Terms



These Rules and Regulations define the principles of purchasing goods on the internet store operated by Seller under the internet address www.emalco.com.

  1. Seller: Emalco Enamelware s.c., registered address: Młynarska 13/11, 08-110 Siedlce, Poland
  2. You can contact the Seller by:
    1. Telephone: +48 665 044 401 (calling rate as per the operator’s tariffs).
    2. E-mail: emalco@emalco.com

 

  • 1 Terms and definitions
  1. Rules and Regulations – these regulations of the online store.
  2. Seller – business entity providing the sales services via the online store on terms and conditions defined in these Rules and Regulations.
  3. Client – a natural person, legal person or an unincorporated, organisational unit having legal capacity, who/which places an order in the online store in compliance with Rules and Regulations.
  4. Online store –website under the address www.emalco.com, where Client can make an Order to buy goods from Seller.
  5. Business Days – a day from Monday to Friday, except for statutory days off work.
  6. Consumer – any natural person using online store who is acting for purposes, which are not related to his trade, business or profession.
  7. Object of the transaction – goods listed and described on the website of the online store.
  8. Goods – a movable item, presented in the online store, covered with a respective Contract of Sales.
  9. Contract of Sales – contract of sales of Goods in the meaning of the Civil Code, concluded between the Service Provider and the Client, with the use of the online store website.
  10. Order – declaration of the will of the Client explicitly defining the type and the quantity of Goods, directly aimed at the conclusion of the Contract of Sales.
  11. The Civil Code – act from April, 23th 1964 of the Code of Civil Procedure (Journal of Laws no. 16 item 93 as amended).

 

  • 2 General principles
  1. These Rules and Regulations define the principles of use of the Online Store operating under the address www.emalco.com
  2. A condition to place an Order in the On-line Store by the Client is to read these Rules and Regulations and to accept their provisions for the Order Processing Procedure.
  3. The Seller runs the retail sale via the Online Store.
  4. The wholesale sale and specialized Orders via direct email contact: emalco@emalco.com.
  5. The Seller publishes the information about the Goods on the Online Store website.
  6. All the Goods offered on the Online Store website are brand new, originally packed and have legally entered the Polish market.
  7. Due to the nature of enamelware production and that all of our products are purely handmade the Seller allows that some of the products appearance can slightly vary between each other.
  8. To place an Order in the Online Store, the Client must meet the following technical requirements, necessary for the compatibility with the IT system used by the Seller:
    1. Have an e-mail address,
    2. have a computer, smartphone or tablet with the operating system: Windows, Mac OS X, Linux or Android,
      1. have the Internet browser in the prescribed version or any of its subsequent update: Internet Explorer – version 9, Chrome – version 46, Safari – version 8, Firefox – version 41, Opera – version 3

     9. The Client shall be obliged to use the Online Store in compliance with the law and good manners, respecting the personal rights, the copyrights, the property rights and the intellectual property rights of the Seller and any third parties.

    10. The Client is obliged not to provide the contents prohibited by the provisions of law.

 

  • 3 Prices
  1. All the prices published on the On-line Store website are gross prices in Euro (inclusive of all the due taxes).
  2. The price of Goods shall be increased in line with the costs of delivery in the amount specified in §6 as per the manner of delivery selected by the Client.

 

  • 4 Order placement
  1. Orders are received by the Seller via the Online Store website.
  2. Orders can be placed in the Online Store 24 hours a day, 7 days a week, all year round.
  3. To make an Order you have to fill in any necessary order form of the Store.
  4. The Order is effectively made if the Client has validly filled in the order form and correctly provided his/her contact data: precise address where the Order is to be sent as well as the telephone number and the e-mail address.
  5. If the provided data are not complete, the Seller shall contact the Client. If the Seller cannot contact the Client, the Seller have the right to cancel the Order.
  6. The Client will receive a VAT invoice (with polish tax for Clients from European Union) or standard invoice (non-European Union clients). The document shall be sent together with the dispatch and it will be sent to the e-mail address of the Client provided in the Client’s Order.
  7. Having made a valid Order, the Client shall receive an automatic reply from the store, confirming the store has received the Order.
  8. The Order fulfilment procedure shall commence once the payment has been made by the Client.
  9. In case of lack of ordered Goods, the Seller shall forthwith inform the Client about it and about the related thereto extension of the date of the Order fulfilment, however, not later than within 48 hours.
  10. Contract of sales shall be concluded in the English language.
  11. The Online Store operates sales worldwide.

