Loading..

TERMS AND CONDITIONS OF THE ONLINE STORE

TERMS AND CONDITIONS OF THE ONLINE STORE OLKUSKIE WYROBY EMALIOWANE SP. Z O.O.

I. DEFINITIONS

Seller, Data Controller – Olkuskie Wyroby Emaliowane Sp. z o.o., with its registered office at 20-Tu Straconych 46, 32-300 Olkusz, Poland, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kraków, 12th Commercial Division, under KRS number 0000793267, VAT ID (NIP): 6372207870, REGON: 383036969, phone number: +48 518 308 649, e-mail: biuro@enamelcrafters.com.

Store – the online service operated by the Seller, available at enamelcrafters.com, through which the Buyer may place Orders.

Account – a set of information about the Buyer who has registered within the Store, as well as information about activities performed by the Buyer within the Store. The procedure for creating an Account and the scope of data stored therein are specified in the regulations for the provision of electronic services.

Buyer, Customer – a person using the Store, in particular placing Orders via the Store. Buyers may include Consumers or Individual Entrepreneurs.

Consumer – a Buyer who is a natural person concluding a legal transaction (a sales contract via the Store) not directly related to their business or professional activity (Article 221 of the Polish Civil Code).

Terms and Conditions – these Terms and Conditions.

Goods – movable items available for sale in the Store.

Order – a declaration of intent made by the Buyer, directly aimed at concluding a distance sales contract for Goods via the Store, specifying at least the type and quantity of the Goods.

II. GENERAL PROVISIONS

  1. These Terms and Conditions define the rules for concluding and performing sales contracts for Goods offered in the Store.

  2. To place Orders in the Store, it is necessary to have a device with Internet access, an active e-mail account, and a web browser enabling the display of websites.

  3. The subject of sale are the Goods presented on the Store’s website at the time of placing the Order.

  4. Prices displayed next to the Goods are given in Polish zloty (PLN) and include VAT.

  5. Information about individual Goods does not constitute an offer within the meaning of applicable law. The content of the online Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.

  6. Users of the Store (including Buyers) are prohibited from posting unlawful content, including for example in product reviews

III. QUALITY OF GOODS

The Seller ensures that, in accordance with applicable legal provisions, it is obliged to provide Goods that are compliant with the sales contract. This obligation means delivering Goods free from physical and legal defects.

IV. PLACING ORDERS

  1. The Seller enables contact and placing Orders via the Store by completing an interactive form.

  2. In order to place an Order via the Store, the Buyer should add selected Goods to the shopping cart and then follow the instructions displayed on the Store’s website, in particular:

    • confirm the total amount payable, including the price of the Goods and delivery costs;

    • complete the Order form with data necessary to conclude the sales contract (for Customers without an Account) or confirm the accuracy of existing data (for Customers with an Account). Failure to provide correct data may prevent Order fulfillment;

    • select the delivery method and payment method;

    • accept the current Terms and Conditions and Privacy Policy;

    • confirm the purchase and payment after making a final decision to buy the Goods under the conditions displayed by the Store.

  3. Completion of the actions referred to in sections IV.1 and IV.2 constitutes submission by the Buyer of an offer to the Seller to conclude a sales contract for the Goods placed in the cart at the prices displayed by the Store.

  4. After placing the Order, the Buyer receives an e-mail confirming receipt of the Order by the Seller, including all essential Order terms, in particular:

    • information contained in the Order;

    • the Terms and Conditions and Privacy Policy;

    • available payment methods;

    • a template withdrawal form on a durable medium (PDF file).

  5. If the Buyer notices any discrepancies in the information provided by the Store, the Seller requests contact by phone at +48 518 308 649 or by e-mail at sklep@enamelcrafters.com in order to correct such discrepancies.

  6. After verification of the Order, the Seller sends the Buyer an e-mail confirming acceptance of the Order for processing or informing about refusal to accept the Order, together with the reasons. Upon confirmation of acceptance, a sales contract is concluded between the Seller and the Buyer on the agreed terms.

  7. Until the Goods are shipped, the Buyer may request modification of the Order. If the Seller accepts the modification, the sales contract is amended accordingly. The Seller is not obliged to accept Order modifications.

V. DELIVERY

  1. The cost of delivery (shipping costs) is presented during the Order placement process and depends on the delivery method selected by the Buyer and the delivery location.

  2. The Seller delivers Goods via various courier services. Delivery is made to the address indicated by the Buyer, or in the case of selecting “Pickup at a point,” to the selected pickup point within the specified time.

