Terms and conditions of online shop
TERMS AND CONDITIONS OF THE EUROFRANCE ONLINE SHOP
Effective from 17.02.2024.
I. Definitions
Terms used in the Rules and Regulations shall mean:
- EuroFrance - owner of the Internet Shop offering sale of the Goods via the Internet Shop, i.e. EUROFRANCE Marcin Bednarczyk i Konrad Kruczek Sp.K. with the registered office in Bielsko-Biała NIP: 9372219834 REGON: 072195068;
- Customer - a natural person, a legal person or an organisational unit that is not a legal person but to which specific provisions grant legal capacity, who places an Order from the Online Shop. The Customer is also a Consumer;
- Consumer - a natural person making a legal transaction not directly related to his/her economic or professional activity, or a natural person concluding an Agreement directly related to his/her economic activity, which does not have a professional character for that person, in particular due to the subject of his/her economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity;
- Product - the Goods or Digital Goods available on the Website;
- Civil Code - the Act of 23 April 1964, the Civil Code;
- Warranty - the liability of EuroFrance vis-à-vis the Customer who is not the Consumer for a physical or legal defect in the Goods, as expressed in the Civil Code;
- Consumer warranty - the liability of EuroFrance towards the Consumer for non-compliance of the Goods with the Contract expressed in the Consumer Rights Act;
- Privacy policy - a set of general conditions and rules for the processing of personal data and other information processed by EuroFrance in relation to the use of the Internet Shop;
- Rules andRegulations - these Rules and Regulations of the EuroFrance Internet Shop specifying the general terms and conditions of sale of Goods and rules for electronic provision of services within the framework of the Internet Shop;
- Online shop - internet service available at https://www.eurofrance24.com/ enabling the Customer to purchase the Goods offered by EuroFrance;
- Goods - the products presented in the Online Shop by EuroFrance;
- Contract - a contract for the sale of Goods, as defined by the Civil Code, concluded between EuroFrance and the Customer using the Online Shop;
- Consumer Rights Act - Act of 30 May 2014 on consumer rights;
- Act on the provision of services by electronic means - Act of 18 July 2002 on the provision of services by electronic means;
- Order - the declaration of will of the Customer aiming directly at the conclusion of the Contract, specifying in particular the type and number of Goods.
II. General provisions
The Terms and Conditions set out the rules for the use of the Online Shop.
The Rules and Regulations are the rules and regulations referred to in Article 8 of the Act on Provision of Electronic Services.
The online shop contains a catalogue of Goods available for purchase by the Customer.
The Regulations set out in particular:
- rules for registration and use of a user account within the Online Shop;
- terms and conditions for placing electronic Orders through the Online Shop;
- rules for the conclusion of Contracts using the Online Shop.
The use of the Online Shop is possible on the condition that your computer system meets the following minimum technical requirements: Internet Explorer version 8.0 or later with JavaScript and cookies enabled or Mozilla Firefox version 3.0 or later with JavaScript and cookies enabled or Google Chrome version 10 or later with JavaScript and cookies enabled.
The customer can access the Terms and Conditions at any time via the website https://www.eurofrance24.com/.
III. Rules of using the Internet Shop
Registration (creation of an account) within the Online Shop is optional. The Customer may place an Order without registering with the Online Shop.
By placing an Order without registering with the Online Shop, the Customer accepts the Terms and Conditions and Privacy Policy.
Registration takes place by creating an account via a dedicated form available in the Online Shop.
Registration is subject to the provision of personal data marked as mandatory.
With registration, the Customer agrees to the provisions of the Terms and Conditions and Privacy Policy.
EuroFrance may deprive the Customer of the right to use the Internet Shop and may also restrict access to the Internet Shop with immediate effect in the case of violation of the Regulations or legal provisions by the Customer, and in particular when:
- you have provided incorrect, inaccurate or out-of-date information when registering with the Online Shop, which is misleading or infringes the rights of third parties;
- the personal rights of third parties have been infringed via the Online Shop;
- any other behaviour which is considered by EuroFrance to be in breach of current legislation or the general principles of Internet use or detrimental to the company's reputation.
