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Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

These Terms and Conditions define the general principles, conditions, and methods of selling products, as well as the principles and conditions of the free services provided electronically by Ewa Karpiuk-Gajda, conducting business under the name EKDESIGN Ewa Karpiuk-Gajda, with its registered office in Moszczona Królewska 24A, 17-307 Moszczona Królewska, NIP: 5441539268, REGON: 368958637, email: info@adjrig.com, through the online store www.adjrig.com (hereinafter referred to as the “Online Store”).

In order to protect consumer rights, it is important to note that a Consumer may not waive the rights granted to them under the Act of May 30, 2014, on Consumer Rights. Provisions of contracts less favorable to the consumer than the provisions of the aforementioned Act are null and void, and in their place, statutory provisions will apply. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers granted to them under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer.

 

§1

Definitions

Seller – refers to Ewa Karpiuk-Gajda, conducting business under the name EKDESIGN Ewa Karpiuk-Gajda, with its registered office in Moszczona Królewska 24A, 17-307 Moszczona Królewska, NIP: 5441539268, REGON: 368958637, who is also the owner of the Online Store.

Customer – refers to an entity that, in accordance with the Terms and Conditions and applicable laws, may use or is using electronic services, or with whom a Sales Agreement has been concluded or may be concluded.

Consumer – refers to a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.

Entrepreneur – refers to a natural person, a legal entity, or an organizational unit that is not a legal entity, to which the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity.

Entrepreneur with Consumer Rights – refers to a natural person concluding a Sales Agreement directly related to their business activity, when the content of the Sales Agreement indicates that it does not have a professional character for this Entrepreneur, particularly based on the object of their business activity, which is registered in the Central Register and Information on Economic Activity.

Website of the Store – refers to the websites through which the Seller operates the Online Store, functioning under the domain www.adjrig.com.

Durable Medium – refers to a material or tool that allows the Customer or Seller to store information personally directed to them, in a way that allows access to the information in the future for a period appropriate to the purposes for which the information is used, and which allows for the retrieval of the stored information in an unchanged form.

Newsletter – an electronic distribution service provided by the Seller via email, allowing all Customers using it to automatically receive periodic editions of the Newsletter containing information about products, new arrivals, and promotions in the Online Store.

Sales Agreement – refers to a distance sales contract concluded under the terms specified in the Terms and Conditions between the Customer and the Seller.

Warranty Card – a document issued by the guarantor, which specifies the guarantor’s obligations and the buyer’s rights in the event that the sold item does not have the properties specified in the document.

Product – refers to a product presented by the Seller through the Website of the Store, which may be the subject of a Sales Agreement.

Supplier – refers to an entity with whom the Seller cooperates in the delivery of Products.

Delivery – refers to the actual action of delivering the Product specified in the order to the Customer by the Seller through the Supplier.

Business Days – refers to weekdays from Monday to Friday, excluding statutory holidays.

Terms and Conditions – refers to these Terms and Conditions of the Online Store.

§2

General Provisions

  1. Personal Data
    In order to place an order in the Online Store via the Store’s Website and to use the electronic services provided through the Store’s Website, the Customer is required to enter their personal data, contact information, and email address.
  2. Browser Compatibility
    The Seller will make every effort to ensure that the Online Store is accessible to internet users using all popular web browsers, operating systems, types of devices, and types of internet connections.
  3. Cookies Policy
    The Seller uses cookies, which are small text files stored during the Customer’s use of the Store’s Website on the Customer’s device. The use of cookies is intended to ensure the correct functioning of the Store’s Website on the Customer’s devices. More information about cookies can be found in the “Privacy Policy” section.
  4. Prohibited Content and Behavior
    It is forbidden for the Customer to provide any unlawful content or to use the Online Store, the Store’s Website, or any free services provided by the Seller in a way that is contrary to the law, good manners, or violates the personal rights of third parties.
  5. Security Notice
    The Seller acknowledges that the public nature of the Internet and the use of electronic services may pose a risk of unauthorized access to and modification of Customer data by third parties. Therefore, Customers should take appropriate technical measures to minimize these risks. In particular, Customers should use antivirus programs and identity protection tools when using the Internet.
  6. Prohibited Activities
    The resources and functions of the Online Store cannot be used by the Customer for activities that would harm the interests of the Seller, such as advertising another entrepreneur or product; posting content unrelated to the Seller’s activities; or posting false or misleading content.

