Terms and conditions of Evosklep

Defining, among others rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

Provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order execution
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix 1: Template withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, except for public holidays.
Consumer  – a consumer within the meaning of the provisions of the Civil Code.
Account  – a free function of the Store regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his individual account in the Store.
Buyer  – each entity purchasing in the Store.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur  – a natural person concluding a contract with the Seller directly related to its business activity, but not of a professional nature for it (the definition applies to contracts concluded from January 1, 2021).
Regulations – these regulations.
Shop – the Evosklep online store run by the Seller at https://sklep.evolive.pl.
Seller – EVOLIVE TECHNOLOGIES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. march. Józefa Piłsudskiego 74/320, 50-020 Wrocław, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR WROCŁAW FABRYCZNA IN WROCŁAW, VI COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0000959696, NIP number 8971903418, REGO number N 52147230700000, share capital 50000,00 PLN

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. march. Józefa Piłsudskiego 74/320, 50-020 Wrocław
2. E-mail address: biuro@evolive.pl
3. Address for returning goods (in case of withdrawal from the contract): Spółdzielcza 4, 46-380 Dobrodzień
4. Address for sending the advertised goods: Spółdzielcza 4, 46-380 Dobrodzień

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need:
   • Internet-enabled device
   • a web browser that supports JavaScript and cookies.
2. For placing an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

§ 4 SHOP PURCHASES

1. The prices of goods visible in the Store are the total prices for the goods.
2. The Seller points out that the total price of the order includes the price for the goods indicated in the Store and, if applicable, the costs of delivery of the goods.
3. The product selected for purchase should be added to the cart in the Store.
4. Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
5. The order is placed at the moment of confirmation of its content and acceptance of the Regulations by the Buyer.
6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
7. The Seller shall provide the Preferred Buyer with confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery of the goods.
8. The Buyer may register in the Store, i.e. set up an Account in it, or make purchases without registration by providing their data with each possible order.

§ 5 PAYMENTS

1. You can pay for your order, depending on the Buyer’s choice:
   
   1. by ordinary transfer to the Seller’s bank account;
   2. cash on delivery, i.e. by card or cash at the time of delivery of the goods to the Buyer;
2. If you choose to pay via the Payments Shoper payment platform, Blue Media S.A. is the entity providing online payment services.
3. If the Buyer chooses payment in advance, the order must be paid within 3 Business Days of placing the order.
4. The seller informs that in the case of some payment methods, due to their specificity, payment for the order with this method is possible only immediately after placing the order.
5. When making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 ORDER EXECUTION

1. The seller is obliged to deliver the goods without defects.
2. The order completion date is indicated in the Store.
3. If the Buyer has chosen to pay for the order in advance, the Seller will proceed with the order after the payment has been made.
4. In a situation where, under one order, the Buyer purchased goods with different delivery dates, the order will be completed within the time limit appropriate for the goods with the longest delivery date.
5. Countries where the delivery is made:
   • Poland
   • EU
6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
   
   1. By a courier company
   2. Via Poczta Polska
   3. Via ORLEN Paczki
   4. For InPost parcel lockers

§ 7 RIGHT OF WITHDRAWAL

1. The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline to withdraw from the contract expires after 14 days from the day:
   
   1. in which the Preferred Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Preferred Buyer came into possession of the goods;
   2. in which the Preferred Buyer came into possession of the last item or in which a third party, other than the carrier and indicated by the Preferred Buyer, came into possession of the last item in the case of a contract obliging to transfer ownership of many items that are delivered separately.< /li>
3. In order for the privileged Buyer to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
4. A privileged buyer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
5. In order to meet the withdrawal deadline, it is enough for the Preferred Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawing from the contract.EFFECTS OF WITHDRAWAL FROM THE CONTRACT
6. In the event of withdrawal from the concluded contract, the Seller returns to the preferred Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the decision of the Preferred Buyer to exercise the right to withdraw from the contract.
7. The Seller will refund the payment using the same payment methods that were used by the Preferred Buyer in the original transaction, unless the Preferred Buyer agrees to a different solution, in each case the Preferred Buyer will not incur any fees in connection with this return.< /li>
8. The seller may withhold the return of payment until receipt of the goods or until proof of its return is provided to him, depending on which event occurs first.
9. The Seller asks you to return the goods to the address: Spółdzielcza 4, 46-380 Dobrodzień immediately, and in any case not later than 14 days from the date on which the Preferred Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the preferred buyer sends back the goods before the expiry of the 14-day period.
10. Preferred Buyer bears the direct costs of returning the goods.
11. The preferred buyer is only liable for a decrease in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be returned by ordinary mail, the Preferred Buyer will also have to bear the direct cost of returning the goods. The Preferred Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
13. If it is necessary to return funds for a transaction made by the Preferred Buyer with a payment card, the Seller will refund the funds to the bank account assigned to this payment card.

§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL

1. The right to withdraw from a distance contract, referred to in § 7 of the Regulations, does not apply to the contract:
   
   1. in which the subject of the service is a non-prefabricated item, manufactured according to the specification of the Preferred Buyer or serving to satisfy his individual needs;
   2. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
   3. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
   4. in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
   5. 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;
   6. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
   7. 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 for withdrawal from the contract.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the consumer has the option of complaining about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that the guarantee has been granted.
2. Using the warranty, the Consumer may, on the terms set out in the Civil Code:
   
   1. submit a price reduction statement,
   2. in the case of a significant defect – submit a declaration of withdrawal from the contract,
   3. request the exchange of items free of defects,
   4. request removal of the defect.
3. The Seller asks you to submit complaints under the warranty to the postal or electronic address indicated in § 2 of the Regulations.
4. If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver the goods at the Seller’s expense, to the address Spółdzielcza 4, 46-380 Dobrodzień.
5. If an additional warranty has been granted for the goods, information about it, as well as its terms, is available in the product description in the Store.
6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
7. The complaint will be considered by the Seller within 14 days.OUT-of-court methods of dealing with complaints and pursuing claims
8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use e.g. With:
   
   1. mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. with the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assistance of the municipal or poviat Consumer Ombudsman;
   4. online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection – “RODO“.
2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is:
   • a contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) of the GDPR),
   • the Seller’s legal obligation related to accounting (Article 6(1)(c) and
   • the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend any claims (Article 6(1)(f) of the GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
   
   1. the contract concluded between the Buyer and the Seller will cease to apply;
   2. the Seller will no longer be subject to the legal obligation obliging him to process the Buyer’s data;
   3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
   4. the Buyer’s objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Seller

   – depending on what is applicable in a given case and what is the latest.

