Terms and Conditions

Terms of the online store Elgraw.co.uk

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3.CONDITIONS OF ENTERING INTO THE SALE  AGREEMENT
4. PAYMENT METHODS
5.COST, TIME AND WAY OF DELIVERY
6. CONDITIONS FOR TERMINATING THE AGREEMENT FOR ELECTRONIC SERVICES
7. COMPLAINTS (PROCEDURE)
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
9.PROVISIONS FOR ENTREPRENEURS
10. FINAL PROVISIONS


1. General Provisions

1.1. The Online Store available at the Internet address www.elgraw.com is run by Przemyslaw Pawelek doing business under the name ELGRAW Przemyslaw Pawelek (address of the place of business: ul. Torowa 10,33-100 Tarnow) entered in the Central Register and Information Economic Activity of the Republic of Polish maitained by the minister responsible for economy, NIP 9930643530, REGON 122524102, e-mail: biuro@elgraw.com.


1.2.These regulations are aimed at consumers, and entrepreneurs who use the online shop (except point. 9 of the Regulations, which is addressed only to entrepreneurs). The provisions of the Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law. Any possible doubt is resolved to the consumer's favor. In the case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to those provisions.


1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider.Personal data processed for purposes within the scope and based on principles which have been identified in the Privacy Policy published on the Shop pages. Providing personal data is voluntary. Any person whose personal data processing service provider has the right to ask for their content and the right to update and amend it.


1.4. Definitions:


1.4.1. WORKING DAY - one day, falling from Monday to Friday excluding public holidays.


1.4.2.  REGISTRATION FORM - form, which is available in the Online Shop. It allows you to create an account. 


1.4.3. ORDER FORM - an electronic service, which is an interactive form available in the online store. It allows you to submit orders, mainly by adding Products to the electronic cart and then determining the conditions of the Sale Agreement, or e.g the way of delivery and payment.


1.4.4. CLIENT/CUSTOMER - a natural person with full legal capacity. In the cases covered by the rules generally applicable also toa natural person having limited legal capacity; a legal person or an organizational unit without legal personality, whose legal capacity is recognized by the law, which has concluded or intends to conclude a Purchase Agreement with the Seller.


1.4.5. The Civil Code - Civil Code Act of 23 April 1964. (Journal of Laws No. 16, pos. 93, as amended.).


1.4.6. ACCOUNT – Electronic Service, involving the designated individual name (login) and password given by the Client resource sets Provider in the IT system, in which Recipient’s data is collected (including information about complex Procurement).


1.4.7. NEWSLETTER - Electronic Distribution service, which is provided by the Service Provider by e-mail e-mail service that allows all users of the recipients automatically receive the next edition of the newsletter content containing a variety of information about the products available in the Online Shop.


1.4.8. PRODUCT - available online for the mobile executive or service is the subject of the Sale Agreement between the Customer and Seller.


1.4.9. RULES - the Shop Rules.


1.4.10. SHOP - Online Shopping Provider is available at: www.elgraw.co.uk.


1.4.11. SELLER / SERVICE PROVIDER -Przemysław Pawelek conducting business under the name ELGRAW Przemyslaw Pawelek (address of the place of business and address: ul. Torowa 10, 33-100 Tarnów, registered in the Central Register and Information on Economic Activity of the Republic of Polish led by the minister economic affairs, NIP 9930643530, REGON 122524102, e-mail: biuro@elgraw.co.uk.


1.4.12. AGREEMENT FOR SALE - sales contract of the Product / Services concluded or concluded between the customer and the dealer via the Online Store.


1.4.13. ELECTRONIC SERVICE - a service provided by the Service Provider electronically to the Client, through an online store.


1.4.14. Recipient of the service - a natural person with full legal capacity, and in the cases provided for by the rules generally applicable also a natural person having limited legal capacity; a legal person or an organizational unit without legal personality, whose legal capacity is recognized by the law, uses or intends to use the Electronic Services.


1.4.15. Contract - the Customer's will submitted by the Order Form and directly aimed at Product Sale Agreement with the Seller through the online store.


2.Electronic online store service

2.1. The online store offers the following services Electronic Account, order form and newsletter.
2.1.1.
The Account - use of Accounts is enabled under the following three successive steps:

(1) filling in the Registration Form,

(2) clicking on the "Sign up"

(3) confirming the will to create accounts or clicking the confirmation link (sent to the specified e-mail address). The Registration Form is necessary to provide the Client data such as name / company name, email address and password.
2.1.2. 
Order Form - use the Order Form begins when the first product was added to the electronic cart in the Online Shop. To place an order, two more points must be fulfilled: fill out the order form and click on the "Send order" (up to this point there is a possibility of  independent changes of data (please follow the prompts and information available on the online store.) In the Order Form there is mandatory application data: name / company name, address (street, house / apartment, postcode, city state, country), email address, contact telephone number, product / s, the number of Product / s, place and method of delivery. method of payment. In case the Customers who are not consumers it is necessary to also provide the company name and tax identification number.