In particular, the customer is obliged to:
- use the Internet Shop in a manner compliant with the laws in force in the Republic of Poland, with the provisions of the Rules and Regulations and with the general principles of Internet use;
- not to provide or transmit content which is prohibited by law, e.g. content which promotes violence, is defamatory or infringes the personal rights and other rights of third parties;
- use the Online Shop in a manner that interferes with its functioning, in particular through the use of specific software or devices;
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Shop;
- not to use the Online Shop in a way that is disruptive to others;
- to use any content posted within the Online Shop for their own personal use only.
A limited number of Goods may be intended for promotional sales and sales. Orders are fulfilled in the order in which confirmed orders for these Goods are received.
A Contract will also be concluded in the event that the digital Goods are made available to the Customer in exchange for the transfer of the Customer's personal data (usually by subscribing to a newsletter) for the previously indicated processing purpose. The contract of this type is deemed concluded at the moment of making the data available. In such a situation, the provisions of the Terms and Conditions will apply analogously to a Contract in which payment for the Goods is made in money. In the event that the Customer wishes to purchase the Digital Goods but does not wish to share his/her personal data in exchange for the Digital Goods, EuroFrance invites you to contact him/her directly in order to determine the price in exchange for the Digital Goods.
IV. Procedure for conclusion of the Agreement
In order to conclude a Contract via the Online Shop, it is necessary to enter the Online Shop and make a selection of Goods, taking subsequent technical actions based on the messages displayed to the Customer and information available within the Online Shop.
The selection of the ordered Goods by the Customer is made by adding them to the shopping basket.
During the process of placing the Order - until the moment of pressing the button confirming the Order placement - the Customer has the possibility of modifying the entered data and the selected Goods. In order to do so, the Customer should be guided by the messages displayed to him/her and by the information available within the scope of the Internet Shop.
After the Customer using the Online Shop has entered all the necessary data, a summary of the Order placed shall be displayed. The summary of the Order placed shall contain, inter alia, a description of the selected Goods, the total price and all other costs.
In order to carry out the Order, it is necessary to provide personal data marked as mandatory and to press the button confirming the Order.
The sending of the Order by the Customer constitutes a declaration of intent to conclude a Contract in accordance with the provisions of the Regulations. The Contract is deemed to be concluded at the moment of confirmation of the Order by EuroFrance. The Customer will receive a return e-mail containing confirmation of all significant elements of the Order. The confirmation of the Order shall also be deemed to be the dispatch of the Order by EuroFrance.
The contract shall be concluded in the Polish language, subject to Polish law and the jurisdiction of the Polish courts.
V. Delivery
Delivery is possible in accordance with the information provided under "Payment and delivery" and "Order processing" or displayed during the Order process.
Delivery costs are to be borne by the customer.
The delivery period depends on the actions taken by the courier company and is calculated from the date on which EuroFrance sends confirmation of the Order.
Damage to the Goods caused during delivery shall be charged to the courier company, except where the Goods were defective before being handed over to the courier company for delivery.
In the event of defects or shortages in the Goods, the defect or shortage found must be reported immediately to the courier company.
VI. Prices and payment methods
The prices of the Goods are quoted in Polish zloty and include all components, including VAT, customs duties and any other components.
The Customer has the option to pay the price in accordance with the information provided in the "Payment and delivery" tab or displayed during the Ordering process.
VII. Right of withdrawal
Applies to the Consumer:
The Consumer has the right to withdraw from the Contract. The withdrawal period shall expire 14 days after the day on which the Consumer has taken possession of the Goods or on which a third party other than the courier company has taken possession of the Goods on behalf of the Consumer.
In order to exercise the right of withdrawal, the Consumer must address his/her statement of withdrawal in writing to EuroFrance or via the form available at: https://www.eurofrance24.com/return. The model withdrawal form is attached as a separate appendix to the Terms and Conditions.
In the event of withdrawal from the Agreement, all payments received from the Consumer, including the costs of delivering the Goods (except for the additional costs resulting from the delivery method chosen by the Consumer other than the cheapest delivery method offered by EuroFrance) shall be reimbursed immediately and, in any event, no later than 14 days from the day on which EuroFrance is informed of the withdrawal from the Agreement. Reimbursement shall be made using the same means of payment as those used by the Consumer in the original transaction, unless the Consumer expressly agrees to another means of reimbursement. EuroFrance shall be entitled to withhold the reimbursement of the payment until the Goods have been received and have been established to be in good condition before the sale.
