Terms of service

TERMS AND CONDITIONS OF POLMOCON.PL ONLINE SHOP

specifying, among others, rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and Consumer rights.

Terms and Conditions are valid since 01.09.2023 r.

TABLE OF CONTENTS:
1. GENERAL CONDITIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. RIGHT TO WITHDRAW FROM THE CONTRACT
8. PROVISIONS APPLICABLE TO ENTREPRENEURS
9. PRODUCT OPINIONS
10. FINAL PROVISIONS
11. WITHDRAWAL FORM

Online shop www.polmocon.pl takes care of Consumer’s rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer.

In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.

1. GENERAL CONDITIONS

The Online Store available at www.polmocon.pl is run by ELPIGAZ Sp. z o. o. entered into the National Court Register under number 0000069797, with business address and delivery address: ul. Magazynowa 14,86-300 Grudziądz, NIP 9570811415, REGON 192626868, e-mail address: ebok@elpigaz.com, telephone number: 58 3494940.
These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for periods and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller's statutory obligations).
Definitions:

WORK DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – form available in the Online Store enabling the creation of an Account.
ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
ACCOUNT – a free function of the Store (service provided electronically), thanks to which each entity from the Store can define its own individual account in the Store marked with a password (login) and the password specified by the Service User in the name, data provided by the Service User and information about the orders concluded by him are collected in online shop.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE SHOP - the Service Provider's online store available at the following address: www.polmocon.pl.
SELLER; SERVICE PROVIDER - ELPIGAZ Sp. z o. o. entered into the National Court Register under number 0000069797, with: business address and delivery address: ul. Magazynowa 14, 86-300 Grudziądz, NIP 9570811415, REGON 192626868, e-mail address: ebok@elpigaz.com, telephone number: 58 3494940.
SALES AGREEMENT - a Product sales agreement concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
SERVICE RECIPIENT – any entity purchasing in the Store.
ACT ON CONSUMER RIGHTS - Act of May 30, 2014 on consumer rights
ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN ONLINE SHOP

In the online shop, following eletronical services are available: Account, Order Form and Newsletter.

Account - using the Account is possible after completing two subsequent steps by the Service User - (1) completing the Registration Form, (2) clicking the "Register account" field. In the Registration Form, it is necessary for the Service User to complete all required fields.
The Account Electronic Service is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: ebok@elpigaz.com or in writing to the following address: ul. Magazynowa 14, 86-300 Grudziądz
Order Form – The use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An order is placed after the Customer completes the following steps - (1) completes the Order Form and (2) clicks on the "I am ordering with the obligation to pay" field on the Online Store website after completing the Order Form - until then, it is possible to independently modify the entered data (including purpose, follow the displayed messages and information available on the Online Store website). The Order Form requires completing all necessary fields.
Electronic Service Online Form is provided free of charge and is of a one-time nature and ends when the Order is placed through it or when the Service User stops placing Orders through it.
Newsletter – The use of the Newsletter takes place after checking the appropriate checkbox when registering an Account. When the Account is created, the Service User is subscribed to the Newsletter.
The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: ebok@elpigaz.com or in writing to the following address: ul. Magazynowa 14, 86-300 Grudziądz

For the proper functioning of the Store, you need:
- A device with Internet connection.
- A web browser supporting JavaScript and cookies.
To place an order in the Store, in addition to the requirements specified above, an active e-mail account is required.

3. CONDITIONS OF CONCLUDING A SALES AGREEMENT

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store.
The price of the Product shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
Procedure for concluding a Sales Agreement in the Online Store using the Order Form:

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with these Regulations.
After placing the Order, the Seller immediately confirms its receipt and then accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.

The Seller points out that the total price of the order includes the price for the product indicated in the Store and, if applicable, the costs of delivery of the goods.

4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

The Seller provides the Customer with the following payment methods under the Sales Agreement:

cash on delivery, i.e. in cash upon delivery of the goods to the Buyer.
payment deadline in accordance with commercial contracts
The Seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after placing the order, payment for the order is only possible immediately after placing the order.
if the Customer chooses to pay cash on delivery upon receipt of the shipment or to pay in cash upon personal pickup, the Customer is obliged to make the payment upon receipt of the shipment.

5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

Product Delivery is available within the territory of the Republic of Poland.
Product Delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
The Seller provides the Customer with the following methods of delivery or collection of the Product:
- Courier Delivery
- Cash On Courier Delivery
- Parcel Shipment
- Cash On Parcel Shipment
- In Person Pickup
The delivery time to the Customer is up to 3 business days in the case of courier shipments and personal collection, unless a shorter time is specified in the description of a given Product. In the case of a pallet shipment, the delivery time of the Product to the Customer is up to 7 business days.

