Terms and conditions of use
1. DEFINITIONS.
1.1. Unless otherwise specified, the terms used in the Terms and Conditions shall have the following meanings:
1.1.1. Error – a failure, malfunction, i.e. any event that is not part of the normal operation of the Website, causing or likely to cause an interruption in its operation, limitation of the provision of Services, or inconvenience in the performance of one of the Website's functions.
1.1.2. Delivery – means the delivery to the Customer of the Goods specified in the Order, in accordance with the concluded Sales Agreement. The delivery may be carried out by the Seller or using the services of an external supplier (courier, Poczta Polska, or another supplier designated by the Seller).
1.1.3. Supplier – means an employee or associate of the Seller or another entity that performs the Delivery on behalf of the Seller.
1.1.4. Payment service provider – an external entity that provides payment services within the Website in connection with the use of the Services. Payments can be made via:
1.1.5. Business day – a day on which the Service Provider works, i.e. Monday to Friday, except for public holidays in Poland. A “day” without the designation “business” should be understood as a calendar day.
1.1.6. Customer – A User who has placed an Order in the Online Store.
1.1.7. Consumer – A User who is a natural person entering into a contract for purposes not directly related to their business or professional activity (including an Entrepreneur with Consumer rights).
1.1.8. Newsletter – A service provided by the Service Provider using electronic mail (e-mail), which allows all users to automatically receive periodic content from the Service Provider containing information about new products.
1.1.9. Manufacturer – the manufacturer of the Goods.
1.1.10. Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business or professional activity, when the content of the contract indicates that it is not of a professional nature for that person.
1.1.11. Terms and Conditions – these terms and conditions setting out the rules and procedures for using the Services within the Website, including the rules for concluding a Sales Agreement.
1.1.12. Registration – means a set of activities consisting in the User correctly completing the registration form available on the Website.
1.1.13. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, OJ EU L 2016.119.1 of 04.05.2016).
1.1.14. Website - a website operated by the Service Provider, available at www.entelo.pl, together with all its functionalities, including the Online Store.
1.1.15. Force Majeure - means an extraordinary external event, objectively independent of the Service Provider, not originating within the Service Provider's organizational structure, whereby it is impossible to prevent and overcome its harmful consequences, the circumstances of which prevent the performance of Services or contracts, and in particular the following events are considered Force Majeure: fire, flood, earthquake, acts of God and forces of nature, acts of war, terrorism, rebellions or revolutions, acts and actions of state authorities, strikes, hacker attacks, etc.
1.1.16. Online store – an online store available on the Website, operated by the Seller.
1.1.17. Seller, Service Provider – ENTELO sp. z o.o. ul. Jesienna, no. 25, town of Łąck, postal code 09-520, post office Łąck, country Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Lublin-Wschód in Lublin, under KRS number 0000041111, NIP (Tax Identification Number) 115 222 222 222, REGON Łąck, postal code 09-520, Łąck post office, country Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register under KRS number 0000580816, REGON: 362751148, NIP: 7123301599, e-mail address: biuro@entelo.pl, telephone number: +48 666 855 587.
1.1.18. Goods – means Goods presented in the Online Store, for which the Customer may place an Order.
1.1.19. Sales Agreement – means a contract for the sale of Goods concluded by the Seller with the Customer in connection with placing an Order, on the terms set out in these Terms and Conditions.
1.1.20. Service – services provided electronically by the Seller to the Customer in accordance with the provisions of these Terms and Conditions.
1.1.21. User – an adult natural person who has full legal capacity or a legal person or organizational unit to which specific provisions grant legal capacity, using the Website.
1.1.22. Defects - physical defects of the Goods detected during the Warranty period, in accordance with section 9.16. et seq.
1.1.23. Order – means the submission by the Customer to the Seller of an offer to purchase specific Goods presented in the Online Store, in accordance with the provisions of these Terms and Conditions, for the purpose of concluding a Sales Agreement.
2. GENERAL PROVISIONS. TECHNICAL REQUIREMENTS FOR USING THE SERVICE.[General provisions]
2.1. The Service Provider provides Services to Users electronically within the scope and under the conditions specified in the Terms and Conditions.
2.2. The Seller provides Services through the Website, including:
2.2.1. sale of Goods in the Online Store;
2.2.2. enabling Users to place Orders;
2.2.3. free viewing of Goods presented in the Online Store;
2.2.4. enabling Users to contact the Service Provider via the contact form;
2.2.5. informing Users via the Newsletter.
[Technical requirements]
2.3. Use of the Website via a web browser is possible provided that the device meets the following minimum technical requirements:
2.3.1. a device with Internet access;
2.3.2. a device with an operating system compatible with a web browser, including:
2.3.2.1. Mozilla Firefox version 34 or higher;
2.3.2.2. Google Chrome version 39 or higher;
2.3.2.3. Safari version 5 or higher;
2.3.2.4. Opera version 26 or higher;
- supporting cookies and Java and Java Script software;
2.3.3. a device with Java and Java Script software installed
2.4. The User may use the Website via a web browser on a mobile device that meets the following technical requirements:
2.4.1. a mobile device with Internet access, equipped with the Android operating system (version 8.0 or higher) or iOS (version 13.0 or higher);
2.4.2. the latest version of one of the following web browsers installed: Google Chrome, Safari, Firefox, Microsoft Edge, or another browser that supports HTML5, JavaScript, and cookies;
2.4.3. JavaScript and cookies enabled in the browser;
2.4.4. minimum screen resolution of 360x640 pixels.
