BEFORE YOU MAKE A PURCHASE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU HAVE ANY QUESTIONS OR CONCERNS, CONTACT US USING CONTACT FORM ON THE CONTACT PAGE
The EELHOE store is operated by OLMED Sp. z o. o. sp.k., ul. Tytusa Chałubińskiego 9 lok 2, 02-004 Warsaw, Poland
Terms and Conditions
§1. General Provisions
OLMED Sp. z o. o. sp.k. sells goods via the Internet using the product page.
Orders can be placed by individuals who are at least 18 years old, minors with the consent of their legal guardians, legal entities, and organizational units without legal personality, to which the law grants legal capacity.
All products offered in the store are brand new.
The presented prices are in Polish zlotys and include VAT. Prices do not include shipping costs. Shipping costs are added as a separate item in the cart. Information about the shipping cost is provided before the sales contract is concluded.
The price indicated for each product is binding from the moment the order is placed. The price is binding for both the Customer and the Seller, OLMED Sp. z o. o. sp.k.
OLMED Sp. z o. o. sp.k. reserves the right to: change the prices of goods in the offer, except for the situation mentioned in section 5, introduce new goods to the offer, conduct and cancel promotional and clearance sales on the store's website or make changes to them.
A proof of purchase (receipt or VAT invoice) is issued for each order.
The sales contract is concluded in accordance with Polish law and in the Polish language between the Buyer and the Seller, OLMED Sp. z o. o. sp.k. The recording, securing, and providing of the essential provisions of the concluded contract is done by printing and delivering the VAT invoice or order specification to the Buyer.
The store may use the Manychat application to contact the Buyer, which automates interactive conversations between the Seller and the Buyer.
§2. Placing Orders and Payments
To conclude a sales contract via the online store, go to the product website, select the product, and follow the subsequent technical steps based on the messages displayed to the buyer and the information available on the site.
Orders can be placed via:
on the product sales page - 24h;
email (preferred for individual orders) – 24h;
The store confirms receipt of the order via email within 24 hours of receiving it. In special cases (due to an IT error, or unauthorized use of a discount code or obtaining and using it in a way that is not in accordance with the regulations), the store has the right to withdraw from the sale and not process the order.
Order processing begins after confirming the Buyer's details and: for orders payable on delivery - after receiving information about the order being placed, for orders payable by bank transfer - after receiving the payment on the bank account.
The Buyer can choose the following forms of payment for the ordered goods:
cash on delivery,
online payment,
bank transfer,
payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro,
BLIK.
The entity providing online payment services is mElements S.A. with its registered office in Warsaw, ul. Prosta 18, 00-850 Warsaw, KRS 0000590484, REGON 363203696, NIP 5223047892.
In the case of payment by credit card, the order processing time is counted from the moment of positive transaction authorization.
If, after placing an order, it turns out that the ordered product is currently unavailable, the Buyer will be immediately informed by email or phone.
In such a case, the Buyer decides on the further action (extending the waiting time or canceling the order).
If the Buyer decides to proceed with part of the order (when the Store is unable to complete the entire order), the remaining amount (in case of prepayment) will be refunded to the specified account.
If the Buyer decides to cancel the order (when the store is unable to complete the entire order), the entire amount will be refunded to the Buyer (in case of prepayment) to the specified account.
The Buyer can cancel the order or make changes to it only until it is shipped.
The moment of telephone or email confirmation of the order by OLMED Sp. z o. o. sp.k. is the last opportunity to correct any incorrectly provided personal data or incorrectly placed order by the Buyer.
If there are incorrect data on the receipt or VAT invoice, according to the Regulation of the Minister of Finance, the Buyer should issue a corrective note. A complete change of buyer data is not possible.
§3. Delivery Costs and Time
The store delivers parcels to the Buyer via the Polish post and courier companies.
Delivery of the parcel to the Customer is paid, unless the contract states otherwise. The delivery costs of the product are public and included in the 'Delivery Costs' section and during the order process.
The store does not allow personal collection of orders.
Parcels are delivered within Poland and other EU countries (additional fee for international shipments).
