TERMS & CONDITIONS POLICY
REGULATIONS
TABLE OF CONTENTS:
GENERAL PROVISIONS
DEFINITIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
TERMS OF CONCLUDING A SALES AGREEMENT
METHODS AND TIME OF PAYMENT FOR THE PRODUCT
COST, WAYS AND TIME OF DELIVERY
PRODUCT COMPLAINT
RIGHT OF WITHDRAWAL
FINAL PROVISIONS
Sarcia.eu online store cares about the rights of consumer. The consumer cannot waive the rights granted to him/her in the Act of 30 May 2014 on Consumer Rights. Provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Provisions of the Consumer Rights Act shall apply instead. Therefore, provisions of these Terms and Conditions are not intended to exclude or limit any rights that consumers may have under mandatory provisions of law, and Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumers' rights to which they are entitled under mandatory provisions of law, and any possible doubts should be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions with the aforementioned provisions, those provisions shall prevail and shall be applied. The use of Electronic Services is associated with typical risks relating to the transmission of data via the Internet, such as their dissemination, loss or gaining access to them by unauthorized persons. The Online Store provides technical and organizational measures appropriate to the degree of security threat to the Electronic Services provided.
1. GENERAL PROVISIONS
1.1 The Online Store available at the internet address www.sarcia.eu is run by ELLSAR GmbH 23 Stresemannstr 10963 Berlin
1.2 Regulations define the principles of using the Sarcia.eu website by Users.
1.3 The Regulations are made available free of charge and continuously on the Sarcia.eu website in a way that allows Users to obtain, reproduce and record their content by printing and saving it on a carrier at any time.
1.4 By accepting the Regulations, the User confirms that they are familiar with the content of these Regulations and accepts all of their provisions and undertakes to comply with them.
2 DEFINITIONS
2.1 WORKING DAY - one day from Monday to Friday excluding public holidays.
2.2 REGISTRATION FORM - a form available in the Online Store that allows the creation of an Account.
2.3 ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows the placement of an Order, in particular by adding Products to an electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
2.4 CUSTOMER - (1) any individual with full capacity to perform legal actions, and in cases provided for by generally applicable laws, also any individual with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by the Act; which has concluded or intends to conclude a Sales Agreement with the Seller
2.5 ACCOUNT - Electronic Service, marked with an individual name (login) and password given by the Customer, a set of resources in the Service Provider's ICT system, which stores data given by the Customer and information about Orders placed by them in the Online Store.
2.6 PRODUCT - a movable item available at the Internet Shop, which is the subject of a Sales Agreement between the Customer and the Seller.
2.7 RULES - these Regulations of the Online Store.
2.8 INTERNET STORE - Provider's online store available at the following web address: Sarcia.eu
2.9 SELLER or SERVICE PROVIDER - ELLSAR GmbH 23 Stresemannstr 10963 Berlin
2.10. CONTRACT OF SALE - the contract of sale of the Product concluded or entered into between the Customer and the Seller through the Online Store.
2.11. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer through the Online Shop.
2.12. CONSUMER RIGHTS ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287).
2.13. ORDER - the Customer's declaration of will made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
3. ELECTRONIC SERVICES IN THE ONLINE STORE
3.1 The following Electronic Services are available in the Online Store: Account, and Order Form.
3.2 Account - using the Account is possible after completing two consecutive steps by the Customer - filling in the Registration Form and clicking on the action button. In the Registration Form it is necessary for the Customer to provide the following details: name and surname / company name, e-mail address, contact telephone number and password. In the case of Clients who are not consumers, it is also necessary to provide their company name and NIP number.
3.3 The Electronic Service Account is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to delete the Account by sending an appropriate request to the Service Provider, in particular via e-mail to: info@sarcia.eu.
Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic basket in the Online Shop. The Order is placed after the Customer completes two consecutive steps in total - after filling in the Order Form and clicking the field "Confirm purchase" on the Online shop page after filling in the Order Form. In the Order Form it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address, e-mail address, contact telephone number and data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide their company name and NIP number.
3.5 The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice, taking into account respect for personal rights, copyrights and intellectual property of the Service Provider and the rights of third parties. The Customer is obliged to enter data consistent with the facts.
3.6 Complaints relating to the provision of Electronic Services by the Service Provider and other complaints relating to the operation of the Shop, the Customer may submit, for example, in electronic form via e-mail to: info@sarcia.eu.
3.7 Provision of services electronically by the Service Provider is perpetual. The Customer may at any time terminate the contract with the Service Provider for the provision of services within the scope of the Internet Shop, by terminating it in writing to the address: ul. Przeskok 55, 63-400 Ostrów Wielkopolski, with the note "Sklep Internetowy Sarcia.eu" or in electronic form via e-mail at the address: info@sarcia.eu.
4. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
4.1 The price of the Product displayed on the website of the Online Store is given in Polish zloty and includes taxes, including VAT. About the total price including taxes of the Product being the subject of the Order, as well as about the costs and other costs, and if the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Online Store in the course of placing the Order, including at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
4.2 Product prices are subject to change at any time. However, except for the addition of shipping costs, price changes do not apply to already concluded Sales Agreements.
4.3 The conclusion of the Sales Agreement between the Customer and the Seller takes place after placing an order by the Customer at the Online Shop.
4.4 After placing an Order by the Customer, the Seller immediately confirms its receipt by sending an email "Order confirmation". The above-mentioned e-mail message containing "Order confirmation" does not mean that the Seller accepts the order. This message only means that the Seller has received the Customer's Order. As soon as the Seller processes the order and prepares it for shipment. The Seller will send the Customer a "Sent" email, which will confirm that the Seller has accepted the Customer's Order.
