Terms and Conditions - Empatify
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Terms and Conditions

Terms and conditions of the online store

1 GENERAL PROVISIONS

1.1. These terms and conditions regulate the rules of using the Online Store at www.empatify.com

1.2. The online store operating at www.empatify.com (hereinafter referred to as: Empatify Online Store) is run by Empatify Gustaw Choroszyński, entered into the National Court Register kept by the District Court for NIP: 113-280-64-33, REGON: 382104025. (here in after referred to as “Empatify”).

1.3. Contact details of the entrepreneur, enabling the Buyer to contact the Seller:

  • postal address: ul. Krokwi 32/18 Warsaw
  • telephone and / or fax number: tel.: 732880666;
  • e-mail address: contakt@empatify.com.

1.4. The terms and conditions of the Empatify online store are continuously posted on the website www.empatify.com in a way that enables customers to obtain, reproduce and record its content. The terms and conditions are also made available to customers before concluding the contract.

2 DEFINITIONS

The terms used in these regulations mean:

2.1. Consumer – a natural person within the meaning of Article 221 of the Civil Code,

2.2. Service Provider / Seller – Empatify Gustaw Choroszyński, www.empatify.com,

2.3. Online store – an online store run at www.empatify.com by Empatify Gustaw Choroszyński

2.4. Civil Code – the Act of April 23, 1964. (Journal of Laws 1964 No. 16 item 93),

2.5. Goods and Services – all services provided and goods being the subject of the sales contract between the seller and the buyer,

2.6. Terms and conditions – these terms and conditions for the provision of electronic services according to the art. 8 of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204),

2.7. Customer – a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places or plans to place an Order as part of the Online Store using electronic means,

2.8. Order – Customer’s declaration of will, in which the Customer accepts the Seller’s sales offer, which includes, in particular, the price, type, quantity of Goods or Services as part of sales via the online store.

2.9. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).

3 TERMS OF USE OF THE ONLINE STORE

3.1. The prices of all goods and services offered by the Store are gross prices (including VAT) and are expressed in Polish zlotys. Deviations from the principle of the Polish currency are clearly marked.

3.2. The prices displayed on the website of the Empatify store, as well as descriptions of goods and services, constitute only commercial information and not an offer within the meaning of the Civil Code. They are binding – for the purposes of concluding a specific contract – only upon confirmation of the order being accepted by the Seller.

3.3. The seller uses discount codes in the Empatify online store, authorizing the purchase of goods with a discount on the coupon. Discount codes cannot be converted into a cash equivalent.

3.4. To place an order in the Empatify online store, you must accept these Terms of Use.

3.5. To successfully place an order in the Empatify Online Store, it is necessary to have a device with Internet access that allows you to browse websites, as well as a keyboard or other device that allows you to correctly fill in electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.

3.6. The website of the Online Store uses Responsive Web Design (RWD) technology, which adjusts the content of the website to the device on which it is displayed. The Store’s website is prepared to be displayed on both desktop computers and mobile devices.

3.7. The website of the Empatify Online Store has an SSL certificate – a secure protocol for encryption of communication.

4 CONDITIONS FOR CONCLUDING A SALES CONTRACT

4.1. Orders in the Empatify online store can be made by filling in the appropriate forms available on the store’s website.

4.2. When placing an order, the customer is obliged to provide correct personal data: name and surname, address, e-mail address and mobile phone.

4.3. After receiving the order, the Seller confirms its receipt and at the same time informs about the acceptance of the Order for execution. The order is confirmed by sending the appropriate e-mail message to the Customer by the Seller to the address provided in the order form. Upon confirmation of the order acceptance by the Seller, the contract is considered concluded.

4.4. The content of the sales contract is made available and consolidated by making these Regulations available on the Online Store website, sending relevant information to the Customer’s e-mail address provided when placing the order, referred to in §4 point 4.2.

4.5. Placing Orders in the Empatify Online Store is possible 24 hours a day, all days of the year.

5 PAYMENT METHOD AND PAYMENT DATE

5.1. In the Empatify store, you can pay in one of the following ways:

  • transfer to the Seller’s bank account,
  • via third party payment services.

5.2. After placing the order, the Customer receives by e-mail the bank account number to which the correct amount should be transferred. As soon as the payment is credited to the Empatify store’s bank account, the order is transferred for processing.