  3. The delivery time of the Order is displayed on the product page and is calculated from:

    • the date the Seller’s bank account or settlement account is credited – in the case of advance payment methods (e.g. bank transfer, electronic payments, or payment card);

    • the date of conclusion of the sales contract – in the case of payment on delivery (e.g. cash on delivery).

VI. PAYMENT TERMS

  1. The currently available payment methods are listed in the “Payment Methods” section and at the final confirmation step in the Order form. The available payment methods may depend on the delivery method or the type of Goods selected by the Customer.

  2. Transactions for which the Customer chooses payment by credit/debit card, electronic transfer, or through a payment service are processed via the respective service providers, as specified in the “Payment Methods” section.

  3. If the Seller does not receive payment from a Customer who selected advance payment (including card payment, electronic transfer, or via a payment service), the Seller’s Customer Service may contact the Customer by phone or email to remind them of the payment.

Payment deadlines:

  • Cash on delivery (COD) or card on delivery: payment is due on the day of delivery, before the Goods are handed over;

  • Advance payment (card, electronic transfer, payment service): payment is due immediately after placing the Order.

VII. ORDER FULFILLMENT

  1. The Seller may inform the Customer about the status of the Order during its fulfillment, in particular by sending emails to the address provided by the Customer or contacting them by phone, to the extent permitted by applicable law.

  2. The Customer agrees to receive an electronic invoice. This invoice will be made available to the Customer for download via a link sent to the email address provided during Order placement or stored in the Customer’s Account after receiving the Goods.

  3. If the Customer withdraws consent for electronic invoicing, or in other justified cases (e.g., technical difficulties), the Seller will issue a paper invoice and deliver it to the Customer by regular mail.

VIII. INSPECTION OF THE PACKAGE BY THE CUSTOMER

  1. Upon receipt of the package containing the ordered Goods, the Customer should check whether the package shows signs of damage and whether the Goods themselves are not damaged.

  2. If the package shows signs of damage, a damage report should be prepared with the carrier (courier), or the package should be returned to the pickup point/locker, which helps demonstrate that the damage occurred during transportation.

  3. In the transport damage report, the dates of receipt, reporting, and recording the report should match. A properly completed report (accurately describing the condition of the package and Goods) significantly speeds up determining the moment of damage and filing a claim with the courier, which, if accepted, accelerates sending a replacement product or refund to the Customer.

  4. After completing the damage report or returning the package to the pickup point/locker, the Customer should immediately contact the Claims and Interventions Department at: store@enamelcrafters.com.

  5. The Customer may refuse to accept a damaged package. In this case, it is crucial to immediately notify the Seller at: store@enamelcrafters.com.

  6. If there are difficulties in inspecting the Goods or the courier refuses to complete the damage report, the Seller recommends recording the courier employee’s personal data (name, surname, and phone number) and immediately providing this information to:

V. DELIVERY

  1. The cost of delivering the Goods (shipping costs) is presented during the ordering process and depends on the delivery method selected by the Customer as well as the delivery location.

  2. The Seller delivers the Goods using various courier services. Delivery is made to the address provided by the Customer, or, if the “Pickup Point” option is selected, to the address of the chosen pickup point at the designated time.

  3. The delivery time for an Order is displayed on the product page and is counted from the following:

    • For prepayment methods (e.g., bank transfer, electronic payment, or card payment): from the date the Seller’s bank account or settlement account is credited;

    • For cash on delivery (COD) or card on delivery: from the date the sales agreement for the Goods is concluded.

VI. PAYMENT TERMS

  1. The currently available payment methods are listed in the “Payment Methods” section and at the final confirmation step in the Order form. The available payment methods may depend on the delivery method or type of Goods chosen by the Customer.

  2. Transactions paid via credit/debit card, electronic transfer, or payment service are processed through the respective service providers, as specified in the “Payment Methods” section.

  3. If the Seller does not receive payment from a Customer who selected advance payment (including card, electronic transfer, or payment service), the Seller’s Customer Service may contact the Customer by phone or email to remind them of the payment.

Payment deadlines:

  • Cash on delivery (COD) or card on delivery: payment is due on the day of delivery, before the Goods are handed over;

  • Advance payment (card, electronic transfer, payment service): payment is due immediately after placing the Order.

VII. ORDER FULFILLMENT

  1. The Seller may inform the Customer of the status of the Order during its fulfillment, in particular via email or phone, to the extent permitted by applicable law.

