Terms & Conditions
Whenever these regulations refer to:
- ” Regulations ” – shall mean these regulations;
- ” Privacy Policy ” means the privacy policy of the Seller, available in the Online Store, in the Privacy Policy tab;
- ” Online Store ” – it means an online store located at www.e30clusters.com, together with subpages;
- “ Seller ” – it means E30 Clusters Marek Dybowski based in Al. Powst. Wlkp. 82 64–920 Pila Poland
- ” Customer Service Office ” or ” BOK ” – it means part of the organizational structure of the Seller that performs the User service activities provided for in the Regulations; contact with BOK is possible via e-mail: e30clusters@gmail.com , on business days from Monday to Friday, 8:00 AM to 4:00 PM, excluding public holidays;
- ” User ” – it means an adult natural person, legal persons and organizational units without legal personality, but which may acquire rights and incur obligations on their behalf; The user may also be a natural person who is at least 13 years old – to the extent that he can acquire rights and incur liabilities under generally applicable law;
- ” Customer ” – shall mean the User who places the Product order;
- ” Consumer ” – shall mean a natural person making a legal transaction with the Seller not directly related to his business or professional activity;
- ” The Service ” – means that one of the services offered by the Seller;
- ” Product ” – it means one of the products presented in the Online Store;
- ” Product Card ” – it shall mean the sub-site of the Online Store containing information about the Product;
- ” Shopping Cart/Basket ” – it means the functionality of the Online Store intended to place a Product ordered;
- ” Newsletter ” – it means a free newsletter of the Online Store, which the User may receive periodically to the indicated e-mail address.
- The Online Store is run by the Seller.
- The Regulations define the rules for using the Online Store, the type and scope of Services provided by the Seller, including Services provided electronically, the conditions for placing orders, concluding, performing and terminating contracts, complaint proceedings, dispute resolution, and rules for the protection of personal data.
- The content of the Regulations is available in the Online Store in the “Terms & Conditions” tab and can be recorded by the User at any time by saving or printing the page. At the User’s request, the Seller shall provide him with the content of the Regulations in the form of an electronic file.
- The User using the Online Store is obliged to refrain from activities that are inconsistent with generally applicable law, in particular from providing illegal content or unauthorized interference in the content of the Online Store.
- The Seller provides electronic services consisting in particular in enabling the User to register an account in the Online Store, ordering the Newsletter, and also provides the user with the contact form and the form for placing the Product order.
- To ensure the security of the transmission of messages and data, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the Service provided, in particular measures to prevent the unauthorized acquisition and modification of personal data sent on the Internet.
- To use the Online Store, the User should have:
- computer or other multimedia devices with access to the Internet;
- an operating system enabling the launch of the web browser;
- an internet browser, but for the proper functioning of the Online Store the browser should accept cookies;
- Users who register an account in the Online Store or place an order should additionally have an email address and a phone number.
- Users ordering the Newsletter should additionally have:
- in the case of a Newsletter received via e-mail, the e-mail address,
- Products presented in the Online Store, unless expressly stated otherwise in the Product Card, are new and free from physical and legal defects.
- Prices specified in the Online Store are expressed in Euro and include a tax on goods and services (VAT), customs and other components.
- The appearance, properties and price of the Product are specified in the Product Card.
- The Product Price, unless otherwise specified in the Product Card, does not include the cost of delivery incurred by the Customer. The basket notifies the customer of the total cost of the shipment concerning his order.
- Account registration in the Online Store is voluntary and free. The service is provided for an indefinite period. The user can place an order without registering an account.
- To register an account, complete the registration form. During registration, as well as after it, the User may save separate data on his account for delivery.
- Registration of an account in the Online Store requires that you read and accept the Regulations and the Privacy Policy by checking the appropriate box on the registration form.
- The data provided during account registration in the Online Store are processed to create an individual user account, which allows you to save data on the account for use to complete the order form in the future, as well as access to order history. The legal basis for data processing is the service contract. Providing the data is voluntary, however, providing the data specified in the registration form as required is necessary for creating the account and concluding the service contract (without providing this data, you will not be able to register the account). The data will be processed for the duration of the service and later may be stored for the period of limitation of the claims due to the Seller and concerning him.