5.3. The Empatify online store allows you to make payments using the instalment and leasing system Comperia + Siemens SimplyLeasy.

Detailed information on entities providing this service is available at www.empatify.com.

5.4. The Empatify online store enables the payment of amounts due via the following external electronic payment services, such as:

  • Stripe

5.5. The customer is obliged to make the payment using one of the above-mentioned methods within 7 calendar days from the date of sale. 5.6. If the payment on delivery is selected, the Customer is obliged to make the payment upon delivery.

6 DELIVERY

6.1. The ordered goods are delivered only on the territory of the Republic of Poland and take place at the address indicated by the Customer in the order form.

6.2. The time of shipping the goods is marked on the website of the Online Store

Empatify ranges from 48 hours to 14 business days. The seller will make every effort to ensure that the goods are delivered within the time specified in the product card in the online store. If it is not possible to deliver the goods within the above-mentioned time, the Buyer will be informed immediately.

6.3. The delivery of the ordered Goods takes place via:

  • Shipping post

6.4. When the goods are handed over to the courier, the Buyer is notified of this fact by an e-mail sent to the address provided in the order.

6.5. The customer can also pick up the ordered goods in person at the premises of the Empatify company. In the case of a personal collection, the buyer does not bear the costs of delivery.

6.6. The costs of delivering the Goods, which, in addition to the price for the Goods, are borne by the Customer, are provided on the Store’s website when placing the Order.

6.7. In the case of choosing payment on delivery, the cost of delivery of the goods is fully covered by the Customer.

6.8. Upon receipt of the goods, the Customer is obliged to confirm its receipt. From now on, the goods become the property of the customer.

7 WITHDRAWAL FROM THE CONTRACT

7.1. The buyer who is a consumer who has concluded a distance or off-premises contract has the right to withdraw from the concluded sales contract within 30 days from the date of delivery of the goods to him without giving any reason.

7.1.1 The buyer has 30 days to withdraw, but if the digital content is transferred to him before that time with his consent, he loses the right of withdrawal. The consent is given at the time of purchase under the terms of delivery specified in the offer.

7.2. In the event of exercising the right referred to in the preceding point, the Buyer is obliged to inform the Seller about it by submitting a declaration of withdrawal on the form provided to him by the Seller, which may be sent by post to the following address: ul. Krokwi 32/18 Warsaw; it can also be done electronically by using the electronic withdrawal form sent to the seller’s e-mail address: kontakt@empatify.com. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal submitted after the deadline is referred to in §7.

7.3. The form of the declaration of withdrawal from the contract (Appendix No. 1 to these Terms and Conditions) is provided to the Buyer in paper form (in the documentation attached to the parcel) and in electronic form (in the attachment to the electronic correspondence confirming the acceptance of the order).

7.4. If the Buyer submits a declaration of withdrawal by electronic means via the electronic withdrawal form, the Seller will immediately send a confirmation of receipt of the declaration of withdrawal from the contract (on a durable data carrier within the meaning of Article 2 point 4 of the Act of 30/05/2014 – on consumer rights (i.e. Journal of Laws of 2017, item 683).

7.5. The cost of returning the goods, except for the situation referred to in art. 33 (i.e. in the event of additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store) and Article 34 (2) of the Act of 30/05/2014 – on consumer rights (i.e. Journal of Laws of 2017, item 683), is borne by the Seller.

7.6. The buyer is obliged to properly secure the returned goods so as to prevent their damage in transport (direct cost of returning the item – in accordance with Article 34 (2) of the Act of 30/05/2014 – on consumer rights (i.e. Journal of Laws of 2017, item 683) The consumer bears the direct costs of returning the goods.

7.7. The buyer is obliged to return the items immediately, not later than within 14 days from the date on which he withdrew from the contract. The seller may stipulate that in the event of withdrawal from the contract, the item to be returned will be collected by him or a person authorized by him.

7.8. If the delivered goods are incomplete or have traces of use that go beyond the ordinary wear and tear of the item, the Seller reserves the right to refuse to accept the parcel or to reduce the amount returned by the equivalent of the damaged goods.

7.9. In the event of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be transferred to the Buyer’s bank account immediately, but not later than within 14 days from the date of receipt by the Seller of the Buyer’s statement on withdrawal from the contract.

