Regulations of the online store

§1 General provisions

1. This regulation governs the rules for using the Internet Store operated under the address www.sklep.egum.eu.
   
   
2. The internet store, operating under the address www.sklep.egum.eu (hereinafter referred to as "EGum.eu Internet Store"), is run by ElastoGum Sławomir Pieniek, registered in the Central Register of Economic Activity maintained by the Ministry of Development with its registered office at Pl. Trzech Krzyży 3/5; 00-507 Warsaw, NIP: PL8821063678, REGON: 021138937 (hereinafter referred to as "ElastoGum").
   
   
3. The contact details of the entrepreneur enabling the Buyer to contact the Seller are as follows:
   
   
   1. postal address: Wilczyce ul. Dworska 11; 51-361 Wrocław 10,
      
      
   2. correspondence: ElastoGum skr. poczt. Nr. 2277; 51-311 Wrocław 10;
      
      
   3. phone and fax number: tel./fax: +48 71 399 03 00,
      
      
   4. e-mail address: biuro.elastogum.pl.
      
      
4. The EGum.eu Internet Store regulations are continuously posted on the website www.sklep.egum.eu/1-regulamin-sklepu in a way that allows Customers to obtain, reproduce, and store its content. The regulations are also made available to Customers before concluding a contract.

§ 2 Definitions

The terms used in this regulation mean:

1. Consumer - a natural person within the meaning of Article 221 of the Civil Code,
   
   
2. Entrepreneur acting as a consumer - a natural person who concludes a contract directly related to their economic activity, when the content of that contract shows that it does not have a professional character for that person, resulting in particular from the subject of their economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity,
   
   
3. Entrepreneur - means a natural person, legal person or organizational unit not being a legal person, which has legal capacity, carrying out business or professional activity on its own behalf and carrying out a legal transaction directly related to its business or professional activity,
   
   
4. Service Provider/Seller - EGum.eu entered into the Central Register and Information on Economic Activity as ElastoGum Sławomir Pieniek; Wilczyce ul. Dworska 11; 81-361 Wrocław,
   
   
5. Online store - an online store operated at www.sklep.egum.eu by ElastoGum.
   
   
6. Civil Code - the Act of April 23, 1964 (Journal of Laws of 2020, item 1740),
   
   
7. Goods and Services - all services provided and goods that are the subject of a sales agreement between the seller and the buyer.
   
   
8. Regulations - these regulations for the provision of electronic services within the meaning of Article 8 of the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2020, item 344).
   
   
9. Client/Buyer - a natural person, legal person or organizational unit not being a legal person, which has legal capacity, who makes or plans to make an Order within the Online Store using an electronic means of communication, including also a Consumer, an Entrepreneur acting as a consumer and an Entrepreneur.
   
   
10. Order - a declaration of the Client's will in which the Client accepts the Seller's sales offer, which includes in particular the price, type, quantity of Goods or Services within the framework of the sales contract concluded through the online store.
    
    
11. Consumer Rights Act - the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2020, item 287).

§ 3 Rules of using the online store

1. The prices of all goods and services offered by the Store are gross prices (including VAT) and are expressed in Polish zlotys. Deviations from the Polish currency rule are clearly marked.
   
   
2. The prices displayed on the EGum.eu online store website, as well as the descriptions of goods and services, are only commercial information and not an offer within the meaning of the Civil Code. Their binding nature - for the purpose of concluding a specific agreement - is only acquired at the moment of confirmation of the acceptance of the order for implementation by the Seller.
   
   
3. The Seller uses discount codes in the EGum.eu online store entitling to purchase goods with a discount listed on the coupon. Discount codes are not exchangeable for cash.
   
   
4. Acceptance of these Terms and Conditions is necessary to place an order in the EGum.eu online store.
   
   
5. To effectively place an order in the EGum.eu online store, it is necessary to have a device with internet access enabling browsing of websites, as well as a keyboard or other device enabling proper completion of electronic forms. It is recommended to use the latest versions of internet browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.
   
   
6. The online store website uses Responsive Web Design (RWD) technology, which adjusts the content of the page to the device on which it is displayed. The store website is prepared for display on both desktop computers and mobile devices.
   
   
7. The EGum.eu online store website has an SSL certificate - a secure communication encryption protocol.

§ 4 of the regulations describes the conditions for entering into a sales agreement

1. Orders in the EGum.eu online store can be placed by filling out appropriate forms available on the store's website.
   
   
2. During the ordering process, the customer is obliged to provide accurate personal data, including their name, address, email address, and mobile phone number.
   
   
3. After receiving the order, the Seller confirms its receipt and informs the customer of accepting the order for implementation. The confirmation of the order is made by sending an appropriate email message to the address provided in the order form. The sales agreement is considered concluded upon the Seller's confirmation of the order.
   
   
4. The content of the sales agreement is made available and recorded by providing this regulation on the online store's website and sending relevant information to the customer's email address provided during the order, as described in §4 point 4.2.
   