- The user who has registered the account can log in to it by entering the set login and password in the login tab.
- It is recommended that the User keep the password confidential, in a manner that prevents unauthorized reading of it, as well as its regular change.
- After logging in to the account, the User may change the data saved in the account.
- The user may at any time delete his account free of charge (termination of the contract with immediate effect). The request to delete the account should be sent to the Seller in writing or via e-mail to the Customer Service Office.
- Orders are accepted and carried out by the Customer Service Office.
- The User may order the Product without registration and without logging in to the User. The order can also be placed by phone or via e-mail.
- The ordering process begins with determining the quantity of the ordered Product and clicking the “Add to Cart” button in the Product Card. The Customer may then add another Product to the Basket, change the quantity of the Product, or remove it. The basket notifies the customer about the content and total value of the order, along with the cost of shipping. After adding the Product, go to the Cart and finalize the order, taking further technical steps, based on the messages displayed to the Customer.
- To place an order, the Customer provides the data specified in the order form. The customer may specify separate data for delivery purposes.
- Placing an order requires that you read and accept the Regulations and the Privacy Policy by checking the appropriate box on the order form.
- The data provided when placing the Product order is processed to conclude and perform the sales contract, in particular, to enable the Customer to make the payment and deliver the order, as well as to issue the invoice or invoice by the Seller. The legal basis for data processing is to take action at the request of the Customer before concluding the Product sales contract, its subsequent performance and fulfilment of the legal obligations incumbent on the Seller. Providing the data is voluntary, however, providing the data specified in the order form as required is necessary for placing the order and the subsequent conclusion of the contract (without providing this data it will not be possible to place the order). The data will be processed for the time necessary to conclude and perform the contract,
- When placing an order, the Customer may order a specific type of Newsletter by checking the appropriate box on the order form.
- The conclusion of the contract of sale of the Product covered by the order takes place when the Seller confirms the acceptance of the order for implementation.
- The customer will receive a notification to the provided email address or phone number about the change in the status of the order.
- As part of the contract, the Seller may send an invitation to complete the after-sales survey to the Customer’s e-mail address. The survey examines the opinions about the transaction. The customer may voluntarily complete the survey, but this is not required.
- The Customer may cancel the order, amend or correct incorrect data in the order until the Product covered by the order is sent.
- To cancel the order, change or correct incorrect data in the order, please contact Customer Service.
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- Orders are carried out from Monday to Friday, excluding public holidays. The term of the contract is the release of the Product covered by the order to the entity providing postal or courier services.
- The duration of the contract, unless otherwise specified in the Product Card, is up to 7 business days and runs from the time of conclusion of the contract of sale of the Product covered by the order, and in the event of the Customer choosing one of the payment methods in advance – from the moment of payment of the order.
- In the event of a delay in the performance of the order, the Seller will notify the Customer, providing the expected date of completion, together with an indication of the reason for the delay.
- Orders are delivered from Monday to Friday, excluding public holidays. The approximate delivery time for shipments is up to 7 business days from the time of delivery of the Product covered by the order to the entity providing postal or courier services.
- In the event of a delay in delivery, please contact Customer Service. The seller will determine the reason for the delay and will also inform the customer about the expected date of delivery.
- In the event of a delay in the performance of the contract or its delivery, the Customer may withdraw from the contract.
The seller provides the following payment methods:
- Bank transfer – the order is processed after the payment is credited to the Seller’s bank account: Transfer details: Bank name: (do uzupełnienia) Data for foreign transfer: IBAN: . Swift: INGBPLPW Name of transfer recipient: ….Transfer title: order number / name and surname
- PayU fast internet payments – the order is processed after receiving confirmation of payment from the payment operator, the entity providing payment services is PayU SA with its registered office in Poznań;
- PayPal
The customer cannot combine different forms of payment in one order.