The right of withdrawal does not apply to the Contract:
- where the object of the performance is a non-refabricated good made to the Consumer's specifications or to meet the Consumer's personalised needs;
- in which the object of the performance is Goods which after delivery are inseparable from other products due to their nature;
- for Goods with defects, damages or other irregularities as described in the description of the Goods, which the Consumer has had the opportunity to acquaint himself with and has accepted prior to the purchase.
VIII. Complaints about Goods
Applies to the Consumer:
EuroFrance is obliged to deliver the Product in conformity with the Contract.
EuroFrance, for the purpose of carrying out the delivery, allows the Customer to choose the supplier and it is therefore the Customer's responsibility to carefully examine the correctness of the packaging and the content of the consignment with regard to possible damage in transit. The rules of conduct regulated by the respective courier company will apply to the delivery in question, subject to the general rules of the law of carriage, i.e:
- if, before handing over the consignment, it transpires that it has suffered loss or damage, the carrier shall, at the request of the Customer, immediately establish by way of protocol the condition of the consignment and the circumstances under which the damage occurred;
- if a defect or damage that could not be outwardly noticed upon receipt is discovered only after delivery, the carrier is obliged to determine the condition of the consignment at the request of the Customer reported immediately after discovery of the damage, but no later than within 7 days of receipt of the consignment;
- In such a situation, the damage report will form the basis of any claims.
If the Goods received are not in conformity with the Contract at the time of delivery, the Consumer may exercise their rights under the Consumer Warranty.
Any irregularities must be reported within 14 days of delivery of the Goods to the e-mail address provided for contact.
The Consumer Warranty is granted for a period of two years from the date of delivery of the Goods, and in cases where the Goods are a second-hand item and the law allows for a shortened Consumer Warranty for a period of one year from the date of delivery of the Goods.
In order to make use of the Consumer Warranty, a complaint must be made specifying the nature of the non-conformity with the Contract and stating the demand.
- The consumer can:
- demand that the Goods be replaced with new ones;
- make a declaration to reduce the price or withdraw from the Contract when:
- bringing the Goods into conformity with the Contract is impossible or requires unreasonable costs;
- EuroFrance has not brought the Goods into conformity with the Contract in accordance with point 1;
- the non-conformity of the Goods with the Contract continues even though EuroFrance has tried to bring the Goods into conformity with the Contract;
- the non-conformity of the Goods with the Contract is such as to justify either a reduction in price or withdrawal from the Contract without first availing of the remedy set out in point 1;
- it is clear from EuroFrance's statement or the circumstances that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer.
EuroFrance shall respond to the Consumer's request without delay, but no later than within 14 days of receipt of the letter of complaint.
The Consumer will be informed of the outcome of the complaint in the same manner in which he or she sent the complaint.
EuroFrance is excluded from liability in the event of an accident:
- mechanical defects of the Goods caused by persons for whom EuroFrance is not responsible;
- misuse;
- incorrect installation;
- failure to report irregularities within 14 days.
IX. Warranty on sale of Goods
EuroFrance may, as part of a specific offer, specify its liability on the basis of the guarantee provided. The warranty period is specified separately for the Goods within the Goods specification.
Complaints submitted by the Consumer without specifying the basis of the complaint (warranty or guarantee) will be dealt with on the basis of the EuroFrance guarantee.
The Goods should be claimed using the form available within the "Returns / Complaints" tab.
X. Digital security
EuroFrance takes care of the digital security of the webshop while respecting the users' right to use the functionalities of the webshop and to express their opinion or act according to their own choices.
The content and functionalities available in the Online Shop are not presented based on dedicated functionalities allowing the selection of sorting rules of the positioning by distinction type. However, the User may personally sort the Goods in the Online Shop according to his/her own choices and preferences.
All choices made on the Website are based on the user's own decisions.
EuroFrance does not use algorithms in the decision-making process of the Online Shop.
The webshop does not display advertising content. If, on the other hand, EuroFrance decides to display advertisements to users, then the advertisements will be displayed in accordance with the user's choices regarding the processing of cookies or browser settings. Where the user has consented to the personalisation of the content, the advertisements displayed will be adapted to the user's preferences as determined on the basis of their activity in the Webshop. Where the user has not consented to the personalisation of advertising content, the advertisements displayed will not be personalised and will be based on the advertising displays prepared for the general user.