2.5. The Website can be used on a mobile device via a web application (responsive version) or in the full version of the Website.
2.6. The Website may not work or display correctly when used on devices that do not meet the above technical requirements. In such a situation, the Service Provider shall not be liable for any problems, including problems caused by the malfunctioning of the Website.
2.7. The Service Provider informs that the public nature of the Internet and the use of services provided electronically may involve the risk of data being obtained and modified by unauthorized persons, therefore Users should use appropriate technical measures to minimize the above-mentioned risks, such as antivirus software.
3. RIGHTS AND OBLIGATIONS.
3.1. The Service Provider shall make every effort to ensure the uninterrupted operation of the Website. The Service Provider shall not be liable for any interruptions in the operation of the Website. In order to ensure the proper standard of Services, the Service Provider may interrupt the operation of the Website by ordering a Technical Break and temporarily restricting or disabling access to the Website in whole or in part, in particular in the event of an Error.
3.2. The Service Provider monitors the operation of the Website on an ongoing basis, including the occurrence of Errors. The User may report Errors via the contact form and by e-mail to the following e-mail address: biuro@entelo.pl.
3.3. In the event of technical problems and failures, in particular Errors, the Service Provider shall immediately take measures to minimize the negative effects of the technical problems.
3.4. The Service Provider reserves that it does not guarantee and does not bear any responsibility for any damage caused by hindrance or inability to use the Services, including loss or distortion of any data processed within the Website caused by external factors or other circumstances beyond the Service Provider's control, including those caused by the User.
3.5. If it is necessary to order a Technical Break, the Service Provider shall inform about the planned Technical Break and its expected duration in a notification.
3.6. The Service Provider is exclusively entitled to publish advertising, promotional, and marketing materials through the Website.
3.7. A User using the Website on behalf of and for the benefit of a legal person or an organizational unit without legal personality declares that they are authorized to act and perform all activities within the Website on behalf of and for the benefit of that legal person or organizational unit. The Service Provider is entitled to carry out additional verification of such an entity by requesting the presentation of a document confirming its authority.
3.8. The User is obliged to provide true and current data, as well as only such data which they are authorized to use. In the event of a change in data, the User must immediately update the data in their Account.
3.9. The User undertakes to keep the access data to the Account confidential and to protect it from unauthorized access by third parties. If the User becomes aware that unauthorized third parties have obtained access data to the Account, the User undertakes to immediately inform the Service Provider of this fact and, if possible, to change the data immediately.
3.10. The User is the administrator of the data entered in the Account.
3.11. The User has the right to free assistance from the Service Provider by e-mail, via the contact form on the Website or in another manner agreed with the Service Provider.
3.12. The User declares that the data provided in the Account is true and accurate.
[Prohibited activities]
3.13. The User is entitled to use the Website in accordance with its intended purpose, within the limits of the law and good manners applicable to the information society, respecting the rights and property of other Users and third parties. The Service Provider shall not be liable for the User's use of the Website in a manner contrary to the law, good manners, and the provisions of the Terms and Conditions. The User undertakes in particular to:
3.13.1. not to act in bad faith, to refrain from abusing the functions of the Website in a manner inconsistent with their intended purpose and contrary to the provisions of the Terms and Conditions,
3.13.2. not to perform any unlawful or illegal activities using the Website's functionality, including making available prohibited content, in particular of an unlawful, terrorist, erotic, dating, matrimonial, offensive, defamatory, as well as discriminatory, xenophobic, hate-spreading nature, in addition, violating the intellectual property rights of others, personal rights, containing personal data of third parties, placed there without their consent,
3.13.3. not to engage in disinformation activities using the functionality of the Website,
3.13.4. not to perform any actions that could affect the proper functioning of the Website and its functionality, and not to perform the actions specified in point 12 of the Terms and Conditions.
3.14. In the event of a significant violation of the law by the User while using the Website, as well as repeated violations of the provisions of the Terms and Conditions, including attempts to publish, disseminate, or share false or unlawful content by a given User or multiple Users acting jointly and in concert, as well as failure to comply with the provisions of law, in particular on the protection of personal data and intellectual property rights, when providing services to Customers using the functionality of the Website, the Service Provider, while observing the principles of proportionality and respect for freedom of trade, may block or temporarily or permanently restrict access to the Services or Account or Accounts (Account Block).
3.15. By blocking the Account, the User loses the ability to log in to the Account. When attempting to log in to the Account, a message appears informing the User that the Account has been blocked and requesting that the User contact the Service Provider.
3.16. If the Service Provider obtains reasonable information about a violation by the User of the law or obligations under the Terms of Service, the Service Provider is entitled to temporarily restrict or block the Account, in particular in order to clarify the circumstances of the case. If the User is found to have violated the provisions of the Terms and Conditions or the law, the Service Provider shall be entitled to terminate the agreement for the creation and maintenance of the Account with immediate effect.