The Buyer is obliged to receive the ordered goods and settle the payment for the ordered goods according to the chosen payment method.
The goods ordered by the Buyer will be delivered to the address indicated by the Buyer when placing the order or to the parcel locker indicated by the Buyer. If the Buyer does not collect the package, he is obliged to cover the return shipping costs to the Seller, i.e., the return shipping costs.
If the Buyer does not collect the package, the Seller will request him to perform the contract, i.e., cover the additional costs incurred by the Seller, i.e., the return shipping costs to the Seller and the costs of reshipping. After the ineffective expiry of the deadline set by the Seller, the Seller will withdraw from the contract and return the costs of the products to the Buyer, reduced by the return shipping costs of the uncollected products.
In case of a request to resend the products, the Buyer covers its costs.
The shipment and external packaging should be checked before signing the receipt, in the presence of the courier. In case of damaged shipment (tearing, damage to the foil, traces of repackaging, crumpled carton) or shortages of contents or if the ordered goods are not delivered or there are quantity shortages in the shipment, the following steps should be taken:
damage or suspicion of damage should be reported in the comments on the consignment note or with an electronic signature on the courier's mobile device;
draw up a damage report with the courier. The report can also be handwritten - in this case, you should express the desire to draw up a report on the carrier's hotline;
the report should include information about the condition of the shipment;
list the damaged products, types of damage, and any shortages in the order;
the report should be legibly signed by the courier.
Then, immediately inform OLMED Sp. z o. o. sp.k. about the situation and clearly and thoroughly describe all irregularities via contact page
When delivering to a Parcel Locker, if damage or shortage is found, leave the package in the locker or go to the nearest InPost point to write a damage report. Then immediately inform the Store about the situation and clearly and thoroughly describe all irregularities via contact form on the contact page
§4. Withdrawal from a Distance Sales Agreement
The Buyer, being a consumer, may withdraw from the contract and return the purchased goods without giving any reason within 14 days from the date of receipt of the shipment. To withdraw from the contract, the Customer should submit a statement of withdrawal.
The Buyer may send a statement of withdrawal together with the returned goods within the period specified in section 1.
The statement of withdrawal should include: the recipient's details (as per the details provided below), the date of the contract/conclusion, the name, surname, and address of the person withdrawing from the contract, information about the subject of withdrawal, and a statement regarding the withdrawal from the contract with the Store, as well as - in the case of a paper statement - it should be signed. When withdrawing from the contract, you can use the form prepared by the Store or the form constituting Annex 2 to the Consumer Rights Act.
The statement of withdrawal should be sent by contact page.
OLMED Sp. z o. o. sp.k.
The store guarantees a refund equal to the price of the goods within 10 working days made using the same payment methods used by the Buyer in the original transaction unless the Buyer agrees to another solution.
The store informs that in the case of withdrawal from the contract, the Buyer is obliged to bear the cost of returning the goods to the store. Just for clarification, we inform that if the purchased goods were part of a promotional sale, e.g., a second product was added to the purchased goods, or products were free, or the promotion allowed the purchase of another product or products at a reduced price, withdrawal from the contract applies to all goods purchased and received based on this contract.
A sole proprietor who does not use the store as part of his business activity (referred to as a privileged entrepreneur) - a natural person using the store, in particular, making purchases not related to his business activity, when the nature of the purchased product indicates that it does not have a professional character for him, resulting in particular from the subject of his business activity, disclosed under the provisions on the Central Registration and Information on Business. A privileged entrepreneur, when filling out the order form, declares that the order is not related to his professional activity - this will be equivalent to marking the checkbox under the order form. The privileged entrepreneur has the right to withdraw from the contract on the same terms as the consumer.
The Buyer is responsible for the decrease in the value of the goods resulting from using them in a manner other than necessary to determine the nature, characteristics, and functioning of the goods.
According to Article 38 points 4, 5, and 6 of the Act of May 30, 2014, on consumer rights, the Buyer is not entitled to withdraw from a distance contract in which:
the subject of the service is an item that deteriorates quickly or has a short shelf life;
the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
the subject of the service is items that, after delivery, due to their nature, become inseparably connected with other items.