5. The buyer has the right to demand:
   
   1. access to your personal data,
   2. rectifications,
   3. removal,
   4. processing restrictions,
   5. transfer of data to another administrator
      and also the law:
   6. to object at any time to the processing of data for reasons related to the special situation of the Buyer – to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on legitimate interests pursued by the administrator).
6. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
7. If the Buyer decides that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

1. It is forbidden for the Buyer to provide illegal content.
2. Each time an order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded for the time and in order to fulfill the order.
3. Agreements concluded on the basis of the Regulations are concluded in Polish.
4. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.
5. Any liability of the Seller towards the Buyer who is not a privileged Buyer, within the limits permitted by law, is excluded.
6. Responsibility under the warranty towards the Privileged Entrepreneur is excluded.

Appendix 1 to the Regulations

Below is a model withdrawal form, which the Consumer or Privileged Entrepreneur may, but does not have to, use:

TEMPLATE OF WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

Account Terms

in the Evoshop store

Provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS

Consumer  – a consumer within the meaning of the provisions of the Civil Code.
Account  – a free function of the Store (service) regulated in the Regulations, thanks to which the Buyer can set up his individual account in the Store.
Buyer  – each entity purchasing in the Store.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur  – a natural person concluding a contract with the Seller directly related to its business activity, but not of a professional nature for it (the definition applies to contracts concluded from January 1, 2021).
Regulations – these Account regulations.
Shop – Evosklep online store run by the Seller at https://sklep.evolive.pl
Seller – EVOLIVE TECHNOLOGIES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. march. Józefa Piłsudskiego 74/320, 50-020 Wrocław, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR WROCŁAW FABRYCZNA IN WROCŁAW, VI COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0000959696, NIP number 8971903418, REGO number N 52147230700000, share capital 50000 PLN .00

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. march. Józefa Piłsudskiego 74/320, 50-020 Wrocław
2. E-mail address: biuro@evolive.pl

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and setting up of an Account, you need:
   • active email account
   • Internet-enabled device
   • a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends on the Buyer’s will.
2. The account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer’s data on their own.
3. In order to set up an Account, you must complete the appropriate form in the Store.
4. At the time of setting up the Account, an agreement is concluded between the Buyer and the Seller for an indefinite period of time regarding the maintenance of the Account on the terms set out in the Regulations.
5. The Buyer may resign from the Account at any time without incurring any costs.
6. In order to resign from the Account, you should send your resignation to the Seller to the e-mail address: biuro@evolive.pl, which will result in the immediate deletion of the Account and termination of the contract regarding the maintenance of the Account.

§ 5 COMPLAINTS

1. Complaints regarding the functioning of the Account should be sent to the e-mail address biuro@evolive.pl.
2. The complaint will be considered by the Seller within 14 days.OUT-of-court methods of dealing with complaints and pursuing claims
3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use e.g. With:
   
   1. mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. with the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assistance of the municipal or poviat Consumer Ombudsman;
   4. online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection – “RODO“.
2. The purpose of processing the Buyer’s data is to maintain the Account. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Buyer, aimed at its conclusion (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Seller, consisting in the processing of data in order to determine , pursuing or defending any claims (Article 6(1)(f) of the GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Seller will not be able to provide the Account management service.
4. The Buyer’s data will be processed until:
   
   1. The account will be deleted by the Buyer or the Seller at the request of the Buyer
   2. the possibility of pursuing claims by the Buyer or the Seller related to the Account will cease;
   3. the Buyer’s objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Seller

   – depending on what is applicable in a given case and what is the latest.

5. The buyer has the right to demand:
   
   1. access to your personal data,
   2. rectifications,
   3. removal,
   4. processing restrictions,
   5. transfer of data to another administrator
      and also the law:
   6. to object at any time to the processing of data for reasons related to the special situation of the Buyer – to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on legitimate interests pursued by the administrator).
6. In order to exercise their rights, the Buyer should contact the Seller.
7. If the Buyer decides that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.

§ 7 RESERVATIONS

1. It is forbidden for the Buyer to provide illegal content.
2. The Account Agreement is concluded in Polish.
3. In the event of important reasons referred to in par. 4, the Seller has the right to change the Regulations.
4. Important reasons referred to in sec. 3 are:
   
   1. the need to adapt the Store to the law applicable to the Store’s operations
   2. improving the security of the service provided
   3. change of Account functionality requiring modification of the Regulations.
5. The Buyer will be informed about the planned change to the Regulations at least 7 days before the change comes into force via an e-mail sent to the address assigned to the Account.
6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller’s e-mail address biuro@evolive.pl, which will result in the termination of the agreement regarding the maintenance of the Account upon the entry into force of the planned change changes or earlier, if the Buyer submits such a request.
7. If the Buyer does not object to the planned change until its entry into force, it is assumed that the Buyer accepts it, which does not constitute any obstacle to the termination of the contract in the future.
8. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.