4. ACCOUNT. REGISTRATION. TERMINATION OF THE AGREEMENT.
4.1. Logging into your Account involves entering your login and password or logging in via an external provider. Your password is confidential and should not be shared with anyone.
4.2. The agreement for the creation and maintenance of an Account is concluded for an indefinite period upon Registration. The User may cancel their Account at any time by sending a request to the Service Provider electronically or in writing. Upon deletion of the Account, the agreement for the creation and maintenance of the Account is terminated.
4.3. The User may use the Website, in particular place Orders, without logging into the Account. Using the Website after logging in provides the User with access to Services and functionalities dedicated to Users who have registered, including, among others:
4.3. 1. viewing the status of Orders and Order history,
4.3.2. no need to enter data for subsequent Orders.
5. ONLINE STORE
[General Terms and Conditions of Use of the Online Store]
5.1. The Seller sells Goods via the Internet.
5.2. The Seller sells Goods in Poland.
5.3. The information about the Goods (e.g. description, technical data, instructions, price, etc.) posted in the Online Store comes from the Manufacturer. Before making a purchase, the Customer should read the description of the Goods on the Website, and before using the Goods, which contain information on the packaging, the Customer should read the information provided by the manufacturer on the packaging and in the instructions.
5.4. The prices of Goods presented in the Online Store are gross prices (including VAT at the current rate), expressed in Polish zlotys, and do not include information on Delivery costs and other costs that the Customer will be required to bear in connection with the Sales Agreement, about which the Customer will be informed when selecting Delivery and placing an Order.
5.5. The prices quoted are binding for the Customer at the time of placing the Order.
5.6. The Seller reserves the right to change the prices of Goods available in the Online Store and to conduct and cancel all kinds of promotional campaigns and sales.
5.7. The Seller attaches particular importance to ensuring confidentiality for the Customer when performing activities related to the use of the Online Store.
5.8. The Customer is obliged to use the Online Store in accordance with the law, the provisions of these Terms and Conditions, and good manners.
5.9. It is prohibited to use the Online Store in a manner that may violate the personal rights of others and to post or disseminate through the Online Store content that is vulgar, untrue, or may violate the personal rights, rights, or other legitimate interests of the Seller or third parties.
5.10. The Customer is entitled to use the resources of the Online Store solely for their own use.
5.11. It is not permissible to use the resources and functions of the Online Store for the purpose of conducting business or other commercial activities by the Customer or activities that would violate the interests of the Seller.
5.12. The Service Provider provides the User with contact details for the Seller in connection with Orders:
ENTELO sp. z o.o.
Jesienna 25, 09-520 Łąck
NIP: 712 33 01 599
BDO: 000011318
Customer Service Office
+48 666 855 587
biuro@entelo.pl
6. ORDERS.
6.1. An order placed by the Customer constitutes an offer within the meaning of civil law.
6.2. The Seller sending an email to the Customer confirming the scope of the Order constitutes acceptance of the offer to the extent that it is feasible.
6.3. The Sales Agreement is concluded between the Customer and the Seller at the moment of delivering information to the Customer about the acceptance of the Order by the Seller. The Sales Agreement consists of the terms and conditions of the Order and the Terms and Conditions.
6.4. The place of conclusion of the Sales Agreement is the Seller's registered office.
6.5. Orders can be placed after logging into the Account or as an unregistered User after providing the information indicated in the electronic form.
6.6. To place an Order, the Customer selects the Goods in the Online Store and then places them in the virtual shopping cart. The Customer can view and manage the contents of the shopping cart by adding Goods to the cart and removing them from the cart.
6.7. In order to place an Order, after adding the Goods to the basket, the following steps must be taken:
6.7.1. specify the method of Delivery;
6.7.2. specify the method of payment;
6.7.3. provide the User's data necessary to complete the Order in accordance with the form provided on the Website, including the Delivery address;
6.7.4. accept the Terms and Conditions and the Privacy and Cookies Policy by ticking the appropriate boxes;
6.7.5. consent to the processing of their personal data for the purpose of performing the Sales Agreement;
6.7.6. place the Order after completing the data.
6.8. The Seller then confirms acceptance of the Customer's Order by sending an email to the Customer's email address to confirm the Order by the Customer. The Customer is additionally informed about the total amount to be paid (net and gross) and about all additional costs, if any.
6.9. The Customer may cancel the Order within 24 hours of placing it, provided that the Seller has not yet started to process it. Cancellation of the Order is tantamount to withdrawal from the Sales Agreement.
6.10. The Seller shall proceed with the fulfillment of the Order after the Customer has made the payment, in accordance with the provisions of section 8 of the Terms and Conditions.
6.11. Orders may be placed 24 hours a day, throughout the calendar year. The Seller reserves the right to suspend the processing of Orders on public holidays or statutory days off, as well as on other designated days, which, however, does not affect Orders that were placed before the date on which the Seller announced the days off. Information about the suspension of Order processing will be published on the Website.
6.12. The Customer has the right to check, in the presence of the Supplier, whether the delivered Goods comply with the Order placed. In the event of a shortage or damage to the shipment, the Supplier has the right to request the Customer to draw up an appropriate report.