6. COMPLAINT HANDLING PROCEDURE

This point of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller's Online Store.
The basis and scope of liability are specified in generally applicable provisions of law, in particular in the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).
A complaint may be submitted, for example:
- in writing to the address: ul. Magazynowa 14, 86-300 Grudziądz
- in electronic form via e-mail to the following address: ebok@elpigaz.com
The Product may be sent or returned as part of a complaint to the following address: ul. Korczaka 11, 38-300 Gorlice
It is recommended to include in the description of the complaint information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or non-compliance with the contract, a request for a method of bringing compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim, as well as contact details the person filing the complaint.
The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
- mediation conducted by the regionally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php</a;
- the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
- free assistance of the city or district Consumer Ombudsman;
- online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
Detailed information regarding the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7. RIGHT TO WITHDRAW FROM THE AGREEMENT

The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline for withdrawal from the contract expires after 14 days from the day:
- in which the Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Buyer came into possession of the goods;
- in which the Buyer came into possession of the last goods, lot or part or in which a third party, other than the carrier and indicated by the Buyer, came into possession of the last goods, lot or part, in the case of a contract obliging to transfer ownership of many goods that are delivered separately, in batches or parts.
In order for the privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail).
The Buyer may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
In order to meet the deadline for withdrawal from the contract, it is enough for the Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller returns to the Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the delivery method chosen by the Buyer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Buyer's decision to exercise the right to withdraw from the contract.
The Seller will refund the payment using the same payment methods that were used by the Buyer in the original transaction, unless the Buyer agrees to a different solution, and in any case the Buyer will not incur any fees in connection with this refund.
If the Seller has not offered to collect the goods from the Buyer himself, he may withhold the refund until he receives the goods or until he receives proof of sending them back, depending on which event occurs first.
The seller asks to return the goods to the following address: ul. Korczaka 11, 38-300 Gorlice immediately, and in any case no later than 14 days from the date on which the privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the goods before the 14-day period expires.
The buyer bears the direct costs of returning the goods.
The buyer is only liable for any reduction in the value of the goods resulting from using them in a manner other than necessary to establish the nature, characteristics and functioning of the goods.
If the goods cannot be returned by regular post due to their nature, the Buyer will also have to bear the direct costs of returning the goods. The Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
If it is necessary to refund funds for a transaction made by the Buyer with a payment card, the Seller will make the refund to the bank account assigned to this payment card.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right to withdraw from a distance contract referred to in point 7 of the Regulations, is not entitled to the contract:
1. in which the subject of the service is non-prefabricated goods, manufactured according to the specifications of the privileged Buyer or serving to meet his individual needs;
2. in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
3. in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
4. in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things;
5. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract.

8. PROVISIONS APPLICABLE TO ENTREPRENEURS

This point 8 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date who is not also a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service User an appropriate statement.
The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, not however, more than up to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The seller is also not responsible for delays in shipment.
Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.
The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

9. PRODUCT OPINIONS

The Seller allows its Customers to issue and access opinions about Products and the Online Store on the terms set out in this point of the Regulations.
It is possible for the Customer to issue an opinion after using the form enabling adding an opinion about the Product or Online Store. This form may be made available directly on the Online Store's website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the e-mail address provided by him. When adding an opinion, the Service User may also add a graphic rating or a photo of the Product - if such an option is available in the opinion form.
An opinion about a Product may only be issued for Products actually purchased in the Seller's Online Store and by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements in order to provide opinions about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
Adding opinions by Customers cannot be used for illegal activities, in particular for activities constituting an act of unfair competition or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good practices.
Opinions may be made available directly on the Online Store's website (e.g. for a given Product) or on an external website collecting opinions with which the Seller cooperates and to which it links on the Online Store's website (including via an external widget located on the Online Store's website).
The Seller ensures that published opinions about the Products come from its Customers who purchased a given Product. For this purpose, the Seller takes the following actions to check whether the opinions come from its customers:

Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Service Provider. Verification consists in checking the compliance of the opinion with the Regulations, in particular in checking whether the person giving the opinion is a Customer of the Online Store - in this case, the Seller checks whether the person made a purchase in the Online Store, and in the case of an opinion about a Product, additionally checks whether he or she purchased the reviewed Product. Verification takes place without undue delay.
The Seller sends its Customers (including via an external website collecting opinions with which it cooperates) an individual link to the e-mail address provided by the Seller during the purchase - in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.
o In case of doubts of the Seller or objections addressed to the Seller by other Customers or third parties as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he is actually a Customer of the Store online or purchased the reviewed Product.

Any comments, appeals against the verification of the opinion, or reservations as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
The Seller does not post or order any other person to post false opinions or recommendations of Customers and does not distort Customers' opinions or recommendations in order to promote its Products. The seller provides both positive and negative opinions. The seller does not provide sponsored reviews.

10. FINAL PROVISIONS

Agreements concluded via the Online Store are concluded in Polish.
Changes to the Regulations:

The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code, i.e. the Service Recipient was properly notified about the changes and did not terminate the contract within 15 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service User has the right to withdraw from the contract.
In the event of concluding contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), the amendments to the Regulations will not in any way violate the rights acquired by the Service Recipients/Customers before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not affect for already placed or submitted Orders and concluded, implemented or completed Sales Agreements.

In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.

11.SAMPLE WITHDRAWAL FORM

Below is a link to a sample withdrawal form that the Consumer or the privileged Entrepreneur may, but does not have to, use:

SAMPLE WITHDRAWAL FORM (this form should be completed and returned only if you wish to withdraw from the contract)

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