  2. The Customer agrees to receive an electronic invoice. This invoice will be made available for download via a link sent to the email address provided during Order placement or stored in the Customer’s Account after receiving the Goods.

  3. If the Customer withdraws consent for electronic invoicing, or in other justified cases (e.g., technical difficulties), the Seller will issue a paper invoice and deliver it by regular mail.

VIII. INSPECTION OF THE PACKAGE BY THE CUSTOMER

  1. Upon receipt of the package, the Customer should check whether the package shows signs of damage and whether the Goods are not damaged.

  2. If the package is damaged, a damage report should be prepared with the carrier (courier), or the package should be returned to the pickup point/locker to demonstrate that the damage occurred during transport.

  3. In the transport damage report, the dates of receipt, reporting, and recording the report should match. A properly completed report (accurately describing the package and Goods condition) will speed up determining the moment of damage and filing a claim with the courier, which, if accepted, will accelerate sending a replacement or refund to the Customer.

  4. After completing the report or returning the package to the pickup point/locker, the Customer should immediately contact the Claims and Interventions Department at: store@enamelcrafters.com.

  5. The Customer may refuse to accept a damaged package. In this case, it is crucial to immediately notify the Seller at: store@enamelcrafters.com.

  6. If it is difficult to inspect the Goods or the courier refuses to complete the damage report, the Seller recommends recording the courier employee’s personal details (name, surname, phone number) and providing this information immediately to:

  7. The Seller is responsible for any accidental loss or deterioration of the Goods during transport until they are handed over to the Customer.

IX. WITHDRAWAL FROM THE CONTRACT (“RETURN” OF GOODS)

  1. Customers with the status of Consumer or Individual Entrepreneur may withdraw from the sales contract for Goods purchased from the Seller without giving any reason, by submitting a written statement within 14 days from the day the Goods are delivered, i.e., the day the Customer physically takes possession of the Goods.

  2. In the case of an Order containing multiple Goods delivered separately, in batches or parts, the 14-day period is counted from the day the Customer takes possession of each batch or part.

  3. To meet the deadline, it is sufficient to send the withdrawal statement before the 14-day period expires.

  4. Withdrawal from the sales contract occurs by submitting a clear statement to the Seller. The statement can be submitted using a form, but this is not mandatory.

  5. The statement may be sent:

    • By email to: store@enamelcrafters.com, in which case the Seller will promptly confirm receipt on a durable medium;

    • By traditional mail to the warehouse: Enamelcrafters Sp. z o.o., ul. Krótka 3, 32-310 Rodaki, Poland.

  6. The right of withdrawal does not apply in cases provided by law, in particular for contracts:

    • For services fully performed with the Customer’s explicit consent, after being informed that withdrawal is no longer possible;

    • For custom-made Goods according to the Customer’s specifications;

    • For perishable goods or those with a short expiration date;

    • For sealed Goods that cannot be returned due to health or hygiene reasons once opened;

    • For Goods that, due to their nature, are inseparably combined with other items;

    • For urgent repair or maintenance services requested by the Customer, unless additional services or Goods are involved.

  7. In the case of withdrawal, the Customer must return the Goods immediately, no later than 14 days from sending the withdrawal statement, unless the Seller offers to collect the Goods. Returning the Goods before the deadline is sufficient.

  8. The Customer bears only the direct costs of returning the Goods, equivalent to the courier shipping fee or other chosen delivery method.

  9. The Customer is liable for any diminished value of the Goods resulting from use beyond what is necessary to establish their nature, characteristics, and functioning.

  10. All payments made by the Customer will be refunded within 14 days from receiving the withdrawal statement. The Seller may withhold the refund until the Goods are returned. Refunds are made using the same payment method unless the Customer agrees to another cost-free method.

  11. Customers without Consumer or Individual Entrepreneur status do not have the right of withdrawal; for them, the rules and deadlines are governed by the Civil Code.

X. WARRANTY CLAIMS

  1. Defective Goods may be claimed under the statutory warranty or guarantee if provided.

  2. Under the statutory warranty, the Customer may, according to the Civil Code:

    • Request a price reduction;

    • In case of a significant defect, withdraw from the contract;

    • Request replacement with defect-free Goods;

    • Request defect repair.

  3. Warranty claims should be submitted via email or postal mail to: store@enamelcrafters.com. The claim should include, if possible:

    • Customer contact details;

    • Customer’s demands regarding the claim;

    • Invoice number or copy related to the Goods;

    • Description of the defect, including photos if possible;

    • Legal basis for the claim (statutory warranty, guarantee).