2.1.2.1. 
Newsletter - use of the newsletter follows the submission in the "Newsletter" tab (visible in the online shop) of an e-mail address, to which subsequent editions of the newsletter will be forwarded and clicking the "Submit" button . You can also enroll on our newsletter, by checking the appropriate checkbox in the process of starting an Account (the creation of Client Accounts is stored in a newsletter).


2.2. The use of  Electronic Services by the Client is free (free).


2.2.1. Account and news in the Online Shop are provided for an indefinite period.


2.2.2. The use of  the Order Form is terminated at the time of placing the Order through it.


2.3. The necessary technical requirements for establishing cooperation with the ICT system, which is used by the Service Provider:


2.3.1. Computer, laptop or other multimedia device with Internet access.


2.3.2. Access to e-mail.


2.3.3. Web browser: Mozilla Firefoxw version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher.


2.3.4. Recommended screen resolution: 1024x768
2.3.5. Inclusion in the web browser the possibility of writing cookies and using Java script.
2.4.The Client is obliged to use the Online Store in accordance with the law and morality and bearing in mind respect for personal rights and copyright, intellectual property rights of third parties.
2.5. The Client is obliged to input data consistent with the facts.
2.6. The service Provider shall not deliver content that is unlawful, vulgar and offensive.


3. Conditions for concluding the contract of sale 

3.1.Announcements, advertising, price lists and other information on this product, which has been quoted on the online store website, and in particular their descriptions, technical and performance characteristics and price, are an invitation to contract within the meaning of Art. 71 of the Civil Code.
3.2. Product price shown on the Online Shop is given in the currency selected Polish Zloty PLN contains all the ingredients, including VAT and customs duty. Prices do not include delivery costs and payments that are indicated during the order process..
3.3. Product price seen at the online shop is binding upon placing an order. This price does not change regardless of changes in prices in the Online Shop which may arise in relation to individual products on the Customer Order.
3.4. The customer placing an order and using the Online Shop is obliged to act in a manner consistent with the law and morality whereas respect for personal rights, protection of personal data and rights of third parties, including copyrights, intellectual property rights. Unlawful actions which may impede the operation of an online store or expose the Service for criminal liability or loss of reputation are prohibited.
3.5. Conclusion of the Sale Agreement by Form Procurement

3.5.1. In order to conclude the Sale Agreement prior submission by the customer is necessary. 

3.5.2.  After the Customer places an order the Seller shall immediately confirm the receipt, which binds the Customer's Order and also concurrently orders it for execution. Confirming receipt of the order and its acceptance to implement will be done by sending relevant e-mail messages to an e-mail address specified during the order process (message must contain at least confirmation of all the essential elements of contracts, the Seller declaration of the receipt of orders and its adoption for implementation). Upon receipt of the above e-mail address Purchase Agreement between the Customer and Seller is concluded. 

3.6. Consolidation, security, and providing the customer with the concluded Purchase Agreement occurs by providing these Terms and Conditions at the online shop, sending the customer an e-mail referred to in point.3.5.2., and by shiping proof of purchase (invoice). The content of the Sale Agreement is further perpetuated and secured in the Seller’s Online Shop computer system. 



4. Methods of payment

4.1. The Seller provides the following methods of payment: 

4.1.1. Cash on delivery (COD). 

4.1.2.  Traditional tranfer to the bank account of the Seller. 

4.1.3. Bank: mBank. 

4.1.4. Account number: 48 1140 2004 0000 3702 74172663. 

4.1.5. Electronic payments and payments via the credit card, PayU.pl (possible ways of payment are set at the online shop in the bar "Shipping and Payment" and on the website http://www.payu.pl. 

4.1.6. via PayPal.com website. 

4.2. Electronic payment transactions and credit card transactions are carried out at the choice of the customer service via PayU.pl. 

4.3. Electronic payment service and leading credit card: 

4.3.1. PayU.pl -spółka Allegro SA with its registered seat in Poznan (business address: ul.Grunwaldzka 182, 60-166 Poznan) entered in the Register of the National Court Register under the number 0000274399, records kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznan, capital in the amount of 4,000,000 zł fully paid, NIP: 779-23-08-495. 

4.3.2. Paypal.com - the company PayPal (Europe) S.- rl & Cie, SCA, 5th floor 22 to 24 BoulevardRoyal, L-2449, Luxembour. 



5. Cost, timing and method of delivery

5.1. The Seller provides methods of delivery of the Product: 

5.1.1. postal shipment, postal COD. 

5.1.2. courier shipment,  courier COD. 