§3

Order details

  1. To place an order, the Customer must complete the form provided by the Seller on the Store’s Website and make the payment using one of the available payment methods in the Online Store.
  2. During the completion of the form, the Customer has the opportunity to review the Terms and Conditions and accept their content by marking the appropriate box in the form.
  3. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box in the form.
  4. The consent can be withdrawn at any time by submitting a relevant statement to the Seller via email at: info@adjrig.com.
  5. After placing the order, the Customer will immediately receive an order confirmation via email to the address provided in the form. At that moment, an agreement for the electronic provision of the “Customer Order Form” service is concluded, which is used for broad communication between the Seller and the Customer, including agreeing on contract terms.
  6. The Seller is not responsible for any errors in completing the registration form by the Customer and any damages resulting from this.

 

§4

Orders

  1. Informacje zawarte na Stronie Internetowej Sklepu nie stanowią oferty Sprzedawcy w rozumieniu Kodeksu Cywilnego, a jedynie zaproszenie Klientów do składania ofert zawarcia Umowy sprzedaży.
  2. Złożenie zamówienia stanowi złożenie Sprzedawcy przez Klienta oferty zawarcia Umowy sprzedaży Towarów będących przedmiotem zamówienia.
  3. Klient może składać zamówienia na Stronie Sklepu Internetowego przez 7 dni w tygodniu, 24 godziny na dobę.
  4. Klient chcący działać jako Przedsiębiorca z uprawnieniami konsumenta obowiązany każdorazowo wyraźnie wskazać w treści zamówienia, że zamówienie to nie posiada dla tego Przedsiębiorcy zawodowego charakteru, wynikającego w szczególności z przedmiotu wykonywanej przez niego działalności gospodarczej, udostępnionego na podstawie przepisów o Centralnej Ewidencji i Informacji o Działalności Gospodarczej. Sprzedawca zastrzega uznanie zamówienia za złożone przez Przedsiębiorcę z uprawnieniami konsumenta od pozytywnej weryfikacji charakteru zamówienia, w oparciu o dane zawarte w Centralnej Ewidencji i Informacji o Działalności Gospodarczej.
  5. Po złożeniu zamówienia, Sprzedawca przesyła na podany przez Klienta adres poczty elektronicznej potwierdzenie jego złożenia.
  6. Następnie, po potwierdzeniu złożenia zamówienia, Sprzedawca przesyła na podany przez Klienta adres poczty elektronicznej informację o przyjęciu zamówienia do realizacji. Informacja o przyjęciu zamówienia do realizacji jest oświadczeniem Sprzedawcy o przyjęciu oferty, o której mowa w §4 ust. 2 i z chwilą jego otrzymania przez Klienta zostaje zawarta Umowa sprzedaży.
  7. Po zawarciu Umowy sprzedaży, Sprzedawca potwierdza Klientowi jej warunki, przesyłając je na Trwałym Nośniku, na adres poczty elektronicznej Klienta lub pisemnie na wskazany przez Klienta podczas Rejestracji lub składania zamówienia adres.

 

§5

Płatności

  1. The prices on the Website of the Store, displayed next to a given product, do not include information regarding the Delivery costs and any other potential costs that the Customer will be required to pay in connection with the Sales Agreement. The Customer will be informed about the Delivery costs and any additional charges when choosing the Delivery method and placing the order.
  2. Payments on the Website of the Store are processed via traditional bank transfers, as well as services such as: Przelewy24, Paynow, Tpay, and Blik. The detailed terms for the execution of payments and the associated responsibilities of the electronic payment systems are defined in the regulations of these services.
  3. The order will be processed each time after the Seller receives confirmation of the order acceptance, along with:
    1. Upon receiving information from the operator’s server confirming the payment made by the Customer (in the case of payment via credit cards or electronic wallets) or
    2. upon receiving information from the appropriate system confirming the successful completion of the payment (in the case of payment by bank transfer or via the ITP service)
  4. The order awaits payment for 5 business days. After this period, the order will be automatically canceled, and the User will be notified via email. The cancellation of the order does not deprive the User of the possibility of making future purchases.