Any user visiting and using the Online Shop has the possibility of sending a report regarding content within the Online Shop that is unlawful or in breach of the Terms and Conditions by sending an e-mail to the address designated as the contact point indicated in the Online Shop's contact section - "regarding digital infringement". The reporting person should, if possible, provide information that allows the Owner to verify the report of infringement, in particular an explanation of the reasons why the reporting person considers the content in question to be unlawful or in breach of the Terms and Conditions and his/her contact details to be answered.
Prohibited content is deemed to be content which infringes upon the rights of third parties, content which is unlawful, which promotes violence, discrimination, unequal treatment of a racist nature or which otherwise infringes upon personal rights.
EuroFrance reserves the right to suspend a user or to moderate the content published in the Online Shop in the event of infringement of the above-mentioned provisions of the law or of the Regulations, including the use of bots, account registrations, illegitimate requests for payment, sending messages which constitute phishing, phishing for personal data, providing false information or information which infringes the rights of third parties.
Content moderation can manifest itself through:
- refusal to publish content
- deletion of content
- preventing access to content
- content deposition
- limitation or exclusion of monetisation of content
- suspension or termination of the service to you
- suspension or closure of the user's account.
EuroFrance's decision will be based on an assessment of the situation and circumstances in compliance with the applicable legislation. Each case will be analysed and assessed individually, without the use of automated processes.
Any person about whom a decision will be taken by the Owner will be notified with reasons.
In the event that the user does not agree with a decision by EuroFrance, the user is entitled to lodge an appeal within 14 days of notification of the decision, stating the reasons for the user's position. EuroFrance will reply to the appeal within 14 days. EuroFrance's position in the response to the appeal is final.
The User also has the right to resolve data security issues on the Online Shop through a suitable entity certified by the Electronic Services Coordinator.
Each person making a declaration is subject to legal protection and their data and exchanges of correspondence with EuroFrance are subject to confidentiality without any right of access by unauthorised persons.
XI. Complaints regarding provision of electronic services and operation of the Internet Shop
EuroFrance endeavours to ensure that the web shop operates correctly to the extent required by the current technical knowledge and undertakes to rectify within a reasonable period of time any irregularities reported by customers.
The Customer may notify EuroFrance of any malfunctions or interruptions in the functioning of the Online Shop. Any irregularities related to the functioning of the Internet Shop should be reported by e-mail to: poczta@eurofrance24.com.
In a complaint concerning irregularities in the functioning of the Online Shop, it is reasonable to indicate the type and date of the irregularity.
EuroFrance undertakes to respond to the complaint without delay, but at the latest within 14 days of its submission.
XII. Out-of-court complaint and redress procedures
EuroFrance allows the use of out-of-court complaint and redress procedures. The use of out-of-court complaint and redress procedures is voluntary and can only take place if both parties to the dispute agree to it.
The consumer may apply to the Trade Inspection pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection for the initiation of proceedings for out-of-court settlement of consumer disputes concerning the concluded Agreement.
The consumer may also apply for the dispute concerning the concluded Agreement to be recognised by a permanent arbitration court operating at the relevant provincial inspectorate of the Trade Inspection pursuant to Article 37 of the Act of 15 December 2000 on the Trade Inspection.
The European Commission also provides a platform for online dispute resolution between consumers and traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
Detailed information on the settlement of consumer disputes, including the possibility for the Consumer to use out-of-court procedures for handling complaints, pursuing claims and the rules of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the UOKIK's website address: https://uokik.gov.pl/spory_konsumenckie.php.
XIII. Protection of personal data
EuroFrance, in relation to the Customer's use of the Online Shop, acts as a personal data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC responsible for the protection of the Customers' personal data.
Personal data will be processed for the proper performance of the Contract (which is the performance of contractual obligations, providing contact, establishing, asserting or defending against claims, archiving data, accounting settlements, conducting complaint proceedings) with the Customer.
The recipients of the personal data will be:
- service providers who provide EuroFrance with technical and organisational solutions to manage the EuroFrance organisation (in particular courier and postal companies, IT service providers);
- the entity operating the Internet payment system indicated in the payment methods section displayed during the Order placement (PayU S.A. ul. Grunwaldzka 186 60-166 Poznań NIP: 779-23-08-495; PayPal (Europe) S.à r.l. & Cie S.C.A with registered office at L-1150 in Luxembourg);
- a provider of legal and advisory services and support to EuroFrance in the recovery of claims;
- other entities providing services to EuroFrance or entrusted by EuroFrance with the processing of data on the basis of a separate entrustment agreement.