The seller provides the following delivery methods:
- Courier
- Post priority
- Email (Information Products)
The customer can check in the presence of the person delivering the package its contents for damage caused during transport. If the customer finds such damage, he may request a complaint report or refuse delivery.
- A consumer who has entered into a distance or off-premises contract with the Seller may withdraw from it within 14 days without giving a reason and without incurring costs. We do not accept returns for products whose boxes have been opened.
- The deadline to withdraw from the contract begins:
- for a contract under which the Seller issues an item, being obliged to transfer its ownership – from taking possession of the item by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract which:
- covers many items that are delivered separately, in batches or parts – from taking possession of the last item, batch or part,
- consists of regular delivery of goods for a limited time – from taking possession of the first of the things;
- for other contracts – from the date of the contract.
- for a contract under which the Seller issues an item, being obliged to transfer its ownership – from taking possession of the item by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract which:
- To meet the deadline, it is enough to send a statement before its expiry.
- The consumer may withdraw from the contract by submitting to the Seller a statement of withdrawal from the contract. The declaration may be submitted on the form, a specimen of which is attached as Annex 1 to the Regulations.
- The seller also provides the option of submitting a declaration of withdrawal from the contract electronically. In such a case, the Consumer may also withdraw from the contract using the model withdrawal form attached as Annex 1 to the Regulations, by sending it via e-mail to the Customer Service Office.
- In the event of withdrawal from the contract, the contract is considered void. If the Consumer submitted a statement of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
- The Seller immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract together with the goods, returns to the Consumer all payments made by him, including the costs of delivery.
- The seller reimburses the payment using the same method of payment as used by the consumer unless the consumer expressly agrees to a different method of reimbursement that does not involve any costs for him.
- If the Seller has not offered to collect the item himself from the Consumer, 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.
- If the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The consumer is obliged to return the item to the Seller or transfer it to a person authorized by the Seller to receive immediately, but not later than 14 days from the day on which he withdrew from the contract unless the Seller has offered to pick up the item himself. To meet the deadline, it is enough to return the items before its expiry.
- The consumer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item unless the Seller has not informed the Consumer about the right to withdraw from the contract following the requirements regarding the manner and time limit for exercising the right to withdraw from the contract, as well as the model withdrawal form.
- When the Consumer withdraws from a distance contract, the additional contracts related to it concluded by the Consumer terminate, if on the basis thereof the performance is fulfilled by the Seller or a third party based on an agreement with the Seller. The consumer does not bear the costs associated with the expiry of these contracts. If the additional contract was concluded with a third party, the Seller informs that person about the withdrawal by the Consumer from the contract.
- The right to withdraw from a contract concluded remotely is not entitled to the Consumer in respect of contracts:
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement 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 price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
- 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 subject to rapid deterioration or having a short shelf-life;
- 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 are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
- The data will be processed to exercise the consumer’s right, in particular, to accept the return of the Product, issue relevant accounting documents and make the payment refund to the Consumer. The legal basis for data processing is the fulfilment of the legal obligations incumbent on the Seller. Providing the data specified as required in the withdrawal form is necessary to exercise this right. The data will be processed for the time necessary to fulfil the legal obligations incumbent on the Seller, and then maybe stored for the period of limitation of the claims due to the Seller and in relation to him.
- Complaints about the Service provided should be directed to the Seller in writing or via e-mail to the Customer Service Office.
- In the complaint, the User should provide his name and surname (name), correspondence address and specify the subject of the complaint.
- The seller within 14 days of receiving the complaint will respond to its content.
- The data will be processed to consider the complaint. The legal basis for data processing is the fulfilment of the legal obligations incumbent on the Seller. Providing data is voluntary, however, providing data specified for the complaint as required is necessary for its submission (without providing this data it will not be possible to file a complaint). The data will be processed for the time necessary to consider the complaint, and later may be stored for the period of limitation of the claims due to the Seller and in relation to him.
- The seller is liable to the customer if the item sold has a physical or legal defect (warranty).
