Términos del servicio

TERMS AND CONDITIONS FOR THE

EVAMATS.STORE ONLINE SHOP

 

§ 1

GENERAL PROVISIONS

  1. These Terms and Conditions shall govern all use of the evamats.store online Shop by all Users.

  2. The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Sales Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the evamats.store online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.

  3. By using the Electronic Services available through the Shop located at evamats.store, the User agrees to be legally bound and to abide by these Terms and Conditions.

       4. To all matters not settled herein the following provisions of Polish law shall apply:

            4.1 Act on Rendering Electronic Services of 18 July, 2002,
            4.2 Consumer Rights Act of 30 May 2014,
            4.3 Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016,
            4.4 Provisions of the Civil Code Act of 23 April, 1964
            4.5 and all other applicable provisions of Polish law.

 

§ 2

DEFINITIONS FOR THESE TERMS AND CONDITIONS

  1. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.

  2. SHOP − shall mean the Service Provider’s online Shop located at evamats.store.

  3. ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop.

  4. CONTACT FORM – shall refer to the electronic form available on the website evamats.store that allows you to send a message to the Service Provider.

  5. QUOTE FORM – a form available on the website www.evamats.store enabling you to receive an individual quote from the Service Provider.

  6. ORDER FORM – shall refer to the electronic form available at evamats.store, required for Order placement.

  7. OPINION SYSTEM - Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions on the Products.

  8. NEWSLETTER - shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop

  9. SELLER, SERVICE PROVIDER – EVAMATS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number: 0000960954, place of business and address for service: ul.  Kostki Napierskiego 7, 81-469 Gdynia, NIP: 5862378667, REGON: 521519084, e-mail address: evamatsinfo@gmail.com telephone number: +48 578 222 072.

  10. USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.

  11. CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.

  12. CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.

  13. ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.

  14. PRODUCT – shall refer to any movables or services available at evamats.store and covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.

  15. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.

  16. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.

  17. PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3

PRODUCT AND ORDER INFORMATION

  1. The Shop located at evamats.store sells Products via the Internet.

  2. Products offered through the Shop are new, in accordance with the contract and have been legally introduced onto the Polish market. 

  3. The information provided at evamats.store does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.

  4. The Product Prices at evamats.store are given in Polish zlotys (PLN) and include taxes and duties. The prices do not include delivery fees.

  5. The Product Prices at evamats.store only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.

  6. The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in Product Prices. Next to the information about the discount of the Product, the Seller shows the lowest Price of this Product, which was in force in the period of 30 days before the introduction of the reduction, and if the Product is offered for sale in a period shorter than 30 days - the Seller shows the lowest Price of the Product, which was in force in the period from the date of offering this Product for sale until the date of introduction of the discount.

  7. Orders can be placed through the:

           7.1 website 24 hours a day, 365 days a year by completing an Order Form at www.evamats.store
           7.2 via e-mail: evamatsinfo@gmail.com
           7.3 via Quote Form,
           7.4 by phone or via SMS,
           7.5 via social networking sites Facebook, Messenger, Instagram, TikTok, WhatsApp.

8. Customers are required to read and accept these Terms and Conditions during Order placement.
9. Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.

§ 4

CONCLUDING SALES AGREEMENTS

  1. In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 7 and 8 of the Terms and Conditions, by choosing one of the methods made available by the Seller.

  2. After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.

  3. Subject to point 4 of this paragraph, confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order is made by phone, by sending an e-mail, text message, via social networking sites Facebook, Instagram, TikTok, WhatsApp.  

  4. If an Order is placed using one of the methods referred to in § 3 point 7.2 or 7.3, the Sales Agreement is concluded when the Customer accepts the offer sent by the Seller at the Customer's inquiry.

  1. The Order confirmation email shall include the following elements:

           5.1 confirmation of all relevant Order details,
           5.2 withdrawal from the agreement,
           5.3 these Terms and Conditions containing information on the right of withdrawal.

6. After receiving the confirmation email, as set forth under point 5 of this paragraph, the Sales Agreement between the Customer and the Seller is finally concluded.

7. Proof of Purchase

            7.1 Each Sales Agreement shall be confirmed by a proof of purchase, which shall be attached to the Product and/or sent by email to the Customer's email address provided in the Order Form.

            7.2 The Customer agrees to receive the proof of purchase in the form of an electronic receipt through the website www.eparagony.pl.

8. The Seller shall proceed with the fulfillment of the Order only upon the Customer's provision of: all necessary information concerning his car and the ordered Product (contained in the configurator available on the Store's website), as well as sending to the Seller photos of the car floor for which the Product is ordered and payment by the Customer of the advance payment or the full Price for the Product, as the case may be.

9. The Customer shall be obliged to fulfill the obligations referred to in point 8 of this paragraph within 5 working days from the date of conclusion of the Sales Agreement, otherwise the Seller shall be entitled to withdraw from the Sales Agreement in accordance with § 8 point 5 of the Terms and Conditions.

10. The Seller shall only proceed with cutting the material for the Product after receiving the advance payment or the Price of the Product.