The personal data will be kept for the period necessary for the performance of the Contract and, after its termination or expiry, for the period of limitation of claims in accordance with applicable law.
The customer has, depending on the circumstances and the grounds for processing, the right of access to the content of his/her data and the right to rectification, erasure, portability, restriction of processing, the right to object, the right to withdraw consent.
The Customer has the right to lodge a complaint with the PUODO (Office for the Protection of Personal Data, ul. Stawki 2 00-193 Warsaw) if it considers that the processing of personal data concerning the Customer by EuroFrance breaches the provisions on the protection of personal data.
The provision by the Customer of the personal data required for the respective Order is a contractual condition. The provision of such data is voluntary, but necessary to achieve the intended purpose.
The provisions of the Privacy Policy shall also apply to Customers with regard to the processing of their personal data in connection with the use of the Online Shop.
For further information on the processing of Customers' personal data via the Online Shop, we refer to the content of the Privacy Policy available at: https://www.eurofrance24.com/privacy.
XIV. Liability. Force majeure
EuroFrance is not bound to verify the correctness of the Customer's Order or any other information provided by the Customer relating to the specifications of the Goods and the Order. The Customer is responsible for the aforementioned information provided to EuroFrance.
The Parties shall be exempt from liability under the Contract to the extent it is a result of force majeure circumstances understood as an event of external, accidental or natural (natural) nature, in particular events of catastrophic nature, acts of nature and extraordinary events in the form of disturbances of collective life, such as war, domestic riots, epidemics, quarantines, mobilisation, lock-outs, time or territorial restrictions on movement, or in the form of disruptions of a private nature connected with the uninterrupted supply of the Goods or the performance of the Order, such as interruptions in the supply of electricity and other consumables, interruptions in the supply of the Internet or digital connections, if without their supply the performance of the Contract is significantly impeded or impossible, interruptions in the supply of the Goods, materials and components of the Goods for reasons beyond the control of EuroFrance, system failures, incorrect, disrupted or interrupted migration of data relating to the Goods, or interruptions in the performance of the Contract for reasons beyond the control of EuroFrance. Goods.
The Party in which an impediment to the performance of its obligations under the Agreement has arisen shall be obliged to notify the other Party of the occurrence or cessation of the circumstances described in paragraph 2.
If the circumstances described in paragraph 2 do not cease to exist, or if it is impossible to determine when the circumstances described in paragraph 2 cease to exist, either Party shall be entitled to terminate the Agreement with immediate effect, in which case neither Party shall be entitled to claim compensation from the other Party.
The Customer shall be obliged to reimburse EuroFrance for any costs, damages or property charges incurred by EuroFrance as a result of the non-performance or improper performance of the Contract by the Customer.
If the legal provisions generally applicable to Consumers on the date of the event in question provide for more favourable conditions of liability than those regulated in the Regulations, EuroFrance undertakes to apply to Consumers the most favourable conditions, however, not inferior to those provided by law.
XV. Final provisions
The competent court for disputes with Consumers shall be the court with jurisdiction according to the applicable general law.
The settlement of any dispute arising between EuroFrance and a Customer who is not a Consumer shall be submitted to the competent court for the seat of EuroFrance.
In matters not regulated by these Terms and Conditions, the provisions of applicable Polish law shall apply. In the event of any contradictions between these Terms and Conditions and the rights of Customers and provisions arising from universally applicable laws, the universally applicable provisions of Polish law shall apply.
Annex. Model withdrawal form
[this form must be completed and returned only if you wish to withdraw from the Contract].
*encouraged to use the form available at: https://www.eurofrance24.com/return
Addressee [enter here the name of EuroFrance, full postal address and, if available, telephone number and e-mail address]:
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I/We(*) hereby give notice(*) of my/our withdrawal from the contract of the following items(*):
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Date of contract(*)/acceptance(*):
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Name of the declarant:
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Address of the declarant:
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Signature of the declarant:
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Date the form was completed:
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(*) Delete as appropriate.