 

  • 5 Payment methods for the Order
  1. The Seller shall allow the Client to use the following methods of payment for the scope of the Contract of Sales:
    1. PayPal payment (emalco@emalco.com).
    2. Wire international transfer to the bank account of the Seller.
  2. Seller’s bank account:
    1. Bank: Raiffeisen Bank Polska S.A.
    2. Account number for payment in EURO: PL 40 1750 0012 0000 0000 2295 8216

 

  • 6 Costs, methods and dates of delivery
  1. The ordered Goods are sent to the address indicated in the Order Form. The Client shall be forthwith informed about the improperly filled in Order Form, which prevents the dispatch of goods or which can delay it.
  2. The Seller shall allow the Client to use the following methods of delivery:
  3. The total time from order to delivery shall be 30 days at the maximum – from the day of the Order placement by the Client; however, the Online Store shall make its best efforts to complete Orders as soon as possible.
  4. Costs of the delivery are charged upon the Client:
    1. In Europe: orders under 100 EUR cost 7,5 EUR
    2. Non-Europe: orders under 150 EUR cost 15 EUR
    3. If the total amount of the order exceeds 100 EUR in Europe and 150 EUR outside Europe, delivery cost is covered by the Seller.
  1. Delivery to the Client takes 5-7 Working Days, unless the online description of a given item of Goods indicates another delivery date.

 

  • 7 Contract Withdrawal
  1. The Consumer who has concluded a contract online can withdraw from the contract within 14 calendar days (counted from the day when the Goods received) without providing any reason and he/she shall be entitled to a full refund of the amount paid.
  2. For the observance of the above named deadline, it is sufficient to send a respective declaration to the Seller prior to the lapse thereof.
  3. The Consumer is forthwith obliged, but not later than within 14 calendar days as of the day of the Contract Withdrawal, to return the Goods to the Seller.
  4. For the observance of the deadline it is sufficient to send the Goods prior to this deadline. The Consumer can return the Goods to the address of the Seller.
  5. The Consumer shall bear direct cost of returning Goods in connection with the withdrawal from the contract.
  6. In the event of the withdrawal from the contract, the Consumer shall have the amount paid refunded (however, not later than within 14 calendar days), exclusive of the costs of delivery.
  7. The Consumer shall bear the liability for the impairment of the value of the Goods due to the use of the Goods by the Consumer in the manner exceeding the acts necessary to identify the nature, features and the operation of the Goods.

 

  • 8 Complaint procedure
  1. The Seller shall be obliged to provide the Client with the Product that is free from defects, which made the Goods impossible to use. Small imperfections are allowed, according to §2, point 7.
  2. The basis and the scope of liability of the Seller with respect to the Client are defined in the generally applicable legal provisions, in particular the provisions of the Civil Code.
  3. The Seller shall be liable towards the Client, being a Consumer, for physical or legal defects of the Goods (warrant).
  4. The Client can file a complaint in the following ways:
    1. In written form addressed to the Seller: Emalco Enamelware s.c., Ujrzanowska 14, 08-110 Siedlce, Poland
    2. In electronic form via e-mail sent to the Seller: emalco@emalco.com
  1. It is recommended to include in complaint Client’s:
    1. Name and surname.
    2. Address.
    3. E-mail address.
    4. Order date.
    5. Subject of the complaint with the actions requested to be taken.
    6. All circumstances justifying the complaint.
  1. The Client shall be informed about the resolution of the complaint by e-mail or by ordinary mail.
  2. Making a complaint, the Client shall, together with the notice of complaint, send pictures of product complained about to the Seller.
  3. The Seller shall forthwith reply to the complaint of the Client; however, not later than within 14 calendar days as of the complaint submission. Should the Seller fail to reply to the complaint within the above deadline, then it shall be deemed that the Seller has accepted the complaint as fully justified.
  4. If the complaint is reviewed to the advantage of the Client, the Seller shall replace the goods complained about with new goods of unimpaired value or the Seller shall reimburse the price paid at the purchase of the Goods.

 

  • 9 Out-of-court methods of processing complaints and asserting claims

A customer being a consumer is entitled to the following possibilities of out-of-court methods of processing complaints and asserting claims, among others, including:

  1. A customer is entitled to apply to a permanent arbitration tribunal for consumers with a motion for resolving a dispute arising in connection to a concluded sales contract. Such a tribunal operates at a Commercial Inspection.
  2. A customer is entitled to apply to the provincial Inspector of a Commercial Inspection with a motion for initiating a mediation procedure relating to an amicable resolution of a dispute between the customer and seller.
  3. A customer may submit their complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/

 

  • 10 Final provisions
  1. Orders placed by Client before changes in Rules come into effect will be realized under previous provisions of Rules and Regulations.
  2. In matters not regulated in these Rules and Regulations, the generally applicable provisions of the Polish law shall apply, and in particular: the Civil Code; the Act on Providing Services by electronic means of 18 July 2002 (Journal of Laws of 2002 no. 144, item 1204 as amended.) and other applicable and generally binding privisions of law.
  3. Any disputes arising in the implementation of these Rules and Regulations and in connection with the performance of the contracts concluded by and between the Seller and the Clients, shall be reviewed by the Court of the proper jurisdiction in compliance with the provisions on the jurisdiction over the subject matter and the venue of the case of the Act of November, 17th 1964 of the Code of Civil Procedure (Journal of Laws no. 43 item 296 as amended).
  4. The Seller is the administrator of the personal data processed in connection with the implementation of these Rules and Regulations. The personal data shall be processed only for the purpose of issuing the invoice, receipt or keeping accounting records. Provision of the personal data is voluntary. Any person, whose personal data is processed by the Seller, shall have the right to inspect the contents thereof and to update and correct the said data.