7. DELIVERY.
7.1. The Seller shall deliver the Goods within the territory of Poland.
7.2. Delivery is subject to a fee, unless the Sales Agreement provides otherwise.
7.3. The costs of delivery are indicated to the Customer when placing the Order, including at the moment when the Customer expresses their willingness to be bound by the Sales Agreement.
7.4. The Seller is obliged to deliver the Goods covered by the Sales Agreement without defects.
7.5. The Seller delivers the Goods to the Customer within 30 days, unless a different date is specified in the description of the Goods or when placing the Order.
7.6. The start of the Delivery period to the Customer is calculated as follows:
7.6.1. if the Customer chooses to pay by bank transfer to a bank account – from the date on which the Seller's bank account or settlement account is credited;
7.6.2. if the Customer chooses to pay in cash upon personal collection – from the date of conclusion of the Sales Agreement.
7.7. After placing an Order, the Seller shall immediately confirm its receipt and acceptance for processing. The Order is confirmed by sending an appropriate e-mail to the address assigned to the Account or provided when placing the Order, which contains at least a statement from the Service Provider confirming receipt of the Order and its acceptance for processing. By confirming the Order, a Sales Agreement is concluded on the terms and conditions specified in the Terms and Conditions and in the Order.
7.8. The Goods are delivered to the Customer via the Supplier to the address specified in the Order. On the day the Order is shipped, information confirming the shipment by the Seller is sent to the Customer's email address.
7.9. The VAT invoice is delivered by e-mail in the form of an electronic file in PDF format.
7.10. Unjustified refusal to accept the Goods by the Customer is treated as a violation of the provisions of these Terms and Conditions.
7.11. If the Customer is not present at the address provided by them, the Supplier will leave a delivery notice or attempt to contact them by phone to arrange a time when the Customer will be present. The Seller shall not be liable for any difficulties in delivering the shipment caused by the Customer.
8. PAYMENTS ON THE WEBSITE.
8.1. The Customer may pay for the purchased Goods in the following manner:
8.1.1. payment by bank transfer to the bank account indicated by the Seller in the Order confirmation;
8.1.2. payment by bank transfer executed by the payment service provider with whom the Seller cooperates (online payment);
8.1.3. cash on delivery - payment is made to the courier upon delivery.
8.2. If the Customer chooses to pay by bank transfer, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
8.3. If the Customer chooses to pay cash on delivery, the Customer is obliged to make the payment upon receipt of the Goods.
8.4. Payment for the Order requires the conclusion of a separate agreement with the Payment Service Provider and acceptance of its terms and conditions. The Seller is not a party to the agreement between the Customer and the Payment Service Provider and has no influence on the content of the agreement or the manner of its performance. The Seller is not responsible for the performance of the payment service provided by the Payment Service Provider. In the event of payment problems, the Customer should first contact the Payment Service Provider in order to clarify any doubts or submit a complaint. As an exception, and above all, as far as technically and organizationally possible, the Seller may, however, provide support to the Customer in clarifying the problem.
8.5. The agreement between the Customer and the Payment Service Provider regulates the payment rules applicable between the Customer and the Payment Service Provider, including the performance of necessary activities to verify identity and the conditions for the Payment Service Provider to pay out funds accumulated with the Payment Service Provider to the Seller.
8.6. Payments are confirmed by an invoice issued by the Seller in accordance with applicable law. The invoice is issued based on the data provided by the Customer. The Customer is obliged to update and supplement the data required to issue the invoice immediately after each change.
8.7. By default, the Seller provides the Customer with invoices in electronic form via e-mail. The Customer's acceptance of the Terms and Conditions constitutes their consent to the Seller providing invoices in electronic form, within the meaning of the provisions on tax on goods and services (VAT).
8.8. Refunds to the User shall be made using the same payment methods as those used in the original transaction, unless the User has expressly indicated otherwise. In any case, the User shall not incur any fees in connection with the refund. The Seller may withhold the refund until the Goods are received or until proof of return of the Goods is provided, whichever occurs first.
9. WARRANTY. COMPLAINTS. GUARANTEE.
[Warranty for defects]
9.1. The Seller is obliged to deliver Goods free from physical and legal defects to the Customer and shall be liable to the Customer if the Goods have a physical or legal defect.
9.2. Upon delivery by the Supplier, if the Goods do not comply with the Order placed, the Customer should notify the Supplier thereof and refuse to accept the Goods for which they did not place an Order.
9.3. If the Goods are found to be damaged, the Customer may refuse to accept such Goods by signing an appropriate statement.
9.4. If the purchased Goods are defective, the Customer has the right to:
9.4.1. submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with non-defective ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has not fulfilled its obligation to replace the Goods with non-defective ones or to remove the defects. Instead of the removal of the defect proposed by the Seller, the Customer may demand that the Goods be replaced with Goods free from defects or, instead of replacing the Goods, demand that the defect be removed, unless bringing the Goods into compliance with the Agreement 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 excessive nature of the costs, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction, shall be taken into account.
9.4.2. demand replacement of the defective Goods with non-defective ones or removal of the defect. The Seller is obliged to replace the defective Goods with non-defective ones or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing the Goods into compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
9.5. A Customer who exercises their rights under the warranty is obliged to deliver the defective item to the Seller's address, and the cost of delivery shall be covered by the Seller, except for additional costs resulting from the method of delivery chosen by you other than the method of delivery offered by the Seller.
