electronic form available on the Store's website by providing the required data, acceptance of the Regulations.
3. Registration in the Store is possible only in the case of a User who has an account in Allegro (being Allegro user) and requires that all the following conditions are met: log in to the store using the login and password assigned to the account in Allegro, using the appropriate online form available on the Store's website, acceptance of the Regulations.
4. In the case of a legal person and an organizational unit without legal personality, registration in the Store, as well as all other activities of this entity in the Store, may only be made by a person who is authorized to perform all activities related to the use of the Store on behalf of that entity (including registration ) and to exercise all rights and obligations of this entity as a User (including the Buyer).
5. The Seller may request credibility of the data provided by the User, including in the case of updating the User's data, by sending the required documents to the Seller.
In the event of any change of the User's data provided during registration, the User should update it before . the next Agreement, using the appropriate form available in the Store.
6. Upon registration in the Store, a User's account is created that is a collection of resources in which information about the User is collected and about his activities as part of the Store in connection with the concluded Agreements. As part of his account, the User has, among others access to the history of your orders in the store.

V. SUBMISSION OF CHECKS IN A STORE - CONCLUSION OF THE AGREEMENT
1. By browsing the store's website, in particular presenting the goods, services and shipping costs, the user has the opportunity to get acquainted with their description, features, technical parameters, price and shipping cost as well as additional costs. The Seller undertakes to present clear and reliable information on the above pages enabling the User to get acquainted with his offer.
2. Before placing an order, the User places in the virtual basket the selected product or service that he intends to purchase. The virtual basket is a tool enabling the User to aggregate selected goods / services before buying them, converting the value of goods / services collected in the basket and converting delivery costs. When selecting goods / services, the User can freely manage the contents of the basket by adding additional goods / services to the basket or removing them from the basket.
3. After the final selection of goods / services to be purchased, the User is directed to the online form used to place orders in the Store. The ordering form may be composed of sub-forms used to define:
delivery address,
the delivery method,
how to make a payment for a good / service.
4. Placing an order constitutes an offer within the meaning of the Civil Code, submitted by the Seller's User. After receiving the order, the Seller verifies that the order has been placed correctly (in accordance with the provisions of the Regulations). If the Seller determines that the order has been incorrectly placed, the Seller will inform the User about it.
5. After submitting the correct order, the Seller shall immediately send the User information about the acceptance of the order (acceptance of the offer) to the e-mail address provided during placing the order or during registration. The contract for a given good or service is concluded when the Seller provides information to the User about the acceptance of the order.
6. In the case of the Agreement for the provision of services, the Seller will notify the Buyer before placing an order with the minimum period for which the Contract is to be concluded if it concerns a continuous or periodic service.

VI. PAYMENT PRICE
1. The Customer is obliged to pay the price for the goods / service ordered in the Store, including delivery costs, no later than within 7 days from the date of purchase, with reservation, when the payment takes place upon receipt.
2. Payments for purchased goods in the Store by the Buyer or the services ordered (price and delivery costs) are made using payment tools available in the Store and on terms specified by the Seller. Available forms of payment are specified on the "Forms of payment" page.
3. All prices in the Shop are gross prices including VAT (tax on goods and services) in the amount resulting from separate provisions. The costs of delivery of goods / services to the User are provided separately on the page "Time and costs of delivery".
4. The User purchases the goods and orders for services according to prices and the amount of delivery costs in force at the moment of placing the order. The amount of delivery costs depends on the delivery method chosen by the User.
5. The Seller reserves the right to change the prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by entities performing deliveries. This provision does not apply to effectively placed orders.
6. If you buy a Xtorm brand product, if you find an identical product at a lower price within 7 calendar days of purchase, you are entitled to a refund of the difference in price. The rule does not apply to products covered by promotion or sale. A comparative price may only come from another online store registered in the Republic of Poland and refer to a new product not covered by any promotion or sale.


VII. SUPPLY
1. The delivery takes place to the address indicated by the Purchaser within the time specified in the offer, subject to products "on order", whose delivery time may be longer, which the customer is informed about.
2. The place of fulfillment of the provision related to the purchase of goods in the Store is the delivery address indicated by the Customer, subject to the goods collected personally by the Customers, where the place of performance is the personal collection point chosen by the Customer.
3. If the Seller can not perform the service due to the fact that the good or service is not available, immediately, however, within thirty days of concluding the Agreement, he will notify the Buyer and return the entire sum of money received from him if any sum has already been paid.
4. In the event that the Seller can not perform the obligation due to even temporary inability to perform the service ordered by the consumer, he may release himself from the obligation by fulfilling a substitute service corresponding to the same quality and purpose and for the same price or remuneration, at the same time informing the consumer in writing about his right not to accept this service and withdraw from the contract with the return of the item at the expense of the Seller.

