Online Shop Regulations www.ecoglassworks.com
These regulations define the rules for making purchases in online shop operated by the Seller at http://www.ecoglassworks.com/
The Seller is Mr Łukasz Fistek running the business under the business name "Zakład Produkcji Opakowań mgr inż. Łukasz Fistek" with its registered office based in Ładna 15, 33-156 Skrzyszów, entered into the Central Register and Information on Business Activity, using the VAT number: 873-286-17-63, Business Registration REGON number: 852735549, also interchangeably referred to as the "Service Provider".
The object of the online shop's activity is the sale of decorative glass manufactured only by manual methods. The manual production is characterized by the fact that sometimes the same products may differ slightly (the Polish standard for manual production allows 5% difference in dimensions in plus or in minus). The products from the same batch may also vary in weight. The glass sold in the shop is made of "ECO" type of glass which is made in 100% of recycled material. A detailed list of products and their unit prices can be found on the shop's website. The glass sold in the shop is hot-cut, which may cause the so-called "tears" on the edging of every product. The so-called "tear" is the result of this type of production process and there is no possibility to introduce any changes in this respect. Sold glass also has a slightly greenish colour, which is a natural effect of recycled production. The same applies to bubbles in the structure of glass products, which are a natural result of the production of recycled products. Due to the thin-walled nature of the products, do not lift the glass holding its walls, it is recommended to lift the glass holding it from the bottom side.
Please contact the Service Provider at the following contact number: - by phone: + 48 609 824 539, using e-mail address at: email@example.com or via the contact form you can find at http://www.ecoglassworks.com/
§ 1 Definitions:
1. Business days - means days of the week from Monday to Friday, excluding public holidays.
2. Password - means a set of letters, digits or other characters selected by the Buyer during the Registration in the Shop, used to secure access to the Account with registration. Buyer's password is not known to the Seller and the Buyer is obliged to keep it confidential and to protect it against unauthorized access by third parties.
3. Account without registration - general panel, available to every buyer without having to register in the shop.
4. Account with registration - a panel assigned to a given Buyer, access to which is obtained after the Buyer registers in the Shop.
5. Buyer - a natural person, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law who, under the terms of these regulations, places an order in the Online Shop.
6. Login - e-mail address of the Buyer indicated at registration in the Shop.
7. Newsletter - a service of providing by the Seller to the Buyer commercial information about the Goods or services of the Seller or goods or services of entities cooperating with the Seller
8. Payment on delivery - payment for the Supplier's order at the time of receipt of the goods.
9. Special offer- sale made on the terms specified in separate regulations, referred to as the Promotion Regulations, made on the basis of a special offer of the shop valid at a given time. In the event of discrepancies in the provisions of the Special Offer Regulations and the provisions of the Regulations, the provisions of the Regulations shall prevail.
10. Subject of the transaction - Goods listed and described on the website of the Online Shop
11. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, for whom the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to his/her business or professional activity.
12. Regulations - these regulations. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (the Polish Journal of Laws of 2002 No. 144, item 1204, as amended).
13. Online Shop (Shop) - Online service available at http://www.ecoglassworks.com/ through which the Buyer can place an Order.
14. IT system - a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data through telecommunications networks with the use of a terminal device appropriate for a given type of network.
15. Goods - a movable item, presented in the Online Shop, to which the Sales Agreement applies.
16. Sales Agreement - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Service Provider and the Buyer, using the online shop website.
17. Additional service - a service provided by the Service Provider to the Buyer outside the Online Shop in connection with the nature of the Goods sold.
18. Service Provider - an entity providing sales services via the Online Shop on the terms set out in these Regulations.
19. Order - a declaration of will of the Buyer expressly specifying the type and quantity of Goods, aimed directly at the conclusion of the Sales Agreement.
§ 2 General terms and conditions
1. The condition for placing an Order in the Online Shop by the Buyer is to read the Regulations and accept their provisions during the implementation of the Order.
2. Sales made through the store are carried out only for the benefit of customers who run a business, i.e. who are not consumers within the meaning of the provisions of Community law and applicable national regulations.
3. An order in the shop may be submitted by natural or legal person as well as an organizational unit without legal personality, if on the basis of separate provisions they have the capacity to perform acts in law, that has full legal capacity; in the case of natural persons, the condition of placing an order in a shop is being of full legal age i.e. 18 years of age.
4. Announcements, advertisements, price lists and other information on the website of the online shop www.ecoglassworks.com do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract. Thus, the order placed in the online shop is not tantamount to concluding a contract. The contract is concluded after confirming the acceptance of the order to be carried out by the online shop.
5. The prices listed in the online shop are valid only in the online shop's offer.
6. Delivery and collection of goods are carried out on the territory of the European Union.
§ 3 Placing an order and approving the order for execution
1. Orders are accepted via the website or by e-mail. Orders placed via the website can be placed 24 hours a day, 7 days a week throughout the year.