- A physical defect consists of the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
a)does not have properties that this kind of thing should have due to the purpose of the contract marked or resulting from circumstances or destination;
b) it is not suitable for which the Customer informed the Seller after the contract, and the Seller did not raise any objections to its intended use;
c) has been released to the Customer in an incomplete state.
3. The item sold has a physical defect also in the event of incorrect installation and commissioning if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Customer who followed the instructions received from the Seller.
4. If the Customer is a Consumer and a physical defect was found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time when the danger passed on to the Customer.
5. The Seller is liable to the Customer if the item sold is the property of a third party or if it is encumbered with the right of a third party, and if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority; if the right is sold, the seller is also responsible for the existence of the right (legal defect).
6. If the item sold has a defect, the Customer may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a non-defective one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller failed to meet the obligation to replace the item with a non-defective one or remove the defect.
7. If the Customer is a Consumer, instead of removing the defect proposed by the Seller, request that the item be replaced with a non-defective one or instead of replacing the item, demand that the defect be removed, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
8. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the item with the defect remains to the value of the item without the defect.
9. The customer may not withdraw from the contract if the defect is insignificant.
10. If the item sold has a defect, the Customer may request a replacement of the item for a non-defective one or removal of the defect. The seller is obliged to replace the defective item for a non-defective one or remove the defect within a reasonable time without undue inconvenience to the customer.
11. The Seller may refuse to satisfy the Customer’s request if bringing the defective item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the second possible way of compliance with the contract. If the Customer is an entrepreneur, the Seller may refuse to exchange the item for one free of defects or to remove the defect also when the costs of redressing this obligation exceed the price of the item sold.
12. The seller is liable under the warranty if a physical defect is found within two years. The claim for removing the defect or replacing the item sold for one free of defects expires after one year from the date of finding the defect. If the Customer is a Consumer, the limitation period may not end before the expiry of the period specified above.
13. Within the deadlines specified above, the Customer may submit a statement of withdrawal from the contract or price reduction due to the defect of the item sold. If the Customer demanded a replacement of the item for a non-defective one or removal of the defect, the deadline for submitting a statement of withdrawal from the contract or reduction of the price begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
14. The expiry of the deadline for finding a defect does not exclude the exercise of warranty rights if the seller has fraudulently concealed the defect.
15. If the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Customer, the Seller is liable under the warranty for physical defects of this item found before that date.
16. All complaints should be directed to the Seller in writing or via e-mail to the Customer Service Office.
17. In the complaint, the User should provide his name and surname (name), correspondence address and specify the subject of the complaint.
18. The Seller will respond to the complaint submitted by the Customer within 14 days from the day of a request containing the complaint.
19. The data will be processed to consider the complaint. The legal basis for data processing is the fulfilment of the legal obligations incumbent on the Seller. Providing data is voluntary, however, providing data specified for the complaint as required is necessary for its submission (without providing this data it will not be possible to file a complaint). The data will be processed for the time necessary to consider the complaint, and later may be stored for the period of limitation of the claims due to the Seller and in relation to him.
1.The User may subscribe to the Online Store Newsletter, which he will receive periodically to the indicated e-mail address. The service is provided for an indefinite period.
2. To subscribe to the Newsletter received by e-mail, please enter the data indicated in this form on the Online Store main page, and click the “Subscribe” button in the “Subscribe to Newsletter” tab.
3. The data is processed in providing the User with the Newsletter. The legal basis for data processing is the service contract. Providing the data is voluntary, however, providing the data specified in the Newsletter order form as required is necessary for ordering the service and concluding the contract for its provision (without providing this data it will not be possible to order the Newsletter). The data will be processed for the duration of the service and later may be stored for the period of limitation of the claims due to the Seller and in relation to him.
- The Seller maintains profiles on social networking websites, intended for publishing information about the Seller, the Product or Service offered by him, or promotional campaigns conducted by him. Some websites also allow the recipient or viewer to publish content or conduct other activities. Information about the profiles run by the Seller is available on the main page of the Online Store.