 

§6

Delivery

  1. Product deliveries are made exclusively within the territory of the European Union.
  2. The Seller is obligated to deliver the Product subject to the Sales Agreement free from defects.
  3. The ordered Products are delivered to the Customer via the Delivery Service to the address provided in the order form.
  4. On the day the Product is shipped to the Customer, the Customer will receive an email confirmation of the shipment from the Seller.
  5. The Customer is obligated to inspect the delivered Product in a timely manner and in accordance with the standard procedure for shipments of that type. In case of any loss, damage, or defect in the Product, the Customer has the right to request the Delivery Service employee to draft an appropriate protocol.
  6. The Seller issues a proof of purchase for the Product in the form of: a receipt, VAT invoice, or personal invoice (without the Taxpayer Identification Number).
  7. Product deliveries are made within a period of 1 to 4 weeks, depending on the stock availability.

 

§7

Statutory warranty

  1. The Seller ensures the delivery of the goods free from physical and legal defects. The Seller is responsible to the Customer if the goods have a physical or legal defect (statutory warranty).
  2. The basis and scope of the Seller’s liability to the Customer for physical or legal defects of the goods (statutory warranty) are determined by applicable legal regulations, in particular, the Civil Code.
  3. If the product has a defect, the Customer may:
    1. The Customer may submit a statement to reduce the price or withdraw from the sales contract, unless the Seller promptly and without excessive inconvenience to the Customer replaces the defective goods with goods free from defects or eliminates the defect. This limitation does not apply if the goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfill the obligation to replace the goods with goods free from defects or remove the defect. A Customer who is a Consumer or an Entrepreneur with Consumer rights may, instead of the remedy proposed by the Seller to remove the defect, demand the replacement of the goods with goods free from defects, or, instead of replacing the goods, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would involve excessive costs compared to the remedy proposed by the Seller. When assessing the excessiveness of costs, the value of goods free from defects, the type and significance of the defect, and the inconvenience the other remedy would cause to the Customer are taken into account. The Customer may not withdraw from the sales contract if the defect is insignificant.
    2. The Customer may demand the replacement of the defective goods with goods free from defects or the removal of the defect. The Seller is obliged to replace the defective goods with goods free from defects or to eliminate the defect within a reasonable time without causing excessive inconvenience to the Customer.

The Seller may refuse to comply with the Customer’s request if bringing the defective goods into conformity with the sales contract in the manner chosen by the Customer is impossible or would involve excessive costs compared to another possible method of bringing the goods into conformity with the sales contract. If the Customer is an Entrepreneur, the Seller may refuse to replace the goods with goods free from defects or remove the defect if the costs of fulfilling this obligation exceed the price of the goods.

  1. The Seller covers the costs of repair or replacement.
  2. Any complaints related to the goods or the execution of the sales contract can be directed in writing to the Seller’s address or via email at: info@adjrig.com. The Seller recommends that the complaint include contact details, the order number, the name of the complained product, a detailed description of the defect, the content of the request to the Seller, and a sales document.
  3. The Seller will respond to the complaint regarding the goods or the complaint related to the execution of the sales contract within 14 days from the date of the request containing the complaint.
  4. The Customer may submit a complaint to the Seller regarding the use of free services provided electronically by the Seller. The complaint may be submitted electronically and sent to: info@adjrig.com. The complaint should include a description of the issue. The Seller will address the complaint promptly, but no later than 14 days, and provide a response to the Customer.
  5. The Customer exercising their rights under the statutory warranty is required to deliver the defective goods to the Seller’s address.
  6. In the case of a Customer who is a Consumer or an Entrepreneur with consumer rights, the delivery cost is covered by the Seller.
  7. The Seller is liable under the statutory warranty if a physical defect is found within two years from the delivery of the goods to the Customer. A claim for removal of the defect or replacement of the goods with non-defective ones is time-barred after one year, but in the case of a Consumer or an Entrepreneur with consumer rights, this period cannot expire before the period specified in the first sentence. Within this period, the Customer may withdraw from the sales contract or submit a declaration of price reduction due to the defect in the goods. If the Customer requested the replacement of the goods with non-defective ones or the removal of the defect, the period to withdraw from the sales contract or submit a declaration of price reduction starts from the expiration of the term for replacing the goods or removing the defect.
  8. According to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for the goods is excluded in the case of a Customer who is not a Consumer.