2. The order is effective if the Buyer correctly completes the order form and correctly provides the contact details, including the exact address to which the Product is to be sent , the telephone number and e-mail address. If the given data is not complete, the Seller will contact the Buyer. If the contact with the Buyer is not possible, the order shall be cancelled.
3. Acceptance of the order for execution is confirmed by e-mail up to 5 working days from the date of placing the order by the Buyer. In the absence of confirmation of order acceptance, it is assumed that the order has been cancelled.
4. The time of commencement of the order execution coincides with the moment the payment is credited to the bank account provided in the order confirmation in the case of payment by bank transfer or e-transfer.
5. The term to complete the order is from 3 to 21 business days. In the situation when it is impossible to deliver the order within the indicated time, the online shop informs the Buyer about this fact, proposing a new deadline for the contract. The Buyer may agree to change the delivery date or cancel his/her order.
6. Prices given for products are given gross in EURO. The price of the product before ticking the "to the basket" button does not include shipping costs. Shipping and payment costs are added to the sum of ordered products. The Buyer is informed before the order is approved about all additional costs related to the ordered goods. The final price of the product is the price given on the shop's website before placing the order, i.e. before choosing the option "I am ordering - with the obligation to pay" and confirmed immediately in the e-mail sent to the Buyer at the address provided by the Buyer.
7. The Buyer in the ordering process may express the will to receive a fiscal receipt or VAT invoice, which may be attached to the shipped goods or sent electronically to the indicated e-mail address in the form of an electronic image of billing documents in particular such documents as: VAT invoices with attachments, corrective VAT invoices with attachments and forms. Submission by the Buyer of a statement regarding the VAT invoice is tantamount to giving consent to issue and sending of VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of 20 December 2012 on sending invoices in electronic form, the rules for their storage and the mode of making available to the tax or fiscal control authority.
§ 4 Payment of the price
1. The Buyer in the online shop has the opportunity to use the following forms of payment for purchased products: payment by bank transfer, payment by card, payment using a PayPal account,payment by using Klarna . The Buyer should pay for the order within 3 business days from the date of order confirmation. After this time, the order may be cancelled.
2. Payment by bank transfer is made after receiving an e-mail confirmation of the order placed on the account: 78 1750 1338 0000 0000 1177 2021 IBAN: PL, BIC SWIFT code: RCBWPLPW. When making a payment by bank transfer, the Buyer should indicate the order number in the title of the payment.
3. The payment by card is possible with the use of : Visa and MasterCard.
4. Payments by credit cards and e-transfer are being performed by Dotpay.pl
§ 5 Execution of order
1. The goods are delivered via a courier company. The shipment is insured and marked as "Fragile glass".
2. The goods are delivered on pallets. The price list for deliveries is different for individual countries of the European Union and is an attachment to these regulations.
3. Shipping takes place only on business days.
§ 6 Receipt of Goods
1. In the case of delivery of the Goods by courier, the Buyer should confirm the receipt of the Goods with his/her own hand and legible signature on the Bill of Lading, thus confirming the correctness of the service performed. If the Recipient is a legal person or an organizational unit without legal personality, the delivery should be confirmed by a person authorized to receive it.
2. All reservations regarding the performance of the service or the condition of the shipment should be entered on the Bill of Lading by the Buyer at the time of its acceptance. The Recipient is obliged to unpack and check the parcel in the presence of the courier. In the case when the package of the parcel is damaged, seals and / or protective tapes, or the product itself, as well as if the received product is incomplete, the Buyer may refuse to accept the delivery informing the courier about the reason for refusing to accept the delivery. In order to determine the liability of the carrier, the Shop recommends in this case to draw up a damage report in the presence of a courier company employee.
3. In the event of circumstances referred to in paragraph 1 above, the Buyer should immediately contact the management of the Online Shop to clarify the situation.
4. The refusal to accept the shipment in situations other than those indicated in the present paragraph, involves the burden of the Buyer with all costs related to the delivery and return of the goods.
§ 7 Complaints and warranty
1. The shop as a seller is liable under the warranty for defects in the scope specified in the Civil Code, in particular in art. 556 and art. 556  -556  of the Polish Civil Code.
2. The seller is liable under the warranty if the physical defect is found before the expiration of one year from the date of delivery to the buyer.
3. The claim to eliminate the defect or replace the item sold into the item free from defects expires after one year from the day the defect was discovered and the limitation period cannot end before the deadline specified in point 2 above.
4. Complaints arising from the infringement of the rights guaranteed by the Buyer or on the basis of these Terms and Conditions should be sent to: firstname.lastname@example.org. The Shop undertakes to review each complaint within 14 days, and if it was not possible, to inform the Buyer in this period, when the complaint shall be considered.