  4. If the Goods must be delivered to the Seller for processing the claim, the Customer must deliver the Goods. For Consumers, shipping costs are borne by the Seller, to the warehouse: Enamelcrafters Sp. z o.o., ul. Krótka 3, 32-310 Rodaki, Poland.

  5. If a guarantee is provided, its details and conditions are available in the product description on the website.

  6. Claims regarding the operation of the Store should be submitted to: store@enamelcrafters.com.

  7. The Seller will process claims within 14 days. If a Consumer or Individual Entrepreneur submits a statutory warranty claim and the Seller does not respond within 14 days, the claim is considered accepted.

XI. PERSONAL DATA PROTECTION

  1. The administrator of personal data provided by the Customer while using the Store is the Seller, i.e., Olkuskie Wyroby Emaliowane Sp. z o.o., located at 20-stu Straconych 46, Olkusz, Poland.

  2. Detailed information regarding the processing of personal data by the Seller—including other purposes, legal bases for processing, and data recipients—is available in the Store’s Privacy Policy, in compliance with the principle of transparency set out in the EU General Data Protection Regulation (“GDPR”).

  3. The purpose of processing the Customer’s personal data provided in connection with purchases in the Store is to fulfill orders. The legal basis for processing these data includes:

    • The sales agreement or actions taken at the Customer’s request prior to its conclusion (Art. 6(1)(b) GDPR);

    • A legal obligation on the Seller related to accounting (Art. 6(1)(c) GDPR);

    • The legitimate interest of the Seller in processing data to establish, assert, or defend possible claims (Art. 6(1)(f) GDPR).

  4. Providing personal data is voluntary but necessary to conclude a sales agreement. Failure to provide data will prevent the conclusion of a sales agreement in the Store.

  5. The Customer’s data provided in connection with purchases in the Store will be processed until:

    • The sales agreement between the Customer and the Seller expires;

    • The Seller is no longer subject to a legal obligation requiring the processing of the Customer’s data;

    • The possibility to assert claims arising from the sales agreement expires;

    • The Customer objects to the processing of their personal data when the legal basis is the Seller’s legitimate interest—whichever occurs first.

  6. The Customer has the right to request:

    • Access to their personal data;

    • Rectification of their data;

    • Deletion of their data;

    • Restriction of data processing;

    • Transfer of data to another administrator;

    • And the right to object at any time to the processing of their personal data based on the Seller’s legitimate interest (Art. 6(1)(f) GDPR) for reasons related to the Customer’s particular situation.

  7. To exercise these rights, the Customer should contact the Seller using the contact information provided in the Terms and Conditions.

  8. If the Customer believes their personal data is processed unlawfully, they may lodge a complaint with the President of the Personal Data Protection Office.

XII. FINAL PROVISIONS

  1. Matters not regulated by these Terms and Conditions are governed by applicable law.

  2. These Terms do not exclude or limit any rights of the Customer, as a Consumer or Individual Entrepreneur, granted under mandatory legal provisions. In case of conflict between these Terms and mandatory law granting rights to Consumers or Individual Entrepreneurs, the law shall prevail.

  3. Each Order placed in the Store constitutes a separate sales agreement and requires individual acceptance of these Terms. The agreement is concluded for the duration and purpose of fulfilling the Order.

  4. Agreements concluded under these Terms are concluded in the Polish language.

  5. The Terms are available in electronic form to all Customers on the Store website.

  6. The Seller reserves the right to amend the Terms (including attachments) for important reasons, such as:

    • Changes to Store functionality;

    • Changes in applicable law;

    • Changes in the Seller’s business profile;

    • Changes in the type or scope of goods or services offered through the Store or the manner of their provision.

  7. Registered Customers will be informed of changes to the Terms during their next login or via a separate notification from the Seller. If a Customer does not accept the changes, they may submit a statement to the Seller, resulting in the immediate deletion of their Account.

  8. Amendments to the Terms shall not affect Customers’ acquired rights, particularly already placed Orders, which will be fulfilled under the previous terms.

  9. ODR Platform – Pursuant to Art. 14(1-2) of Regulation (EU) No 524/2013, consumers may use out-of-court dispute resolution for online sales or service contracts. Disputes may be submitted via the ODR platform: https://ec.europa.eu/consumers/odr. The platform facilitates independent, impartial, transparent, effective, fast, and fair online resolution of disputes between consumers and traders regarding contractual obligations under online sales or service agreements. The Seller’s contact email for such disputes is: store@enamelcrafters.com.