9.6. The Seller shall be liable under the warranty if a physical defect is discovered within two years of the delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free Goods expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on price reduction due to a defect in the Goods. If the Customer requested replacement of the Goods with defect-free ones or removal of the defect, the period for withdrawing from the Sales Agreement or submitting a statement on price reduction begins upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.
9.7. In the event of any irregularities in the functioning of the Website, including the Services, the User should first contact the Service Provider. Technical support can be contacted via email: biuro@entelo.pl, or the contact form. The User should provide, in particular, the data necessary to identify the problem related to the malfunctioning of the Website or its individual functionalities.
[Return and exchange of goods]
9.8. In order to return the Goods, you must complete the return form, which you can download from the website. Then, attach the completed form together with the proof of purchase to the box with the returned Goods.
9.9. The refund shall be made under the conditions specified in point 8 of the Terms and Conditions.
[Complaints regarding Services]
9.10. The Service Provider shall make every effort to ensure that the services provided within the Website are of the highest quality. Notwithstanding the above, the User shall be entitled to submit a complaint free of charge regarding non-performance or improper performance of the Services.
9.11. All complaints should be submitted to the Service Provider's e-mail address: reklamacje@entelo.pl or in writing by registered mail to the following address: ENTELO sp. z o.o. ul. Jesienna 25, 09-520 Łąck, using the form available on the website.
9.12. The Seller shall consider the complaint within 14 days of its receipt. The Seller shall immediately notify the complainant of the result by e-mail to the Customer's e-mail address.
9.13. If the data or information provided in the complaint does not allow for the complaint to be recognized, in particular does not allow for the problem to be properly identified, the Service Provider, if necessary for the proper consideration of the complaint, will contact the User via e-mail to clarify any doubts or obtain additional information from the User. In the message sent to the User, the User shall specify their doubts or indicate the information that is necessary to consider the complaint.
[Reports and internal complaint handling system]
9.14. The Service Provider shall prevent the dissemination of illegal content in accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council (EU) 2022/2065 of October 19, 2022 on the Digital Services Act and amending Directive 2000/31/EC (Digital Services Act). The user may report illegal content or content that violates the Terms and Conditions to the following e-mail address: biuro@entelo.pl. The report should include at least the details of the reporting party, the reasons for the violation of the law or the provisions of the Terms and Conditions, and information enabling the identification of the illegal content. The Service Provider shall inform the reporting party by electronic means of the receipt of the report and the manner in which it will be considered, and in the absence of the information necessary for consideration, shall request that it be supplemented. A complaint against the Service Provider's decision regarding the manner of consideration of the report may be lodged within 6 (six) months from the date of receipt of information on the manner of consideration of the report (Internal complaint handling system). It is prohibited to abuse this procedure to make unfounded reports and complaints. In such a situation, the Service Provider reserves the right to restrict the right to make reports or complaints in the event of abuse by Users of the right to make reports or complaints.
9.15. The Service Provider has established a contact point enabling Users, authorities of European Union Member States, the European Commission, and the Digital Services Board to communicate directly with the Service Provider by electronic means and to receive electronic orders to remove specific content and orders to disclose specific information. The contact point is available at the following email address: biuro@entelo.pl.
[Warranty]
9.16. Goods offered in the Online Store are covered by the Manufacturer's warranty.
9.17. The warranty for the Equipment covers only Defects revealed during normal use in accordance with the operating instructions provided by the Service Provider.
9.18. The warranty does not apply to:
9.18.1. Defects resulting from the Customer's failure to properly protect the Goods against damage, destruction, loss, theft, or loss for any reason;
9.18.2. Defects resulting from damage caused by improper use of the Goods, including use in conditions or for purposes other than those specified in the instructions or in the Terms and Conditions;
9.18.3. mechanical damage caused by external forces (e.g. impact, fall);
9.18.4. natural wear and tear of consumable parts;
9.18.5. damage caused by flood, fire, hail, lightning strike, or other natural disasters or random events, including ionizing radiation, magnetic fields, chemical or mechanical factors, flooding, and the forces of nature;
9.18.6. improper storage, cleaning, or maintenance of the Goods contrary to the instructions provided by the Service Provider.
9.19. The warranty for the Equipment is valid for a period of two to five years, depending on the product, and is calculated from the date of purchase of the Goods, i.e. from the date of payment for the Goods.
9.20. Any repairs or replacements made under the Warranty shall not extend its term, unless the Service Provider decides otherwise.
9.21. In the event of a Defect being discovered, the Customer shall immediately report the Defect by email to the following address: reklamacje@entelo.pl.
9.22. The Defect report must include:
9.22.1. a description of the Defect or problem;
9.22.2. the date of discovery of the Defect;
9.22.3. information identifying the Goods (e.g., serial number, model, version).
9.23. After accepting the Defect report, the Manufacturer shall assess the Defect report within 10 Business Days and inform the Customer about further steps, including possible repair, replacement of the Equipment, or other means of resolving the report.