5. The shop is not the producer of goods. The producer is responsible for the warranty of the sold Goods on terms and for the period indicated in the warranty card. If the guarantee document provides for such a possibility, the Buyer may submit his / her claims under the guarantee directly to the authorized service center which address is included in the warranty card.
6. Despite making every effort, the Shop does not guarantee that the pictures presenting the offered products appearing on the shop's website do not contain dimensional and colour deviations from the actual product (e.g. differences in shades that may result from the lack of possibility to reflect the actual colour of the product or its part in the digital photo).
7. Due to the nature of the products offered by the Shop, the Buyer submitting the complaint should send the defective product back in a safe packaging at the expense of the buyer. The safe packaging should be understood as the packaging of the goods in a layer of paper and / or bubble wrap which is inserted in a cardboard box in such a way that the goods cannot move in it.
8. The Buyer agrees that all correspondence regarding the purchased goods, including in particular the correspondence on possible non-compliance of the goods with the contract, was sent to the e-mail address of the Buyer indicated during registration. Sending an e-mail to the address referred to in the previous sentence is considered effective delivery upon its delivery to the server of the Buyer.
9. Notwithstanding the provisions of points 1 to 8 of this paragraph, the products may have a manufacturer's, importer's or seller's warranty applicable in Poland. If such a guarantee is granted, then the time of guarantee for each product appears in its description on the website of the online shop. The detailed conditions for the performance of guarantee service are specified in the guarantee form issued by the guarantor, made available in the "guarantees" tab in the description of each product. Some products have guarantees carried out directly by authorized service points of producers. The exact addresses of service centers can be found on the warranty cards attached to the products and on the manufacturers' websites.
§ 8 Withdrawal from the contract - electronic return form
- Client who is a Consumer, who has concluded a Distance selling contract may withdraw from it within 14 days without giving any reason. In case of withdrawal from the Distance selling contract - the contract is considered as not concluded.
- A natural person who is running a sole proprietorship making a non-professional purchase shall also have the right to withdraw from the contract on the rules specified in chapters 6 and 7 of these Terms and Conditions.
- The Merchant shall verify the right to submit a statement of withdrawal from the Contract by the person referred to in point 2. Verification is conducted by checking whether the concluded contract is not of a professional nature for this person - which in particular is conducted by analysing the PKD codes indicated in the Central Registration and Information on Business.
- In the case of recognizing that the purchase of the goods made by a person running a sole proprietorship in the Store was of a professional nature - the Merchant shall immediately, i.e. no later than within 3 working days from the receipt of a statement of withdrawal - inform the person making the statement, that due to the professional nature of the purchase made - he/she is not entitled to withdraw, and therefore the statement of withdrawal from the contract- shall not have legal effects. If, together with the statement of withdrawal, a physical return of the goods has been made - the goods shall be sent back at the expense of the person making the statementand to the address previously specified in the order. The Merchant's reply shall be given using the same method as the one used by the person making the statement.
- In the case of withdrawal from the contract - the Consumer bears only the direct costs of returning the Goods.
- The Consumer's statement must unequivocally express his will to withdraw from the contract; in particular the Consumer may:
- Use the Electronic return form available on the website of the Online Shop: https://ecoglassworks.com/returns-open.php. The Seller shall immediately confirm on a durable medium the fact of receiving the statement of withdrawal from the contract submitted through the above mentioned form.
- Withdraw from the contract using the withdrawal form, which is Attachment No. 2 - by sending it to the address of the Seller’s registered office.
- Sthe Seller shall immediately confirm on a durable medium the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in 1 and 2 above.
- To meet the deadline it is sufficient to send the statement before its expiry.
- The period for withdrawal from the contract shall begin:
- for the contract in performance of which the Seller issues an item, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party indicated by the Consumer to another carrier, and in the case of a contract which:
- includes many items, which are delivered separately, in batches or parts - from taking possession of the last item, batch or part;
- consists in regular delivery of goods for a fixed period of time - from taking possession of the first item;
- for other contracts - from the date of conclusion of the contract.
- for the contract in performance of which the Seller issues an item, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party indicated by the Consumer to another carrier, and in the case of a contract which:
- Form of the declaration of withdrawal from the contract (Attachment No. 2 to these Regulations) and information on exercising the right of withdrawal from the contract (Attachment No. 1 to these Regulations) shall be provided to the Consumer in the electronic form indicated in paragraph 3 point 8 of these Regulations.