§8

Warranty

  1. The products sold by the Seller may be covered by a warranty. In the case of products covered by a warranty, information about the existence and terms of the warranty is always included in the Warranty Card attached to the product.

 

§9

Withdrawal from the Sales Agreement

  1. A Consumer and an Entrepreneur with Consumer Rights who has concluded a Sales Agreement may withdraw from the Agreement within 14 days without providing any reason.
  2. The withdrawal period starts from the moment the Consumer, or Entrepreneur with Consumer Rights, or a third party designated by them (other than the carrier) takes possession of the goods. In the case of an agreement covering multiple goods delivered separately, in batches, or in parts – the withdrawal period starts from the moment the last item, batch, or part is taken into possession.
  3. The Consumer or Entrepreneur with Consumer Rights may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. This statement must be made in writing and sent to the Seller’s email address: info@adjrig.com. To meet the deadline, it is sufficient to send the statement before the end of the withdrawal period.
  4. The Seller will immediately send confirmation of the receipt of the withdrawal statement in a Durable Medium.
  5. A withdrawal form is available on the Website of the Store.
  6. In the event of withdrawal from the Sales Agreement, the agreement is considered not concluded. If the Consumer or Entrepreneur with Consumer Rights submits the withdrawal statement before the Seller accepts the offer, the offer will no longer be binding.
  7. The Seller is obliged to refund all payments made by the Consumer or Entrepreneur with Consumer Rights, including the cost of delivering the goods to the Consumer or Entrepreneur with Consumer Rights, within 14 days from the day the withdrawal statement was received. The Seller may withhold the refund until the goods are returned or until the Consumer or Entrepreneur with Consumer Rights provides proof of returning the goods, whichever happens earlier.
  8. If the Consumer or Entrepreneur with Consumer Rights chose a delivery method other than the cheapest standard delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or Entrepreneur with Consumer Rights.
  9. The Consumer or Entrepreneur with Consumer Rights must return the goods to the Seller without undue delay, but no later than 14 days from the day they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the goods back to the Seller before the deadline expires.
  10. In case of withdrawal, the Consumer or Entrepreneur with Consumer Rights bears only the direct costs of returning the goods.
  11. The Consumer or Entrepreneur with Consumer Rights is responsible for any decrease in the value of the goods resulting from the use of the goods in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
  12. The Seller will refund the payment using the same method of payment used by the Consumer or Entrepreneur with Consumer Rights, unless the Consumer or Entrepreneur with Consumer Rights explicitly agrees to a different method of refund, which does not incur any costs for them.
  13. The right of withdrawal applies to deliveries within the European Union.

§10

Exclusions from the Right of Withdrawal from the Sales Agreement

  1. The right to withdraw from the Sales Agreement does not apply to the Consumer and Entrepreneur with consumer rights in relation to contracts where the subject is a non-prefabricated product, made according to the consumer’s specifications, or intended to satisfy their individualized needs. This particularly applies to items produced according to the Customer’s guidelines in such a way as to ensure their compatibility with other items the Customer previously owned.