   
5. It is possible to place orders in the EGum.eu online store 24 hours a day, seven days a week, throughout the year.

§ 5 Payment method and payment date

1. In the EGum.eu store, it is possible to pay in one of the following ways:
   
   
   • transfer to the Seller's bank account,
   • cash on delivery,
   • cash payment upon collection.
   • through the payment services of third-party providers.
     
     
2. After placing the order, the Customer receives by e-mail a bank account number to which the correct amount should be transferred. As soon as the payment is credited to the bank account of the EGum.eu store, the order is sent for execution.
   
   
3. The EGum.eu online store currently does not allow payments using the installment and leasing systems.
   
   
4. The EGum.eu online store enables payment via the following external electronic payment services, such as:
   
   
   • DotPay
   • PayU
   • PayPal
   • Przelewy24
     
     
5. The customer is obliged to make the payment using one of the above-mentioned methods within 7 calendar days from the date of conclusion of the sales contract.
   
   
6. If you choose payment on delivery (when such an option is possible for a given product), the customer is obliged to make the payment upon receipt of the shipment.

§ 6 Delivery

1. The ordered goods are delivered only within the territory of the Republic of Poland and this is done to the address indicated by the Customer in the order form.
   
   
2. The shipping time of the goods is marked on the EGum.eu Online Store website and is usually 48 hours. The seller will make every effort to ensure that the delivery of the goods takes place within the time specified in the product card in the online store. If it is impossible to deliver the goods within the above-mentioned time, the Buyer will be informed immediately.
   
   
3. The delivery of the ordered Goods takes place through one or several available suppliers, depending on the type of shipment and the method of its delivery:
   
   
   • DPD courier
   • ANOTHER supplier by prior arrangement. Including collection organized by the recipient and at his expense, e.g. a courier company with which the recipient has a contract.
4. At the time of handing over the Goods to the courier company, the Buyer is notified of this fact by sending an e-mail to the address provided in the order.
   
   
5. The customer may also pick up the ordered goods in person at the headquarters of EGum.eu. In the case of personal collection, the buyer does not bear the costs of delivery of the goods.
   
   
6. The costs of delivering the Goods, which, in addition to the price for the Goods, are borne by the Customer, are provided on the Store's website when placing the Order.
   
   
7. The cost of delivery of goods in the case of choosing cash on delivery is fully covered by the Customer.
   
   
8. Upon receipt of the goods, the Customer is obliged to confirm its receipt. From now on, the goods become the property of the customer.

§ 7 Withdrawal from the contract

1. The Buyer, who is a Consumer or Entrepreneur with consumer rights, who has concluded a distance or off-premises sales contract, has the right to withdraw from the concluded sales contract within 14 days from the date of receipt of the goods, without giving any reason.
   
   
2. In case of exercising the right mentioned in the preceding paragraph, the Buyer should inform the Seller by submitting a statement of withdrawal on a form made available to him by the Seller, which can be sent by post to the address: ElastoGum P.O. Box 2277; 51-311 Wrocław 10, or electronically using an electronic form of withdrawal from the contract sent to the seller's email address: biuro@egum.eu. To meet the deadline, it is enough to send the statement before it expires. A statement of withdrawal submitted after the deadline specified in § 7 point 7.1 has no legal effect.
   
   
3. The form of the statement of withdrawal from the contract (Annex No. 1 to these Regulations) is provided to the Buyer in paper form (in the documentation attached to the shipment), or in electronic form (as an attachment to the electronic correspondence confirming the acceptance of the order for execution).
   
   
4. In the case of submitting a statement of withdrawal by the Consumer or Entrepreneur with consumer rights electronically via the electronic withdrawal form, the Seller shall immediately send a confirmation of receipt of the statement of withdrawal from the contract (on a durable medium within the meaning of Article 2 point 4 of the Act of May 30, 2014 - on consumer rights).
   
   
5. The cost of returning the goods, except in the situation referred to in Article 33 (i.e. in the case of additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store) and Article 34 (2) of the Act of May 30, 2014, on consumer rights, shall be borne by the Seller.
   
   
6. The Buyer is obliged to properly secure the returned goods to prevent their damage during transport (direct cost of returning the item - in accordance with Article 34 (2) of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2017, item 683)). The Consumer or Entrepreneur with consumer rights bears the direct costs of returning the goods.
   
   
7. The Consumer or Entrepreneur with consumer rights is obliged to return the item immediately, but not later than within 14 days from the date of withdrawal from the contract. The Seller may reserve the right to collect the item subject to return himself or through a person authorized by him in case of withdrawal from the contract.
   
   
8. If the delivered goods are incomplete or show signs of use beyond ordinary management of the item, the Seller reserves the right to refuse to accept the shipment or to reduce the amount returned by the value of the damaged goods.
   