§ 5

METHODS OF PAYMENT

  1. The following payment options are made available to the Customer:

            1.1 traditional bank transfer to the Seller’s bank account,
            1.2 electronic payment via electronic payment systems (Stripe, BLIK, Przelewy24, PayPal, Klarna) or by payment card via the website,

       2. Traditional bank transfers should be made into the following bank account: PL17 2490 0005 0000 4600 6744 5675 (Bank Alior Bank S.A.) EVAMATS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul.  Kostki Napierskiego 7, 81-469 Gdynia, NIP: 5862378667. In the transfer title, please enter the order number, email address, make and model of the car.

       3. All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish or foreign banks. 

       4. In the case of a cash on delivery payment the Product shall be dispatched after address is verified.

       5. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 5 working days from the date of its conclusion unless indicated otherwise in the Sales Agreement.

       6. In the case of payment set forth under point 1.1. or 1.2. of this section the Product shall be dispatched only after payment is received.

§ 6

DELIVERY COST, TIME AND METHOD

  1. Product delivery costs, covered by the Customer, are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.

  2. The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:

           2.1 The time for completing the Products is 21 business days from the moment the Customer provides all necessary information, the due date of which is notified by the Seller, and from the moment:

                a) posting the funds paid under the Sales Agreement on the Seller's account or

                b) positive authorization of the transaction by the electronic payment system or

                c) acceptance of the Order for execution by the Seller in the case of selecting payment on delivery.

           2.2 Delivery of Products constituting movable items by the carrier takes place within:

                a) in the case of the Express variant, up to 14 business days,

                b) in the case of the Premium variant, up to 7 business days,

                c) in the case of the Standard variant, from 4 to 6 weeks

from the moment the shipment is sent (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).

  1. Products purchased in the Shop are shipped via DHL, InPost parcel lockers or a courier company, DPD, UPS, Fedex

§ 7

COMPLAINTS PROCEDURE

1. Manufacturer’s Warranty.

    1.1 All Products sold through the Shop are covered under the manufacturer’s warranty (manufacturer/seller) which is applicable in the territory of the Republic of Poland,
    1.2 The warranty period for the Products sold through the Shop is up to 12 months and is counted from the date of delivery of the Product to the Customer,
    1.3 The document entitling to warranty protection is the warranty card or proof of purchase,
    1.4 guarantor's data, detailed information about the goods covered by the warranty, data regarding the duration and conditions of the warranty, as well as the Customer's rights under the warranty - included in the warranty card attached to the Product or available on the Shop's website,
    1.5 The warranty does not exclude the rights of the Consumer and the entities referred to in § 10 of the Terms and Conditions, resulting from the warranty for physical and legal defects of the Product, specified in the Civil Code.

2. Statutory warranty process.

     2.1 The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for the non-compliance of the Product with the contract are specified in the Act on Consumer Rights of May 30, 2014,

     2.2 The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur, referred to in § 9 under the warranty, are specified in the Civil Code of April 23, 1964,

     2.3 The Seller is liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting in his name is longer,

     2.4 Notice of non-compliance of the Product with the contract and all demands should be submitted via email to the following address: reklamacja.evamats@gmail.com or in writing to the following address: ul. Kostki Napierskiego 7, 81-469 Gdynia

    2.5 The notice, submitted electronically, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.

    2.6 For the assessment of irregularities and non-compliance of the Product with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense.

    2,7 A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt.

    2.8 In the case of complaints submitted by consumer Customers or the entity referred to in § 10 of the Terms and Conditions - the Seller’s failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. 

    2.9 The Customer or the entity referred to in § 10 of the Terms and Conditions may first demand that the Product be replaced or repaired by the Seller. The Customer may demand a price reduction and withdrawal from the contract only in the cases specified in the Act on Consumer Rights of 30 May 2014 (e.g. when the non-conformity of the goods with the contract is significant, when the Seller refused to bring the goods into compliance with the contract or if the lack of conformity of the goods with the contract persists despite the fact that the seller has tried to bring the goods into conformity with the contract).

    2.10 in connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller, respectively:

           a) covers the costs of replacing or repair and re-delivering the Product to the Consumer,

           b) reduces the price of the Product (the reduced price must remain in the proportion of the price of the goods in accordance with the contract to the goods not in accordance with the contract) and returns the value of the reduced price to the Consumer or the entity referred to in § 10 no later than within 14 days of receiving the authorized statement of this Consumer or the entity referred to in § 10 to reduce the price,

          c) in the case of authorized withdrawal from the contract by the Consumer or the entity referred to in § 10 - returns the price of the Product to them no later than 14 days from the date of receipt of the returned goods or proof of its return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller's expense.

      2.11 The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.

§ 8

RIGHT TO WITHDRAW

  1. Subject to paragraph 4 of this section, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions who has entered into a distance contract may withdraw from it without giving any reason by submitting a relevant statement within 14 days.