- Right to withdraw from the Distance selling contract is not available to the Consumer in relation to the contracts refffered to in Article 38 of the polish Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, that includes contracts:
- where the price or remuneration depends on fluctuations in the financial market, over which the trader does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the contract;
- where the subject of the service is an unprocessed item, produced according to the Client's specifications or serving to satisfy his individual needs;
- whose subject of the service is an item delivered in sealed packaging, which cannot be returned for health protection or for hygienic reasons, if the packaging was opened after delivery;
- whose subject of the service is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- for the supply of digital content and electronic licenses that are not stored on a durable medium, if the performance began with the Consumer's express consent before the expiry of the deadline for withdrawal and after the trader informs him of the loss of the right of withdrawal;
- the object of which is an item that is subject to rapid deterioration or has a short period of useful life, and in which the object of performance is an item that, after delivery, is inseparably connected with other items due to its nature;
- for the supply of newspapers, periodicals or magazines, except for the subscription agreement;
- concluded by public auction;
- for the provision of accommodation services other than for residential purposes, carriage of Goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
- where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and whose delivery can only take place after 30 days and whose value depends on market fluctuations, over which the entrepreneur has no control;
§ 9 Cancelling orders accepted for execution
1. Online shop may cancel the order if:
a) the data given in the order form are not complete and contact with the Buyer is impossible;
b) the amount due for the order shall not be credited to the Online Shop account for up to 7 calendar days from the date of receipt of the order confirmation by the Buyer. If the payment is made within the last two days (day 6 and 7), the Buyer should notify the shop about the situation;
c) The Buyer has placed at least 2 orders in the last 6 months, which were subsequently cancelled due to the fault of the Buyer, or the goods were not collected.
1. The Buyer may cancel the order by e-mail or in writing in the case of:
a) not receiving the ordered product after 14 working days from the moment of confirming the order for execution,
b) the inability of the online shop to process the order in its original form. If the order is cancelled, if the amount due had already been paid, the online shop returns it to the Buyer. The payment shall be credited to the bank account indicated by the Buyer. The payment shall be made within 14 calendar days from the date of receipt by the online shop of an electronic message with the Buyer's bank account number.
§ 10 Personal Data
3. The Seller undertakes to protect personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter referred to as "RODO") and the Act on the provision of electronic services of July 18, 2002. The Buyer giving his/her personal data to the Seller when placing the order agrees to its processing by the Seller in order to complete the order. Data processing in this scope is done:
a) to do the performance of contracts concluded with clients (including, inter alia, the execution of orders, settlements or delivery of purchased goods). The basis for processing is indispensability to perform the contract (Article 6 (1) (b) of the RODO);
b) to handle complaints and any other requests. The basis for processing is the justified interest of the Data Administrator (Article 6 (1) letter f of RODO), consisting in securing information on cooperation to service of any claims;
c) for analytical or statistical purposes. The legal basis of the processing is the justified interest of the Data Administrator (Article 6 paragraph 1 point f of the RODO), which consists in using financial and sales analyses for internal reporting and determining optimal directions of company development;
d) to direct marketing content to third parties by the Data Administrator. The legal basis for data processing is the justified interest of the Data Administrator (Article 6 paragraph 1 letter f) of the RODO) consisting in the submission of offers and cooperation proposals for regular and potential clients who agreed to have such offers submitted in the form of a newsletter.
1. The Buyer may view, correct, update and delete his/her personal data at any time.
§ 11 Wholesale purchases
Entities that want to join the wholesale purchase programme should:
a) Send a scan of the entry in the business register or a printout from the Central Register of Information on Business Activity (www.ceidg.gov.pl) or a copy from the National Court Register to the address of email@example.com . The account shall be activated within one or two business days after the data is verified by the Online Shop.
b) Free shipping cost of goods is valid for orders which value equals or exceeds 1200 gross.
c) The delivery time depends on the availability of ordered products.
d) If some of the goods covered by the order are unavailable, the Buyer is informed about the status of the order and makes decisions about the manner of its implementation (partial implementation, extension of waiting time, cancellation of the whole order).
e) Orders placed via the website www.ecoglassworks.com shall be carried out according to the order of placing orders.
f) We deliver ordered goods by means of specialized courier companies. The Buyer is charged for delivery costs specified in the transport pricelist. In the case of wholesale purchases, the fees specified in § 5 of the Regulations shall be determined individually.
g) There is a possibility of personal collection, after making prior notification of the Online Shop.
h) The shop conducts a rebate policy for Buyers. The amount of rebates is determined individually for each Buyer and depends on the size of sales achieved by the contractor.
Discounts in the Ecoglassworks.pl store are granted only for products currently available. If the product is not available and we have to produce it, the discount is set individually.
§ 12 Final provisions
1. Descriptions of products and their photos come from the database owned by the Online Shop, therefore, it is prohibited to commercially use published descriptions of products and their photos under the sanction of liability for damages provided for in the relevant legal regulations.
2. In matters not settled, relevant provisions of the generally applicable law apply.
3. These regulations are effective from 25.06.2018.