Below you will find terms and conditions of the ESTIMON online store, in which the information about how to place the order, conclusion of the sales contract, delivery and payment methods available in the store, procedure of withdrawal from the contract or complaint procedure was included.
The shop belongs to Marta Sieradzka, based in Warsaw, Ludwiki 4/63, 01-226.
You can contact us anytime at email@example.com.
For the purposes of these regulations, the following terms are used:
- The Buyer – natural person, legal person or defective legal person,
- The Consumer – a natural person concluding a sales contract with the Seller, which is not related directly to his business or professional activity,
- Entrepreneur with the rights of a consumer – a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity “,
- Terms and conditions – regulations available at https://estimon.com/en/terms-and-conditions/
- The Shop – online store available at https://estimon.com/en
- The Seller – Marta Sieradzka, Warsaw, Ludwiki 4/63, 01-226.
- Through the Store, the Seller conducts retail sales, while providing electronic services to Buyers. Through the Store, the Buyer may purchase products displayed on the Store’s website.
- The Regulations specify the terms and conditions of using the Store, as well as the rights and obligations of the Seller and Buyers.
- In order to use the Store, in particular to make a purchase in the Store, it is not necessary to meet specific technical conditions by the Buyer’s computer or other device. Internet access, a standard operating system, a standard web browser, and having an active e-mail address are sufficient.
- The buyer cannot make a purchase in the Store anonymously or under a pseudonym.
- It is prohibited to use unlawful content while using the Store, in particular by sending such content via forms available in the Store.
- All product prices listed on the Store’s website are gross prices.
Services provided electronically
- Seller provides electronic services to the Buyer through the Store.
- The basic service provided electronically for the benefit of the Buyer by the Seller is to enable the Buyer to submit orders in the Store. Placing an order is possible without creating an account in the Store.
- If the Buyer decides to sign up account in the Store, the Seller also provides the Buyer with an electronic service consisting of the creation and maintenance of an account in the Store. On account the Buyer’s data and history of orders placed by him are stored in the Store. The buyer logs into the Account using his email address and the password they have defined.
- Creating an account in the Store is carried out by completing and sending, using the Store’s automatic mechanism, registration form. As soon as the registration form has been sent, The Buyer and The Seller conclude a contract for keeping an account in the store. The contract is concluded for an indefinite period, and the Buyer may terminate this contract with immediate effect at any time by deleting your account.
- Services provided electronically to the Buyer are free of charge. Sales contracts concluded are paid through the Store
- In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent data acquisition and modification personal by unauthorized persons..
- The seller takes action to ensure that the Store functions properly. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
- Any complaints related to the functioning of the Store, the Buyer may report via firstname.lastname@example.org In order to issue a complaint, the Buyer should provide the first and last name, correspondence address, as well as the type and date of irregularities related to the functioning of the Store. The seller will consider all complaints within 14 days from receiving the complaint and will inform the Customer about its settlement to the email address of the person submitting the complaint.
- The Buyer can place an order as a guest or as a registered customer.
- The registered customer is the Buyer who has an account in the Store. The Buyer can set up an account at the stage of placing the order or independently of the order.
- Placing an order is done by filling out the order form after adding the products of interest to the Buyer’s basket. In the form it is obligatory to provide the data necessary to complete the order. At the stage of placing the order, the method of delivery of the ordered products and the method of payment are also selected. The condition of placing an order is acceptance of the store’s regulations, which the Buyer should first read. In case of any doubts regarding the regulations, the Buyer may contact the Seller.
- The ordering process is completed by clicking the button finalizing the order. Clicking the button finalizing the order is a declaration of intent of the Buyer leading to concluding a contract of sale with the Seller.
- If the Buyer has chosen to pay via bank transfer, after clicking the button finalizing the order he will be redirected to the Store’s website with instructions on how to make the payment. Payment for the order should be made within 3 business days after concluding the contract.
- The Buyer must provide true personal data in the order form. The Buyer is responsible for the application of false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false information data or when the data raises reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller’s doubts. In such a situation, the Buyer has the right to clarify all circumstances related to verifying the accuracy of the data provided. In the absence of data enabling the Seller to contact the Buyer, the Seller will provide all explanations after making contact by the Buyer.
- The buyer declares that all data provided by him in the order form is true, while the Seller is not obliged to verify their accuracy and correctness, although there is such permission.
Delivery and payment methods
- Available delivery method are presented to the Buyer at the stage of placing the order.
- Available payment methods for the order are described on the website and are presented to the Buyer at the stage of placing the order.
- Shipping within Poland is free of charge. International delivery is possible and discussed with the possible Buyer at the stage of placing the order. Without the Buyer’s acceptance of the shipping method, the order is not considered as placed.
- After placing the order by the Buyer in accordance with the procedure described in § 4 of the T&C’s, the Buyer receives an order confirmation sent to their e-mail address provided when placing the order.
- If the Buyer has chosen the bank transfer as the payment method, they are obliged to pay for the order within 3 business days of the conclusion of the contract.
- The order is considered completed when the order is ready for shipment.