4.5 The Seller's acceptance of the Customer's order is its decision. In order to make sure that the product chosen by the Customer is available, the Seller will not accept Customer's order until it is ready for shipment. If, at the time of preparing an order for dispatch, it turns out in the warehouse that the product selected by the Customer is no longer available, the Seller will inform the Customer that the item should be removed from the Order. In this case, the Seller will contact the Customer to determine whether the Customer agrees to fulfil.
4.6 When the Seller sends and the Customer receives the email "Sent", a Sales Contract between the Seller and the Customer is concluded. Together with the confirmation of dispatch, the Customer will receive the content of these Terms and Conditions valid on the date of conclusion of the Sales Agreement.
5. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
5.1. Cash-on-delivery payment on delivery.
5.2 Electronic and card payments through the Przelewy24.pl website.
5.3 Settlement of electronic payment and payment card transactions are carried out at the Customer's choice via the Przelewy24.pl service. The handling of electronic payments and payment cards is provided by: Przelewy24.pl - Pay Pro SA
5.4 If the Customer chooses electronic payment or payment card payment, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement
5.5 In case the Customer chooses cash on delivery, the Customer is obliged to make the payment on delivery.
5.6. Payment via traditional bank transfer:
Account number: LT043250020444724432
Bank name: Revolut Bank UAB
Recipient: Ellsar GmbH
6. METHODS AND TIME OF PAYMENT FOR THE PRODUCT
6.1 Delivery of the Product is available in the Republic of Poland and to foreign countries where the cost of delivery does not exceed 30 PLN per kilogram except for San Marino and the UK. For more information please contact us.
6.2 The Product delivery to the Customer is chargeable, unless the Sales Agreement states otherwise. Product delivery costs are indicated to the Customer on the pages of the On-line shop under "Delivery and payment" and during the Order placement.
6.3 The Seller makes available to the Customer the following methods of delivery or collection of the Product: courier delivery, parcel delivery, cash on delivery, collection point delivery.
6.4 The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the Product description or during the Order placement process. In the case of Products with different delivery periods, the delivery period is the longest period stated.
7. PRODUCT COMPLAINTS
7.1 You can make a complaint about services provided by the Sarcia.eu website.
7.2 Complaints can be reported by sending an e-mail to the address: info@sarcia.eu
7.3 Complaint submission should contain the designation of the person submitting the complaint (name, surname, address, e-mail address) and a description of the event that is the cause of complaint.
7.4 Complaints shall be considered within 14 days from the date of receipt of the notification by the Site
7.5 If the Goods have a defect, the Customer may:
- make a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer will replace the defective Goods with goods free from defects or will remove the defect. This restriction shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the Goods with goods free from defects or remove defects. Instead of the removal of defects proposed by the Seller, the Client may demand replacement of the Goods for goods free from defects or, instead of replacement of the Goods, demand removal of defects, unless bringing the Goods into conformity with the agreement in the way selected by the Client is impossible or requires excessive costs in comparison with the method proposed by the Seller. In the assessment of the excessive costs, the value of the Goods free from defects, type and significance of the identified defect shall be taken into account, as well as the inconvenience to which the Client would be exposed in another way of satisfaction. The costs of repair or replacement shall be borne by the Seller.
- The Customer who performs rights under warranty is obliged to deliver the defective goods to the address of the Seller. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
8. RIGHT OF WITHDRAWAL
8.1 A consumer who has entered into a remote agreement, may withdraw from it without giving reasons, making an appropriate statement within 14 days from the date on which the Consumer actually takes possession of the purchased product. In order to meet this deadline it is sufficient to send the declaration before its expiry. The declaration of withdrawal from the contract may be submitted for example: in writing to the address: Przeskok 55 Street, 63-400 Ostrów Wielkopolski, with the note "Sklep Internetowy Sarcia.eu or in electronic form via e-mail to the address: info@sarcia.eu.
8.2 The Seller shall be obliged to immediately, no later than within 14 days from the date of receiving the product back and the consumer's declaration of withdrawal from the contract, return to the consumer the cost of delivery of the Product and the cost of the product itself. The Seller shall return the payment using the same method of payment used by the consumer.
8.3 The Consumer is obliged to immediately, no later than within 14 days from the date of withdrawal, return the Product to the Seller. The Consumer can return the Product to the address: Przeskok 55 Street, 63-400 Ostrów Wielkopolski , with the note "Sklep Internetowy Sarcia.eu".
8.4 If the consumer chose a method of delivery of the Product other than the cheapest standard delivery method available at the Online Store, the Seller is not obliged to reimburse the consumer the additional costs he has incurred.
8.5 The right of withdrawal from the agreement concluded at a distance does not apply to the consumer in relation to agreements:
(1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer.
(2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control.
(3) in which the subject of performance are Products, which after delivery, due to their nature, are inseparable from other things;
(4) in which the subject of the performance is underwear.
9. FINAL PROVISIONS
9.1 In the case of changes to these Regulations, Sarcia.eu will inform the Users on the website http://sarcia.eu/pl/.
9.2 In all matters not regulated by these Regulations the provisions of commonly applicable Polish law apply, in particular the provisions of the Civil Code, the Law on Personal Data Protection and the Law on Provision of Electronic Services.
9.3 Any disputes between the parties shall be settled by the competent common court.