9.24. Under the Warranty, the Manufacturer may, at its sole discretion:
9.24.1. repair the Equipment;
9.24.2. replace the Equipment with another unit of the same version (if available);
9.24.3. offer a partial refund if repair or replacement is not possible.
9.25. The Customer undertakes to use the Goods in accordance with their intended purpose and in accordance with the instructions provided by the Manufacturer.
9.26. The warranty shall expire in the event of:
9.26.1. the Customer attempting to repair, modify, or interfere with the Goods without the prior consent of the Manufacturer;
9.26.2. the use of the Goods with non-original or non-recommended accessories or consumables.
9.26.3. improper use of the Goods contrary to their intended purpose;
9.26.4. failure to follow the Manufacturer's instructions;
9.26.5. failure to comply with other provisions specified in the Warranty (section 9.16. et seq.)
10. CONSUMER RIGHTS.
[Consumer's right to withdraw from the contract]
10.1. Subject to the provisions of section 10. of the Terms and Conditions, the Consumer or Entrepreneur with Consumer Rights is entitled to withdraw from the contract concerning the Order within 14 days from the date of conclusion of the Sales Agreement with the Service Provider without giving any reason, by submitting a statement to that effect in writing or using the contact form, or by e-mail to the following e-mail address: biuro@entelo.pl. Upon withdrawal from the contract for the creation and maintenance of the Account, other contracts between the Service Provider and the User shall expire. The Consumer or Entrepreneur with Consumer Rights may use the contract withdrawal form, which constitutes Appendix 3 to the Terms and Conditions.
10.2. The provisions of sections 10.2. – 10.11. of the Terms and Conditions apply to the Sales Agreement.
10.3. If the Goods are not in conformity with the agreement, the Consumer may demand their repair or replacement or, in cases specified in the Consumer Rights Act, also withdraw from the agreement.
10.4. The Service Provider may replace the Goods when the Consumer requests repair, or the Service Provider may repair the Goods when the Consumer requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would involve excessive costs for the Service Provider. If both repair and replacement are impossible or would involve excessive costs, the Service Provider may refuse to bring the Goods into conformity with the contract. The Consumer shall make the Goods subject to repair or replacement available to the Service Provider.
10.5. The Service Provider shall repair or replace the Goods within a reasonable time from the moment the Service Provider was informed by the Consumer about the lack of conformity with the contract, and without undue inconvenience to the Consumer. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Service Provider.
10.6. If the Goods are not in conformity with the contract, the Consumer may submit a statement on price reduction or withdrawal from the contract when:
10.6.1. The Service Provider refused to bring the Goods into conformity with the contract or failed to bring the Goods into conformity with the contract;
10.6.2. the Goods are still not in conformity with the contract, even though the Service Provider has attempted to bring the Goods into conformity with the contract;
10.6.3. the lack of conformity of the Goods with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract;
10.6.4. it is clear from the Service Provider's statement or circumstances that it will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
10.7. The Consumer may not withdraw from the contract if the non-compliance of the Goods with the contract is insignificant. It is presumed that the non-compliance of the Goods with the contract is significant.
10.8. In the event of withdrawal from the contract, the Consumer shall immediately return the Goods to the Service Provider at the latter's expense. The Service Provider shall refund the price to the Consumer after verifying the stock status of the returned goods, but no later than within 14 days from the date of receipt of the Goods.
10.9. The Consumer may submit a complaint regarding the non-compliance of the Goods with the contract by sending it to the following e-mail address: reklamacje@entelo.pl. The Service Provider shall consider the complaint within 14 days of its receipt, unless otherwise specified in specific provisions. The response shall be sent to the Consumer's e-mail address or in another manner indicated by the Consumer.
10.10. The Consumer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to ascertain their nature, characteristics, and functionality.
10.11. The right to withdraw from the contract shall not apply in the case of a contract for:
10.11.1. for the provision of digital services, for which the Consumer is obligated to pay the price, if the Service Provider has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that the right to withdraw from the contract will be lost after the Service Provider has performed the service, and the Consumer has acknowledged this;
10.11.2. for the provision of digital content not supplied on a tangible medium, for which the Consumer is obligated to pay the price, if the Service Provider has commenced the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that the right to withdraw from the contract will be lost after the Service Provider has performed the service, and the Consumer has acknowledged this, and the Service Provider has provided the Consumer with confirmation of receipt of consent;
10.11.3. the subject of the service is goods that are perishable or have a short shelf life;
10.11.4. the subject of the service is goods delivered in a sealed package that cannot be returned after opening for health or hygiene reasons if the package is opened after delivery;
10.11.5. the subject of the service is goods that, due to their nature, are inseparably connected with other goods after delivery;
10.11.6. the subject of the service is audio or video recordings or computer programs delivered in a sealed package if the package is opened after delivery;
10.11.7. the subject of the service is the delivery of newspapers, periodicals, or magazines, excluding subscription agreements.
[Dispute Resolution]
10.1. Subject to this section and the provisions of section 9 of the Terms and Conditions, all disputes related to the Services will be submitted to the competent common courts. In relations with entities other than Consumers, the competent court is the court with jurisdiction over the registered office of the Service Provider.
10.2. Consumers have the right to use out-of-court dispute resolution via the European ODR online dispute resolution platform developed by the European Commission, available at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.