- The processing time is always indicated in the product description. The ordered products should be released to the Consumer within 30 days, unless a longer period has been clearly marked by the Seller in the product description. In this situation, by placing an order, the Buyer agrees to a longer delivery period resulting from the product description.
- If the order covers more than one product, the processing time is the longest time indicated in the description of the products included in the order.
- The order processing time is counted from the moment the payment is made, unless the Buyer has chosen the form of payment on delivery – then the duration of the order is counted until the conclusion of the contract.
- After completing the order, the Seller will send an order confirmation to the Buyer’s e-mail address. Shipment of the order to the Buyer is carried out with delivery method chosen by the Buyer at the stage of placing the order.
- In rare cases, dictated by increased demand, the processing time may exceed the time stated on the website. The Seller is obliged to inform the Buyer immediately. The Buyer can decide to agree to the waiting time or cancel the order.
- The delivery time depends on the shipping method chosen by the Buyer and is counted from the day the order has been processed.
Withdrawal from the contract
- A Consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving a reason within 14 days of taking possession of the purchased items.
- Starting from 01/01/2021, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on consumer rights also applies to a natural person concluding a contract with the Seller directly related to his business activity, if the content of this contract results, that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when under this paragraph, the rights of the Consumer are mentioned, starting from 01/01/2021, these rights also apply to a person who meets the above criteria.
- In order to withdraw from the contract, the Consumer must inform the seller about their decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post, fax or e-mail.
- The Consumer may use the return form available at https://estimon.com/en/returns-and-complaints/ however it is not obligatory.
- To meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the Consumer right of withdrawal before the expiry deadline to withdraw from the contract.
- The Consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but not later than 14 days from the day on which he withdrew from the contract, unless The Seller offered to pick up the item himself. To meet the deadline, it is sufficient to return the product before the deadline.
- The Consumer bears the return costs.
- In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of products available in the Store (if the cost was covered by the Consumer) immediately, and in any case not later than 14 days from the day on which the Seller was informed about the right of withdrawal. The reimbursement will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution. In any case, the Consumer will not incur any fees in connection with the form of the refund, unless the Consumer’s bank has different regulations.
- If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
- The Consumer is responsible for reducing the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
Responsibility for defects
- The Seller is obliged to provide the buyer with a product free from defects.
- The Seller is liable to the Buyer if the product sold has a physical or legal defect (according to warranty for defects).
- If the product has a defect, the Buyer may: request replacement of the product for one free of defects, request removal of the defect, submit a price reduction statement, submit a statement of withdrawal from the contract.
- If the Buyer finds a defect in the product, he should inform the Seller about it, at the same time specifying his claim related to the found defect or making a statement of relevant content.
- The Buyer may use the complaint form available at https://estimon.com/en/returns-and-complaints/ however it is not obligatory.
- The Buyer may contact the Seller by both traditional mail and electronic mail.
- The Seller shall respond to the complaint submitted by the Buyer within 14 days from the day of delivery of the complaint by means of which the complaint was submitted.
- Starting from 01/01/2021, the provisions on the Seller’s warranty for defects in the goods sold for Consumers also apply to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it does not have for this person of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
Personal data and cookies
- The administrator of the Buyer’s personal data is the Seller.
- The Buyer’s personal data is processed in order to service the user’s account, process the order and, if necessary, defend, investigate or establish claims related to sales contracts concluded via the Store.
Out-of-court complaint consideration and redress methods
- The Seller agrees to submit any disputes arising in connection with the sale of goods through mediation. Details will be determined by the parties to the conflict.
- The Consumer has the option of using extrajudicial means of dealing with complaints and redress. Among other things, the Consumer has the option of: submitting to a permanent amicable consumer court a request to settle the dispute arising from the concluded sales contract; asking the voivodeship inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller; use the assistance of a poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
- The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
Intellectual Property Rights
- The Seller hereby instructs the Buyer that the content available on the Store’s website and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, to which the Seller has copyright.
- The Seller hereby instructs the Buyer that further dissemination of copyrighted content by the Buyer without the consent of the Seller, except for the use of content as part of permitted personal use, constitutes a violation of the Seller’s copyright and may result in civil or criminal liability.
- The Seller reserves the right to enter and revoke offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in in particular the terms of the contracts concluded before the change was made.
- The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the amendment to the Regulations. Buyers who have a registered user account will be informed of any change to the Regulations by sending a message to the e-mail address assigned to the user account. If the new Regulations are not accepted, the Buyer may delete his user account free of charge.
- Any disputes related to contracts concluded through the Store will be considered by a Polish common court competent for the place of permanent business activity of the Seller. This provision does not apply to Consumers for which the court’s jurisdiction is examined on general principles. Starting from 01/01/2021, this provision also does not apply to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the contract. by her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction is considered on general principles.
- Buyers who have an account in the Store will be notified to the e-mail address assigned to the account of any change to the Regulations. In the absence of acceptance of the content of the new Regulations, the Buyer has the right to terminate the account agreement at any time by deleting the account or submitting an appropriate statement to the Seller, in any form, to terminate the account agreement.
- These Terms and Conditions apply from 01.01.2021
- All archived versions of the Regulations are available for download in the .pdf format – links are below.