ANNEX 1 – WITHDRAWAL FORM TEMPLATE

The following template may be used by Consumers to withdraw from the contract, but its use is not mandatory:

WITHDRAWAL FROM THE CONTRACT FORM
(To be completed and sent only if you wish to withdraw from the contract)

To:
Olkuskie Wyroby Emaliowane Sp. z o.o.
ul. Krótka 3,
32-310 Rodaki, Poland

or via email: store@enamelcrafters.com

I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods:

  • Order number: __________

  • Date of receipt of goods: __________

  • Name of consumer(s): __________

  • Address of consumer(s): __________

  • Signature (only if this form is notified on paper): __________

  • Date: __________

XI. PERSONAL DATA PROTECTION

  1. The administrator of personal data provided by the Customer while using the Store is the Seller, i.e., Olkuskie Wyroby Emaliowane Sp. z o.o., with its registered office at 20-stu Straconych 46, Olkusz, Poland.

  2. Detailed information regarding the processing of personal data by the Seller—including other purposes, legal bases, and recipients of data—is available in the Store’s Privacy Policy, in accordance with the transparency principle under the EU General Data Protection Regulation (“GDPR”).

  3. The purpose of processing the Customer’s personal data provided in connection with purchases in the Store is to fulfill orders. The legal bases for processing these data include:

    • The sales agreement or actions taken at the Customer’s request prior to its conclusion (Art. 6(1)(b) GDPR);

    • A legal obligation of the Seller related to accounting (Art. 6(1)(c) GDPR);

    • The legitimate interest of the Seller in processing data to establish, assert, or defend potential claims (Art. 6(1)(f) GDPR).

  4. Providing personal data is voluntary but necessary to conclude a sales agreement. Failure to provide data will prevent the conclusion of a sales agreement in the Store.

  5. Customer data will be processed until:

    • The sales agreement between the Customer and the Seller expires;

    • The Seller is no longer subject to a legal obligation requiring the processing of the Customer’s data;

    • The possibility of asserting claims related to the sales agreement expires;

    • The Customer objects to the processing of their data when the legal basis is the Seller’s legitimate interest—whichever occurs first.

  6. The Customer has the right to request:

    • Access to their personal data;

    • Correction of their personal data;

    • Deletion of their personal data;

    • Restriction of data processing;

    • Transfer of data to another administrator;

    • And the right to object at any time to the processing of their personal data based on the Seller’s legitimate interest (Art. 6(1)(f) GDPR) for reasons related to their particular situation.

  7. To exercise these rights, the Customer should contact the Seller using the contact information provided in the Terms and Conditions.

  8. If the Customer believes that their personal data is being processed unlawfully, they may lodge a complaint with the President of the Personal Data Protection Office (Polish: Prezes Urzędu Ochrony Danych Osobowych).

XII. FINAL PROVISIONS

  1. Matters not regulated by these Terms and Conditions are governed by applicable law.

  2. These Terms do not exclude or limit any rights of the Customer, as a Consumer or Individual Entrepreneur, granted under mandatory provisions of law. In case of conflict between these Terms and mandatory legal provisions granting rights to Consumers or Individual Entrepreneurs, such provisions shall prevail.

  3. Each Order placed in the Store constitutes a separate sales agreement and requires individual acceptance of these Terms. The agreement is concluded for the duration and purpose of fulfilling the Order.

  4. Agreements concluded under these Terms are concluded in the Polish language.

  5. The Terms are available electronically to all Customers on the Store website.

  6. The Seller reserves the right to amend the Terms (including attachments) for important reasons, including:

    • Changes to the Store’s functionality;

    • Changes in applicable law;

    • Changes in the Seller’s business profile;

    • Changes in the type or scope of goods or services offered through the Store or the method of their provision.

  7. Registered Customers will be informed of changes to the Terms during their next login or via a separate notice from the Seller. If a Customer does not accept the changes, they may submit a statement to the Seller, resulting in immediate deletion of their Account.

  8. Amendments to the Terms shall not affect Customers’ acquired rights, particularly already placed Orders, which will be fulfilled under the previous terms.

  9. ODR Platform – Pursuant to Art. 14(1-2) of Regulation (EU) No 524/2013, consumers may use out-of-court dispute resolution for online sales or service contracts. Disputes may be submitted via the ODR platform at https://ec.europa.eu/consumers/odr. The platform facilitates independent, impartial, transparent, effective, fast, and fair online resolution of disputes between consumers and traders regarding contractual obligations under online sales or service agreements. The Seller’s contact email for such disputes is: store@enamelcrafters.com.