   
9. In the event of withdrawal from the contract, all payments made by the Buyer, including the delivery costs, shall be transferred to the Buyer's bank account immediately, and in any case not later than within 14 days from the date of receipt of the statement of withdrawal.

10. The seller declares that the refund mentioned in § 7 point 7.9 of the Regulations will be made using the same payment method that the Buyer used. The Seller, in agreement with the Buyer, may establish a different method of return that will not require the Buyer to incur any additional costs.

11. The Seller declares that the right of withdrawal does not apply to contracts covered by Art. 38 of the Act of May 30, 2014 - Consumer Rights Act. More information is available on the Returns and Complaints Policy page.
    
    
12. By entering into a contract as a Consumer or Entrepreneur with consumer rights, the Buyer confirms that they have read the content of these regulations and acknowledges that they have been informed of the right to withdraw from the sales contract within 14 days from the date of delivery of the goods.

§8 Complaints

1. The basis and scope of the Seller's liability towards the Customer for non-conformity of the Product with the Agreement are determined by the generally applicable laws and regulations set out in this Regulation.
   
   
2. The Seller is obliged to deliver a product free from defects.
   
   
3. In case of finding any mechanical damages occurred during delivery or in case of filing a complaint with the Seller, the Buyer should provide information about this fact by post to ElastoGum, P.O. Box No. 2277, 51-311 Wrocław 10 or by e-mail to biuro@egum.eu. The notification should specify the defect that, according to the Customer's opinion, the goods have and, if possible, document the defect, indicate the date on which the defect occurred, request the method of bringing the goods into conformity with the agreement in accordance with Article 560 and subsequent articles of the Civil Code, and provide contact details. The above requirements are recommendations, and their absence does not affect the effectiveness of the complaint.
   
   
4. The Seller will respond to the notification within 14 days of receipt. Failure to respond by the Seller within the aforementioned period means that the Seller has acknowledged the complaint as justified.
   
   
5. Possible restrictions and exclusions of the customer's right to complaint are available on the Returns and Complaints Policy page.
   
   
6. Detailed information regarding the possibility for the customer who is a consumer to use out-of-court complaint handling methods and to pursue claims, as well as the rules of access to these procedures, is available at the premises and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection:
   
   
   • http://www.uokik.gov.pl/spory_konsumenckie.php,
   • http://www.uokik.gov.pl/sprawy_indywidualne.php,
   • http://www.uokik.gov.pl/wazne_adresy.php.
     
     
7. The Customer who is a Consumer has, in particular (but not exclusively), the following exemplary possibilities to use out-of-court complaint handling methods and to pursue claims:
   
   
   1. The client is entitled to refer to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended) with a request to settle a dispute arising from the Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are determined by the regulation of the Minister of Justice of 6 July 2017 on the determination of the rules of organization and operation of permanent consumer arbitration courts at provincial Trade Inspection authorities (Journal of Laws of 2017, item 1356).
      
      
   2. The client is entitled to refer to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request for an out-of-court settlement of a dispute between the client and the seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Trade Inspection authorities.
      
      
   3. The client can file a complaint through the ODR internet platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between entrepreneurs and consumers.

§9 Rules for publishing opinions

1. Each buyer/customer may post opinions about the goods/services in the appropriate place on the Store's website. The opinion should be written in Polish, observing the principles of correct Polish.
   
   
2. Opinions are subjective statements of customers. The seller bears no responsibility for their content.
   
   
3. The buyer/customer declares that his statement does not violate applicable law or the rights of third parties. He bears full responsibility for the statements placed by him in the EGum.eu Online Store.
   
   
4. The submitted opinion is subject to verification by the seller in terms of checking whether the opinion contains prohibited content, i.e. in particular when the opinion violates applicable regulations, contains prohibited content, advertising content, personal data, violates copyrights, etc.

§ 10 Personal data

1. The administrator of personal data is the Seller.
   
   
2. The principles of personal data protection can be found in the Privacy Policy of the EGum.eu online store, available on the Privacy Policy page.

§ 11 Final Provisions

1. The Seller reserves the right to make changes to these Regulations for important reasons. Any changes to the Regulations come into force on the appropriate date indicated by the Seller, but not shorter than 7 days.
   
   
2. The amended Regulations bind the Buyer/Client, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. he was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification.
   
   
3. According to Art. 8 sec. 3 point 2 lit. b of the Act of 18.7.2002 on the provision of electronic services, the entity using the ABC online store website is obliged not to post illegal content on this website.
   
   
4. In matters not covered by these regulations, the relevant provisions of the Civil Code and the Act of May 30, 2014 - on consumer rights will apply.
   
   
5. These Regulations are available for download at the Internet address Regulations EGum.eu.pdf.
   
   
6. Agreements with the seller are concluded in Polish.
   
   
7. The Regulations come into force on 1-01-2022.
   
   

Regulations: Version 1.2 Update of 1-02-2022.