7.10. The Seller declares that the reimbursement referred to in § 7 point 7.9 of the Terms and Conditions will be made using the same method of payment as used by the Buyer. The Seller, in agreement with the Buyer, may agree on a different method of return, which will not involve the Buyer having to bear additional costs.

7.11. The Seller declares that the right of withdrawal does not apply to contracts included in art. 38 of the Act of 30 May 2014 – on consumer rights (i.e. Journal of Laws of 2017, item 683).

7.12. By concluding the contract, the Buyer confirms that he has read the content of these terms and conditions, including confirmation that he was notified of the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods to him.

8 COMPLAINTS

8.1. If, after the ownership of the goods is transferred to the Buyer, the Buyer finds that the goods have physical or legal defects, the Buyer may:

  • if he is a consumer (within the meaning of Article 221 1 of the Civil Code) – submit a complaint to the Seller under the warranty for defects,
  • if he is not a consumer – submit a complaint to the Seller under the warranty for defects.

8.2. In the event of mechanical damage caused during delivery or in the event of a complaint being addressed to the Seller, the Buyer should send information about this fact by mail to the address: ul. Krokwi 32/18 Warszawa 03-114 or by e-mail to: kontakt@empatify.com. In the notification, it is recommended to indicate the defect that the customer believes the goods have, and if it is possible – document the defect in question, the date of the defect, request for a method of bringing the goods into conformity with the contract in accordance with Article 560 et seq. of the Civil Code and provide contact details. The above requirements are recommendations, their absence does not affect the effectiveness of the complaint.

8.3. The seller will respond to the notification within 14 days of receiving the notification. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.

8.4. The Seller informs the Customer about the possibility of using out-of-court methods of dealing with complaints about the Goods, including by submitting a request for mediation or a request for consideration of a case before an arbitration court after the end of the complaint procedure (the request can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court redress after the complaint procedure is completed is free of charge. In the case of a Customer who is a consumer, who wants to use an out-of-court method of redress, it is also possible to file a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.

9 RULES FOR PUBLISHING REVIEWS

9.1. Each buyer / customer may publish reviews about a good / service in the appropriate place on the Store’s website. The reviews should be written in Polish, respecting the rules of the correct Polish language.

9.2. Opinions are subjective statements of customers. The seller is not responsible for their content.

 9.3. The buyer / customer declares that his statement does not violate applicable law or the rights of third parties. He is fully responsible for any statements posted by him in the Empatify Online Store.

9.4. The submitted review is verified by the seller in terms of checking whether the review does not contain prohibited content, i.e. in particular when the review violates applicable regulations, contains prohibited content, advertising, personal data, infringes copyrights, etc.

10 PERSONAL DATA

10.1. The administrator of personal data is the Seller.

10.2. The rules for the protection of personal data can be found in the Privacy Policy of the Empatify Online Store, available at www.empatify.com

11 FINAL PROVISIONS

11.1. The Seller reserves the right to amend these Terms and Conditions for important reasons. Any changes to the Terms and Conditions come into force on the appropriate date indicated by the Seller, but not shorter than 7 days.

11.2. The amended Terms and Conditions bind the Buyer / Customer if the requirements specified in Article 384 and 384 [1] of the Civil Code, that is, they were properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification.

11.3. Pursuant to Article 8 (3) point 2b of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2017, item 1219), the entity using the ABC online store website is obliged not to post illegal content on this website.

11.4. In matters not covered by these Terms and Conditions, the relevant provisions of the Civil Code and the Act of May 30, 2014 – on consumer rights (i.e. Journal of Laws of 2017, item 683) will apply.

11.5. These Terms and Conditions are available at www.empatify.com

 11.6. Agreements with the seller are concluded in Polish.

11.7. The Terms and Conditions enter into force on August 12, 2020. Annex 1 to the Regulations.

FORM OF WITHDRAWAL FROM THE CONTRACT [TEMPLATE]

 [this form should be completed and returned only if you wish to withdraw from the contract]

 Addressee:

 Ul. Krokwi 32/18 Warsaw 03-114

I / We (*) hereby give notice of my / our (*) withdrawal from the sales contract for the following items (*) for the delivery of the following items (*).

Date of conclusion of the contract (*) / receipt (*)

Name and surname of the consumer(s)

Consumer(s) address

Signature of the consumer(s)

[only if the form is sent in paper version]

Date *delete as appropriate

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