10.3. Consumers have the right to use out-of-court dispute resolution. Detailed information on the Consumer’s possibility of using out-of-court dispute resolution methods is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://polubowne.uokik.gov.pl/rejestr,5,pl.html.
10.4. The Office of Competition and Consumer Protection has a Contact Point that provides information on consumer amicable proceedings. The Contact Point provides assistance in completing applications, provides information on entities participating in dispute resolution, and provides information on other methods of pursuing consumer claims. The Contact Point can be contacted at: Pl. Powstańców Warszawy 1, 00-950 Warsaw, by phone: +48 22 55 60 332, +48 22 55 60 333, or by email: kontakt.adr@uokik.gov.pl.
11. GOODS SECURITY.
11.1. All Goods offered by the Seller comply with applicable law, including Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and of the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (hereinafter referred to as "GPSR").
11.2. The Service Provider ensures that the Goods are safe when used correctly, foreseeably, or for their intended purpose.
11.3. If the Service Provider acts as a Manufacturer within the meaning of the GPSR, the Service Provider is fully responsible for the safety of the Goods and compliance with the requirements specified in European Union law. The Manufacturer's obligations include, in particular:
11.3.1. designing and manufacturing the Goods in a manner that is safe for the User;
11.3.2. Conducting an appropriate risk assessment related to the use of the Goods;
11.3.3. Ensuring that the Goods bear the required markings identifying the Manufacturer, as well as (if necessary) a batch number or other identification number;
11.3.4. Providing the Goods with instructions, warnings, and information regarding safe use, prepared in Polish;
11.3.5. Monitoring the safety of the Goods after they are made available on the market;
11.3.6. Taking corrective action if a threat is identified (e.g., withdrawing the Goods from sale, warning Consumers, reporting to supervisory authorities).
11.4. Detailed information about the Goods is provided to the User before concluding the Sales Agreement in the instructions for the given Goods available in the Online Store.
11.5. For Goods intended for specific groups (e.g., children), the Service Provider indicates the appropriate age restrictions and conditions for their safe use.
11.6. The Service Provider provides the User with contact details for reporting any comments or irregularities related to the safety of the Goods:
ENTELO sp. z o.o.
Jesienna 25, 09-520 Łąck
NIP: 712 33 01 599
BDO: 000011318
Customer Service
+48 666 855 587
sklep@dobrekrzeslo.pl
11.7. The User has the right to report any suspicions regarding the non-compliance of the Goods with safety requirements, in particular in the event of:
11.7.1. mechanical damage, short circuits, overheating;
11.7.2. malfunctions;
11.7.3. lack of required warnings or markings.
11.8. Reports should be sent to the Service Provider's email address indicated above or via the contact form available on the Website.
11.9. The Service Provider undertakes to review the report promptly, no later than 14 Business Days from its receipt.
11.10. If a threat is confirmed, the Service Provider will take appropriate measures, in particular:
11.10.1. notify Users of the need to return, repair, or replace the Goods;
11.10.2. withdraw the Goods;
11.10.3. inform the relevant supervisory authorities.
INTELLECTUAL PROPERTY LAW.
11.11. All materials provided by the Service Provider, including text, photographs, graphics, multimedia, markings, and trademarks, are works within the meaning of the Copyright and Related Rights Act, subject to legal protection. Any aggregation and processing of data or other information provided on the Service for the purpose of further distribution or making it available to third parties within online platforms or services, as well as offline, is prohibited. The use of the Service Provider's or Service's markings, individual graphic, text, or video elements, these markings, and other parts of the Service, requires the Service Provider's consent in each case. 11.12. The copyright to the materials belongs to the Service Provider or another entity from which the Service Provider has obtained the appropriate license. No part of the Materials (content such as: text, graphics, logos, icons, images, photos, audio files, videos, data files, presentations, software and any other data) presented on the Website may be reproduced or distributed in any form and in any way without the prior consent of the Service Provider.
11.13. Any violation by the User of the provisions of this Section 12 of the Terms and Conditions entitles the Service Provider to terminate the agreement to create and maintain the Account with immediate effect.
11.14. The User is prohibited from reproducing, sublicensing, renting, leasing, selling, or otherwise marketing or distributing the Website, in whole or in part, including, without limitation, transmitting or making it available on computer systems and networks, distribution systems, or any other IT systems, as well as offline.
11.15. The User is prohibited from taking any actions consisting of:
11.15.1. using the Website in a manner inconsistent with the Terms and Conditions, including as a result of taking actions prohibited by the Terms and Conditions or applicable law;
11.15.2. obtaining information about the internal structure or operating principles of the Website other than from the Service Provider;
11.15.3. modifying the Website's programming independently or with the assistance of third parties acting on the User's behalf;
11.15.4. separating the Website's components, as well as any modification, decompilation, or disassembly thereof, and using them outside of the Website;
11.15.5. making the Website available to third parties, including renting, leasing, lending, or transferring it, in particular for the purpose of copying the Website;
11.15.6. using automated data collection techniques, such as web scraping, web crawling, screen scraping, or other similar methods, to obtain data and information, including materials found on the Website, as well as databases and the information contained therein, without the express prior consent of the Service Provider.