5.1.3.Paczkomaty InPost. 

5.1.4.  collection in person at ul. Torowa 10, 33-100 Tarnów - Business Days from 08:00 to16: 00. 

5.2. Shipping fees are indicated when placing orders. They depend on the delivery and payment method chosen by the customer. Shipping fees are indicated also at the online shop in the "Shipping and Payment". 

5.3. Product delivery date to the customer is up to sixty (60) calendar days, unless in the description of the Product or in the process of filing Orders a shorter deadline is given. The deadline shall be counted as follows: 

5.3.1. When a customer selects the preferred method of payment by bank transfer, electronic payment card or debit card - from the day when the bank account of the Seller acknowledges the receipt of the money, or the day of the e-mail confirmation of the implemented transfer. 

5.3.2. When a customer selects the preferred method of payment on delivery - from the date of the Sale Agreement. 



6. Conditions of terminating a contract for the provision of electronic services

6.1.The service provider and Client can terminate the contract for the provision of Electronic Services at any time by mutual agreement. 

6.2. Termination of the agreement for the provision of Electronic Services: 

6.2.1. The termination of the contract is subject to a declaration of Electronic Services indefinite period of continuous (eg. Account). 

6.2.2. Customer may terminate the agreement for the provision of Electronic Services without indicating reasons by sending an appropriate statement in particular via e-mail to the following address: biuro@elgraw.com or in writing to the following address: ul. Torowa 10, 33-100 Tarnow. Then the agreement expires after 7 days from the date of the statement of termination (notice period), unless the parties agree shorter notice. 

6.2.3. If buyers are also consumers the service provider may terminate the contract for the provision of Electronic Services, if the buyer objectively grossly or persistently infringes the Regulations, especially when providing illegal content, after being warned at least once to stop or remove violations of the appointment of the due date. Violation of the regulations must be objective and unlawful. The contract statement of Electronic Services in this case expires after 14 days from the submission of the statement of termination (notice period). 

6.2.4. In case of the Customers who are not yet consumers the Service Provider may terminate the agreement for the provision of Electronic Service with immediate effect and without indicating the reasons by sending the Client an appropriate statement.



7.Complaints (Proceedings) 

7.1. Complaints about non-compliance with the Product Sales Agreement: 

7.1.1. The basis and extent of liability of the  Seller to the Client who is a natural person who purchases product for purposes unrelated to their professional activity or business, for non-compliance of the Product Purchase Agreement are set out in particular the Law on special conditions of consumer sales and amended in the Civil Code dated 27 July 2002 . (Journal of Laws No. 141, item. 1176, as amended.). 

7.1.2. Notice of nonconformity with the Product of the Sales Agreement and the respective request can be made ​​in particular via e-mail to the following address: biuro@elgraw.com or writing to the address: ul. Torowa 10, 33-100 Tarnow. When it is possible and necessary for the evaluation of nonconformity with the Product of the agreement it must also be delivered to the above address. 

7.1.3. The Seller will address the customer demands immediately, not later than within 14 days. A response to complaint is sent to the address specified by the Client / e-mail, unless the Client will give another way. 

7.1.4. In the case of products covered by the warranty the Seller informs that the warranty on consumer goods sold does not exclude, limit or suspend the rights of the buyer arising from the non-conformity. 

7.2. Complaints related to the provision of electronic services by the Service and other complaints related to the operation of the Online Shop: 

7.2.1. Complaints related to the provision of the Electronic Services through the Online Store and other complaints related to the operation of the Online Store Customer may pursue in particular via e-mail to the following address: biuro@elgraw.com or writing to the address: ul. Torowa 10, 33-100 Tarnow. 

7.2.2. It is recommended to provide in the complaint as much information and circumstances relating to the subject of complaints as possible, in particular the type and date of irregularities and contact details. It is recommended to send electronic images illustrating the existence of the basis of the complaint - facilitate and speed up the consideration of the complaint by the Service Provider. 

7.2.3. Consideration of the complaint by the Service Provider shall take place not later than within 14 days. 

7.2.4. The answer to the complaint is sent to the address specified by the Client, unless the Client specifies a different manner. 



8.The right of withdrawal from the agreement

8.1.  The customer who is also a consumer who concluded an agreement at a distance, may withdraw from it without giving reasons, making a statement in writing within ten days. To comply with this deadline, you must send a statement before its expiry. The statement can be sent in particular via e-mail to the following address: biuro@elgraw.com or in writing to the following address: ul. Torowa 10, 33-100 Tarnow. 

8.2. In the event of withdrawal from an agreement the consumer is released from any obligations. What the parties rendered shall be returned unchanged, unless change was necessary in the ordinary management. The return should take place immediately, not later than within 14 days. If the consumer has made ​​any prepayments, statutory interest is due from the date of making the prepayment. 