§11

Free of charge services

  1. The seller provides free of charge services to customers electronically in the form of:
    a) Newsletter;
    b) Customer Order Form.
  2. The services referred to in §11, para. 1 are provided 7 days a week, 24 hours a day.
  3. The seller reserves the right to choose and change the type, form, time, and method of providing access to the selected services mentioned, and will inform customers in an appropriate manner for changes to the Terms and Conditions.
  4. Any customer can use the Newsletter service by entering their email address using the form provided by the seller on the Store’s website or by selecting the newsletter subscription option when filling out the Customer Order Form. Upon entering the email address or selecting the subscription option when filling out the Customer Order Form, an agreement for the electronic provision of the Newsletter service is concluded.
  5. The Newsletter service involves the seller sending electronic messages to the provided email address containing information about new products or services offered by the seller. The Newsletter is sent by the seller to all customers who have subscribed.
  6. The customer can unsubscribe from the Newsletter at any time by clicking the unsubscribe link in each email sent as part of the Newsletter service.
  7. The Customer Order Form service is activated when the customer enters their details in the order form and receives an order confirmation, in accordance with §3, para. 5 of the Terms and Conditions. It is used for communication with the customer, verifying the order, as well as handling complaints or statements of withdrawal from the contract.
  8. A customer who has activated the Customer Order Form can request its removal from the seller. If the customer requests the deletion of the Customer Order Form, it can be deleted within 14 days from the request, subject to the expiration of the customer’s claims against the seller.

§12

Reporting a Threat or Violation of Rights

  1. If a customer or any other person or entity believes that the content published on the Store’s website violates their rights, personal goods, good manners, feelings, morality, beliefs, principles of fair competition, know-how, trade secrets protected by law, or based on an obligation, they may notify the seller about the potential violation.
  2. Once notified of a potential violation, the seller will take immediate action to remove the content causing the violation from the Store’s website.

§13

Personal Data Protection

  1. The principles of personal data protection are outlined in the Privacy Policy of the Online Store.

§14

Termination of the Agreement for the Provision of Electronic Services

  1. Both the customer and the seller may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.
  2. A customer who has activated the Customer Order Form terminates the agreement for the provision of electronic services by sending a relevant declaration of intent to the seller using any means of remote communication that allows the seller to become aware of the customer’s declaration of intent.
  3. The seller terminates the agreement for the provision of electronic services by sending a relevant declaration of intent to the customer’s email address provided during the order submission.

§15

Copyright

  1. All rights to the Online Store, including property rights related to the images, graphics, texts, logos, and intellectual property rights on the Store’s website, belong to the seller. Use of these materials is permitted only in the manner specified and in accordance with the Terms and Conditions, and with the seller’s prior written consent, under penalty of nullity.
  2. By entering into the Agreement, no copyrights are transferred to the customer, nor is any license granted to the customer to use them.

§16

Final Provisions

  1. Seller’s liability for non-performance or improper performance of the contract is limited, and in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is only liable in cases of intentional damage, and only for the actual losses incurred by the Entrepreneur Customer.
  2. The content of these Terms and Conditions may be recorded by printing or saving it to a Durable Medium.
  3. In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The applicable law for resolving any disputes arising under these Terms and Conditions is the law of the Republic of Poland.
  1. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods for resolving complaints and claims. Disputes regarding online purchases can be resolved through mediation before the Provincial Inspectorates of the Trade Inspection or through proceedings before the arbitration court at the Provincial Inspectorate of the Trade Inspection. The Consumer may also use other out-of-court dispute resolution methods, such as filing a complaint via the EU online dispute resolution platform, available at: //ec.europa.eu/consumers/odr/. The rules for accessing these procedures are available at the offices or websites of entities authorized to resolve disputes out of court.
  2. If the out-of-court methods for resolving disputes are not used, the resolution of any disputes will be subject to the courts competent in accordance with the provisions of the Civil Procedure Code, with the caveat that the competent court in terms of jurisdiction is the court relevant to the Seller’s registered office.
  3. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, and other relevant Polish law provisions shall apply.
  4. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfillment before the new Terms and Conditions come into effect will be processed based on the Terms and Conditions that were in force at the time the order was placed by the Customer. Any changes to the Terms and Conditions will take effect 7 days after publication on the Online Store’s website. The Seller will inform the Customer 7 days before the new Terms and Conditions take effect about the changes by sending an electronic message containing a link to the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they are required to notify the Seller, which will result in the termination of the agreement in accordance with the provisions of §14 of the Terms and Conditions.
  5. These Terms and Conditions come into effect on 10.10.2024.