- To become a recipient or observer of the Seller’s profile, publish your content, or conduct other forms of activity provided by the appropriate website, you must have an account on this website and perform technical activities by the principles of the website. The service is provided free of charge for an indefinite period. The recipient or observer may resign from the Service at any time (termination of the contract with immediate effect). The resignation from the service should be made based on technical activities by the rules of functioning of this website.
- The recipient or the observer of the Seller’s profile is obliged to refrain from activities that are not following generally applicable law, in particular from providing unlawful content.
- Providing data is voluntary, however, providing data, to the extent required by the appropriate social network, is necessary for using the Service (without providing this data it will not be possible to use the service). The data will be processed for the time in which the recipient or observer uses the Service, while the content or other forms of activity that will be posted by the recipient or observer on the Seller’s profile will be published until his profile is deleted or the content or activity is removed.
- The data administrator is Seller.
- To the extent permitted by generally applicable law, the recipient of the data may be an entity providing services related to its activities to the Seller, e.g. an entity providing ICT services, an online store platform operator, a storehouse preparing an order for implementation, a payment system operator supporting the form chosen by the Customer payments, an entity providing postal or courier services, an operator of an after-sales survey, which the Customer decides to complete, an entity providing office, accounting, marketing or legal services.
- If the basis for data processing is consent, the data subject has the right to withdraw consent to the processing of personal data at any time, without affecting the lawfulness of the processing that was carried out based on consent before its withdrawal.
- In situations provided for by law, the data subject has the right to request from the Seller access to personal data concerning him, rectification, deletion or limitation of processing, as well as the right to transfer data and the right to complain about the supervisory authority.
- Data processing requests should be directed to the Seller in writing or via e-mail to the Customer Service Office.
- Information about the purpose, legal basis, the requirement to provide and the time of data processing are specified in the sections regarding the processing of specific categories of data.
- The consumer may use extrajudicial means of dealing with complaints and redress.
- The consumer may apply to the appropriate voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller following art. 36 of the Act of December 15, 2000. on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended).
- The consumer may also apply for settlement of the dispute arising from the concluded sales contract by a permanent consumer arbitration court at the voivodeship inspector of the Trade Inspection, referred to in art. 37 of the Trade Inspection Act.
- Detailed information on out-of-court complaint consideration and redress are also available at the headquarters and on the websites of county (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection and Voivodship Inspectorates of the Trade Inspection.
- All provisions of the Regulations should be read and interpreted to the extent permitted by generally applicable law. In particular, the provisions of the Regulations do not affect the rights granted to the Consumer.
- In matters not covered in the Regulations, the relevant provisions of generally applicable law shall apply, in particular, the Act of 23 April 1964. Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended), the Act of 30 May 2014. on consumer rights (Journal of Laws of 2014, item 827, as amended), and the Act of 18 July 2002. on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
- The Seller may amend the Regulations for the following reasons:
- the need to adapt the Regulations to generally applicable laws, court or public administration ruling;
- the need to remove errors or typographical errors in the Regulations;
- change of contact details, e-mail addresses, names or identification numbers used in the Regulations;
- changing the functionality of the Online Store;
- changing the scope or conditions of providing Services, including Services provided electronically;
- changing the technical conditions of using the Online Store or the Services provided.
- Any changes to the Regulations, after meeting the other conditions provided for by law, enter into force after 14 days from the date of their publication in the Online Store. At the same time, with at least 14 days notice, the Seller shall notify the User who has a registered account or subscribing to the Newsletter about a change in the Regulations.
- The User who does not agree with the changes may at any time resign from the Service free of charge (also after the changes come into force), in particular, delete the account in the Online Store or unsubscribe from the Newsletter (termination of the contract with immediate effect).
- Amendments to the Regulations do not apply to the order of a Product submitted in the version applicable before the entry into force of these changes. Such an order will be carried out under the terms of the Regulations in the version applicable at the time of ordering.
- The Regulations have been in force since May 25, 2018.