8.3. The service provider / seller will refund to the indicated  by the consumer bank account number unless the consumer  indicates otherwise. 

8.4. Deadline of  ten days, during which the consumer may cancel the contract, is counted in the Purchase Agreement, and when the contract is drawn on the provision of Electronic Services from its conclusion. 

8.5. The right of withdrawal from a distance contract is not granted to the consumer in the following cases:

(1) The provision of services commenced, with the consent of the consumer before the end of the period referred to above in paragraphs 8.1 and 8.4;

(2) relating to audio and video recordings and recorded on data carriers after removing the original packaging by the consumer;

(3) contracts for services for which the price or remuneration depends solely on the price of fluctuations in the financial market;

(4) The benefits of the properties specified by the consumer in his order, or closely associated with his person;

(5) benefits, which due to their nature can not be returned or whose subject is perishable;

(6) providing press;

(7) services in the field of gambling. 



9. Provisions relating to entrepreneurs

9.1. Point 9 of the Regulations and the provisions contained therein relate only to customers who are not at the same time consumers. 

9.2. For customers who are not at the same time consumers Seller has the right to restrict the available methods of payment, including requirement of prepayment in whole or in part, regardless of the chosen method of payment by the Client in the Order Form and the Sale Agreement. 

9.3. The customer who is not also a consumer is required to perform their obligations under the Purchase Agreement (ie. In particular the payment and receipt of the Product) immediately, not later than within 3 days from the date of its conclusion, unless the Purchase Agreement provides otherwise. 

9.4. In accordance with Art. 558 § 1 of the Code of Civil liability of the seller under the warranty is excluded to the Client who is not a consumer at the same time. 

9.5. Products which are subject to the Sale Agreement concluded with the Client who is not also a consumer remain the property of the Seller until  the price and delivery costs have been paid under the Purchase Agreement. 

9.6. When the Seller passes the product to the carrier the Customer who is not also a consumer takes over both the benefits and burdens associated with the item and the risk of accidental loss or damage of the item. The Seller in this case shall not be liable for any loss, or damage resulting from the adoption of the Product, its delivery to the Client and for delay in the delivery of the consignment. 

9.7. If sending the product to the customer who is not a consumer at the same time by the carrier the customer is obliged to examine the shipment at the time of its receipt, in the presence of the Courier and the manner adopted for consignments of this kind. If it appears that during transport damage of the Product occurred the customer shall do anything required to determine the liability of the carrier. 

9.8. Responsibility of the Provider / Seller to the Client / Customer who is not a consumer regardless of its legal basis is limited - in a single claim, as well as for any claims - to the amount of the price paid and the supply of the Sale Agreement. The service provider / seller is liable in relation to the Client / Customer who is not a consumer but also for the typical damage predictable at the time of concluding the contract and shall not be liable for loss of profit in relation to the Client / Customer who is not a consumer at the same time.


10. Final Provisions

10.1.  Agreements concluded by the Online Shop are concluded in accordance with Polish law and in Polish. 

10.2. Changing the Rules: 

10.2.1. The Service Provider reserves the right to make changes to the Regulations for  important reason e.g.: changing of the law; changes in the modes of payment and delivery; changing of the scope, payment or the form provided electronic services, change of address of the Seller - in so far as the exchange shall also affect the realization of the provisions of these Regulations. 

10.2.2. The revised regulations applie to the Client if they have been preserved requirements set out in Art. 384 Kodeksucywilnego, ie. Client was properly informed about the changes and the Client does not terminate the agreement for Electronic Service and within 14 days of accepting the notice. 

10.2.3. Amendments to the Regulations shall in no way prejudice the rights acquired the Customers who are also consumers, and using the Online Shop before the entry into force of the amendments, in particular amendments to the Regulations will have no impact on the already deposited or complex contracts and concluded, realized or executed Purchase Agreement. 

10.2.4. In the event that a change of the Rules might result in any new charges or an increase of the present ones,  the consumer has the right to withdraw from the agreement. 

10.3. In matters not covered by these regulations: the Civil Code; Act on electronic services of 18 July 2002. (Journal of Laws No. 144, item. 1204, as amended.); Act on protection of certain consumer  rights and  liability for damage caused by dangerous products of 2 March 2000. (Journal of Laws No. 22, item. 271, as amended.), The Act on specific terms of consumer sales and the change of the Civil Code of July 27 2002. (Journal of Laws No. 141, item 1176 as amended.) and other relevant provisions of Polish law are applied. 

10.4. Disagreements arising between the Service Provider / Seller, and the Customer who is also a consumer shall be appropriately passed on to the general courts. Disputes arising between the Service Provider / Seller, and the Customer who is not at the same time consumer are being subjected to the court with jurisdiction over the seat of the Service Provider / Seller.