VIII. NEWSLETTER
1. To use the Newsletter, a computer with Internet access, a standard web browser and an active and properly configured e-mail service are required.
2. The Newsletter is a free service provided by the Shop for Users who are not Buyers and Users registered in the Store in accordance with Chapter III of the Regulations consisting in informing Users about promotions, contests, events, news by periodically sending content via email in the form of an e-mail.
3. The purpose of using the Newsletter is:
complete the Newsletter subscription form available on the Store's website and agree to receive commercial information by email or
consent to the sending of commercial information during registration in the store.
4. The resignation from receiving information within the Newsletter is possible by filling out the subscription form of the Newsletter on the Store's websites, as well as by clicking on the link available in the message sent as part of the Newsletter.
5. The User shall not be liable to the Seller for using the Newsletter. The User is obliged to bear the costs of data transmission via the Internet connected with the use of the Newsletter.


IX. PERSONAL DATA PROTECTION GDPR
The Seller's personal data provided by the Seller is collected and processed in accordance with applicable law and in accordance with the Privacy Policy included in Appendix No. 2 to the Regulations.


X. COMPLAINT PROCEDURE
1. The Buyer may submit complaints to the Seller regarding the Seller's activities and use of the Store.
2. Complaints may be submitted in electronic form via the contact form available in the Store on the "Company or contact details" page or in writing to the Seller's address provided in the upper part of the Regulations. The complaint should contain at least:
name, surname, address, e-mail address of the Buyer,
the date of conclusion of the Agreement constituting the basis of the complaint,
the subject of the complaint, indicating the Purchaser's request,
all circumstances justifying the complaint,
3. The Buyer will be informed about the settlement of the complaint by email or traditional post.
4. The store recognizes the complaint within 14 days from the date of its receipt in the correct form.
5. If the purchased goods are covered by a guarantee, eg a manufacturer, an importer, a seller, etc., the scope of which confirms the warranty document issued together with the product, irrespective of any other warranty entitlements, the Buyer may file a complaint, citing the scope of the guarantee granted.

XI. WITHDRAWAL FROM THE AGREEMENT, A CONFIRMATION, A GUARANTEE
1. On the basis of the Act of 30 May 2014 on consumer rights, the Buyer who is a consumer may withdraw from the Agreement without giving reasons within 14 days from the receipt of the goods, and when the Contract concerned the service - within 14 days from the date of conclusion of the Contract for the provision of services , subject to paragraph 5 below.
2. To comply with the withdrawal period, it is sufficient to send a written statement of withdrawal in paper form or by e-mail. The buyer may, for this purpose, use the model statement made available, including on the "Complaints and returns" page. The Seller shall immediately send confirmation of receipt to the Buyer on a durable medium.
3. In the event of withdrawal from the Agreement, the Agreement is considered void. What the parties have rendered is returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within fourteen days.
4. In the event of a prepayment made by the Purchaser, the Seller is obliged to return the price along with statutory interest calculated from the date of prepayment.
Withdrawal from the Agreement by the Buyer who is a consumer is not possible in cases where the benefits and goods subject to repayment, from the purchase of which, in accordance with applicable law, can not be waived.
If the duration of the Contract for the provision of services is not marked, each party may terminate it without giving reasons, with a monthly deadline, unless the parties agreed a shorter notice.


XII. TECHNICAL BREAKS
1. The Seller shall not be responsible for the inability of Users to use the Store caused by force majeure.
2. The Seller reserves the right to break the access to the Store caused by its technical service, maintenance work or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that these breaks are held during the night hours and last as short as possible.

 

XIII. FINAL PROVISIONS
1. The Seller reserves the right to change the provisions of the Regulations. The change enters into force upon the publication of the amended Regulations on the Store's website in relation to the Store, in which the Sales Agreement or the Contract for the provision of services (one-off) is concluded, subject to the provisions of point XIII.3 of the Regulations.
2. The amendment of the Regulations does not apply to Agreements concluded before the new Regulations became effective. In the case of concluding Agreements referred to in the preceding paragraph, after the amended Regulations become effective, the Purchaser will be asked to accept the new Regulations.
3. In the case of Shops where the Contract for the provision of services of a continuous or periodic nature is concluded, the amendment to the Regulations comes into effect on the date indicated by the Seller, but not earlier than after 45 days from the date of publication of the amended Regulations on the Store website and simultaneous notification of including Users to the email address assigned to the account.
4. If the content of the new Regulations is not accepted, the User may terminate the Contract for the provision of services of a continuous or periodic nature in the manner provided for in point XI.5 of the Regulations.
5. If the periodical service expires during the notice period, the Agreement is terminated at this moment and is not extended for the next period.
6. In all matters not regulated in these Regulations, the provisions of generally applicable Polish law shall apply. 7. In matters related to Allegro (including the use of the Allegro username and password), the relevant provisions of the Allegro Regulations shall apply. In matters related to the use of PayU services in connection with the use of the Store, the relevant provisions of the Regulations for the provision of the PayU service apply.
8. All disputes related to the services provided by the Seller as part of the Store will be resolved by the competent Polish common courts.
9. Users who are consumers have the opportunity to use the out-of-court way to resolve complaints and claim against the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection. Information on how to access the abovementioned mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl, in the tab "Settlement of consumer disputes".


ANNEXES TO THE REGULATIONS
Annex No. 1. Complaints and returns
Annex No. 2. Privacy Policy

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