11.16. The User may post content on the Website. By submitting or adding content via the Website, the User declares that they hold all rights to such content, in particular copyrights, related rights, or are authorized to publish it under applicable law, licenses, or other rights. Furthermore, the content is not unlawful or infringes the rights of third parties. In case of doubt, the Service Provider is not responsible for the content posted by Users on the Website, for which the User bears sole responsibility.
12. LIABILITY
[Responsibility]
12.1. The Service Provider is not liable for the temporary inability to use the Website caused by a Maintenance Break, nor for any damages caused by a Maintenance Break.
12.2. The Service Provider is not liable for the consequences of disclosing the Account password or making the Account available to third parties by the User.
12.3. The Service Provider is not liable for the consequences of providing false information by the User during Registration.
12.4. The Service Provider is not liable for the non-operation or improper operation of the Website on devices that do not meet the technical requirements referred to in Section 2 of the Terms and Conditions.
12.5. The Service Provider and the User are not liable for the non-performance or improper performance of an obligation if this is caused by Force Majeure. The circumstances of Force Majeure must be proven by the party invoking it.
12.6. The Service Provider is not liable for non-performance or improper performance of services by telecommunications operators with whom the User has concluded agreements, in particular with regard to connection to the Internet, as well as for the amount of fees for these services.
12.7. The Service Provider is not responsible for the malfunction of operating systems required to run the Service, or any other software installed on the device the User uses to access the Service.
12.8. To the extent permitted by law, the Service Provider's liability arising from the Services is limited to actual damages, excluding lost profits.
12.9. The User is entitled to use the Service in accordance with its intended purpose, within the limits of the law and good practices applicable in the information society, while respecting the rights and property of other Users, third parties, and the Service Provider. The Service Provider is not responsible for using the Service in a manner inconsistent with the law, good practices, or the provisions of these Terms and Conditions.
13. PERSONAL DATA PROTECTION.
Users' personal data are collected and processed by the Service Provider in accordance with applicable law, including GDPR, and in accordance with the provisions of the Privacy and Cookies Policy.
FINAL PROVISIONS.
[Applicable law and jurisdiction]
13.1. Unless mandatory provisions of law provide otherwise, the law applicable to agreements concluded between Users and the Service Provider in connection with the use of the Website, including Sales Agreements, is Polish law. The choice of Polish law does not result in the Consumer losing the legal protection granted to them under mandatory provisions of law, the exclusion of which is not possible through legal action, in accordance with the applicable law that would apply in the absence of such choice of law. 13.2. Subject to the provisions regarding consumer jurisdiction, all disputes between the User and the Service Provider arising from or related to these Terms and Conditions will be resolved by a common court having jurisdiction over the Service Provider's registered office.
[Changes to the Regulations]
13.3. The Service Provider reserves the right to make changes to the operation of the Website or the provision of Services. Using the Services and Account after the effective date of any changes to the Terms and Conditions constitutes acceptance of such changes and does not require the User to submit any separate declaration.
13.4. The Service Provider will inform Users about changes to the Terms and Conditions through notifications of changes to the Terms and Conditions. The Service Provider will also notify Users about changes to the Terms and Conditions via email, sending notifications of changes to the Terms and Conditions to the User's email address assigned to the Account.
13.5. Amendments to the Terms and Conditions will take effect no sooner than 15 days from the date of notification of the change to the Terms and Conditions, unless generally applicable law provides otherwise.
13.6. The Service Provider is entitled to amend the Terms and Conditions without observing the 15-day period referred to above, including with immediate effect, in the following situations:
13.6.1. the change is related to a legal or regulatory obligation imposed on the Service Provider, and fulfillment of the obligation imposed will not be possible within the aforementioned deadline;
13.6.2. it is necessary to counteract a threat related to the protection of online intermediation services, protecting Users from fraud, malicious software, spam, data breaches, or other cybersecurity threats.
13.7. In order to develop the Service, the Service Provider is authorized to introduce new services or functionalities. Any changes introduced may require prior testing. Changes to the Service will not prejudice any rights acquired by Users.
13.8. Using the Service after changes to the Terms of Service have been made will constitute a declaration of acceptance by the User of the changes to the Terms of Service.
[Other final provisions]
13.9. If individual provisions of these Terms and Conditions are deemed invalid or ineffective in accordance with applicable law, this shall not affect the validity or effectiveness of the remaining provisions of the agreement.
13.10. In all matters related to the use of the Website, Users may contact the User via email at biuro@entelo.pl.
13.11. The content of these Terms and Conditions may be retained by the User by printing, saving to a medium, or downloading at any time from the Website.
13.12. The following appendices to these Terms and Conditions constitute an integral part thereof:
13.12.1. Appendix No. 1 – Privacy and Cookies Policy;
13.12.2. Appendix No. 2 – Information on specific risks associated with the use of services provided electronically and on the function and purpose of software or data not included in the service content;
13.12.3. Appendix No. 3 – Withdrawal Form.
[Download]
1. Appendix 1 – Privacy and Cookies Policy
2. Appendix 2 – Information on specific risks associated with using the service provided electronically and on the function and purpose of software or data that are not part of the service content
3. Appendix 3 – Withdrawal Form
Date and legible signature of the Customer