  2. In the event of withdrawal from the contract, the Sales Agreement shall be deemed not to have been concluded.

3. The fourteen-day period within which a Consumer or an entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall run from:

      3.1 for a contract for which the Seller delivers the Product being obliged to transfer ownership thereof - from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party other than the carrier indicated by them) takes possession of the Product,
       3.2  for a contract which includes several Products which are delivered separately, in batches or in parts - from taking possession of the last Product, its batch or part,

       3.3 for a contract for the regular supply of Products over a specified period of time - from taking possession of the first of the Products,

        3.4 for other contracts - from the date of conclusion of the contract.

 

4. The right of withdrawal from a distance contract shall not be available to a Consumer or an entity referred to in § 10 of the Terms and Conditions, inter alia, in the case of a Sales Agreement:
         4.1 in which the subject matter of the performance is a non-prefabricated good, manufactured according to the Consumer's specifications or serving to meet his individualized needs,

         4.2 in which the subject matter of the performance is a good delivered in a sealed package which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery,

         4.3 in which the subject matter of the performance is goods which, after delivery, by their nature, become inseparably connected with other goods,

         4.4 for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has performed the service in full with the express and prior consent of the Consumer, who was informed before the commencement of the performance that he will lose the right of withdrawal from the contract after the entrepreneur has fulfilled the performance and has accepted this to his knowledge,

5. The right of withdrawal from the Sales Agreement shall be available to both the Seller and the Customer in the event of the other party's failure to fulfill its obligation within a strictly specified time.

§ 9

TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)

  1. This paragraph contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights, referred to in § 10 of the Terms and Conditions.

  2. The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.

  3. The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.

  4. The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Product shall pass to the business Customer when the Product is picked up from the Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.

  5. Business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.

  6. The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.

§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

  1. An Entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.

       2. A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:
            2.1 prohibited contractual provisions - the so-called abusive clauses,
            2.2 liability for non-compliance of the Product with the contract,
            2.3 the right to withdraw from a distance contract,
            2.4 rules for a contract for the supply of digital content or a digital service.

       3. The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.

      4. Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider grants access to the following Electronic Services:

     1.1 concluding Product Sales Agreements, 
     1.2 Quote Form,
     1.2 Opinion System,
     1.3 Newsletter,
     1.4 sending a message via the Contact Form.

2. These Terms and Conditions shall apply to all Electronic Services provided through evamats.store 

3. The Service Provider reserves the right to display advertising content at evamats.store Advertisements are an integral part of the online Shop front and the materials presented therein.

§ 12

CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

  1. The Electronic Services set forth under § 11 point 1 of these Terms and Conditions are free of charge. 

      2.  Term of the agreement:

           2.1 Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order. 
           2.2 Electronic Services Agreements enabling the sending of a message to the Service Provider via the Quote Form is concluded for a fixed period of time and is terminated when the message is sent or the User stops sending it.
           2.3 Electronic Services consisting in the use of the Opinion System is concluded for a definite period of time and is terminated when the opinion is posted or the User ceases to use this Service.
           2.4 Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
           2.5 Electronic Services Agreements enabling the the Contact Form is concluded for a definite period of time and is terminated when the User ceases to use this Service.

 

       3. End-user hardware, network and software requirements for the ICT system used by the Service Provider:
           3.1 a computer (or a mobile device) with an active Internet connection,
           3.2 access to email account,
           3.3 Internet browser,
           3.4 enabling cookies and Javascript in the Internet browser.

       4. The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.

       5. The User is obliged to provide accurate and complete information to the Service Provider. The User is prohibited from providing any unlawful or illegal content.

§ 13

COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

  1. Complaints about Electronic Services provided via evamats.store should be submitted via email to reklamacja.evamats@gmail.com

  2. All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.

  3. All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.

  4. A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

§ 14

CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

 1. Terminating an Electronic Services Agreement:

     1.1 Continuing and indefinite-term Electronic Services Agreements (e.g. Newsletter) may be terminated. 
     1.2 The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: reklamacja.evamats@gmail.com
      1.3 The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
     1.4 The notice of termination leads to a cessation of legal relations with the effect for the future.

 

  2. Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

§ 15

INTELLECTUAL PROPERTY

  1. The compilation of all content at evamats.store (with the stipulation of § 15 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of EVAMATS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number: 0000960954, place of business and address for service: ul.  Kostki Napierskiego 7, 81-469 Gdynia, NIP: 5862378667, REGON: 521519084. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at evamats.store without the consent of the Service Provider.

  2. Any use or reproduction of the content of the website located at evamats.store or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.

  3. All trade names, Product names, company names and their logos used on the Shop's website at evamats.store belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Shop's website at evamats.store are used for informational purposes.

§ 16

FINAL PROVISIONS

  1. Agreements concluded through the Shop are construed in accordance with the laws of Poland.

  2. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.

  3. Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 5 of this paragraph.

  4. Judicial dispute settlement procedures:

            4.1 Any disputes arising between the Service Provider and the consumer User (Customer) or the entity referred to in § 10 of the Terms and Conditions, shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).

            4.2 Any disputes arising between the Service Provider and the non-consumer User (Customer), referred to in § 9 of the Terms of Conditions, shall be settled by the court having jurisdiction over the Service Provider’s registered office.

        5. Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.

        6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/