§5. Seller's Liability for Non-Compliance of the Goods with the Contract. Complaints.
The Seller is obliged to deliver goods compliant with the contract.
The Seller is liable to the Buyer if the sold goods are not compliant with the contract (warranty). In such a case, the Buyer may submit a complaint to the Seller.
Complaints regarding products purchased from the Seller can be submitted via contact page
To file a complaint, the Buyer can use the complaint form prepared by the Store. Using the form is not mandatory.
In the complaint, the Buyer should specify the reason for the complaint and the content of his demand. The complaint should also include the Buyer's details, allowing a response to the complaint (name and surname, address).
The Buyer filing a complaint about the goods should present proof of purchase (e.g., fiscal receipt - paper or electronic, VAT invoice - paper or electronic, email confirmation of placing an online order, bank transfer confirmation). The lack of proof of purchase, indicating that the Seller is the entity responsible under the warranty, may result in the complaint being rejected.
The Seller will respond to the complaint within 14 days from the date of receiving the complaint. If the complaint is accepted, the Buyer will receive information on how the complaint was resolved.
The store reimburses the cost of the returned goods after receiving the shipment and positively resolving the complaint. The damaged product will be replaced with a full-value one. If replacement is not possible, the store will refund the Buyer the equivalent of the product's price and shipping or offer another product.
§6. Privacy Policy and Personal Data Protection
In accordance with Article 13(1) and (2) of 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 (General Data Protection Regulation, hereinafter referred to as 'GDPR'), we inform you that:
The administrator of the Buyer's personal data is OLMED Sp. z o. o. sp.k., ul. Tytusa Chałubińskiego 9 lok 2, 02-004 Warsaw, Poland. Contact with the person supervising the processing of personal data at the administrator's organization is possible via email at [email protected];
The Buyer's personal data will be processed in accordance with the regulations on personal data protection, the implemented Privacy Policy, to the extent and for the purpose necessary to establish, shape the content, change or terminate the contract, and the correct implementation of services provided electronically, to the extent and for the purpose necessary to fulfill the legitimate interests (legally justified purposes), and processing does not violate the rights and freedoms of the person concerned, as well as to the extent and for the purpose consistent with the consent expressed by the Buyer if he subscribed, for example, to the newsletter.
In connection with the provision of services, personal data will be disclosed to external entities, including in particular suppliers responsible for servicing IT systems used to provide services, entities such as banks and payment operators, research companies, entities providing accounting, legal services, marketing agencies (to the extent of marketing services) and entities affiliated with the Administrator;
The Buyer's personal data will not be transferred to a third country/international organization;
The Buyer's personal data will be stored for the duration of the contract, and after its completion or withdrawal only to the extent necessary for the purposes of seeking potential claims before a court or if national or EU laws or international law obligate us to retain the data. The administrator has the right to disclose the Buyer's personal data to authorized entities under applicable laws (e.g., law enforcement agencies);
The Buyer has the right to access his data and the right to rectify, delete, limit processing, the right to transfer data, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing;
The Buyer has the right to lodge a complaint with the Personal Data Protection Office if he believes that the processing of personal data concerning him violates the GDPR regulations, providing personal data by the Buyer is a condition for concluding the contract;
The Buyer is obliged to provide them, and the consequence of not providing personal data will be the inability to conclude and execute the contract;
The Buyer's personal data will not be processed in an automated way, including profiling;
The administrator has implemented pseudonymization, data encryption, and has introduced access control, thus minimizing the effects of potential data security breaches. Personal data is processed only by persons authorized by the administrator or processors with whom the administrator closely cooperates.
OLMED Sp. z o. o. sp.k., ul. Tytusa Chałubińskiego 9 lok 2, 02-004 Warsaw, Poland uses so-called cookies. These files are saved on the Buyer's computer by our server and provide statistical data on his activity, to tailor our offer to his individual needs and preferences. The Buyer can disable the option of accepting cookies in his web browser at any time. More information about cookies is available at http://wszystkoociasteczkach.pl.
§7. Final Provisions
All information, product photos, manufacturers' logos are protected by copyright. Copying and disseminating, using for commercial purposes or presentations without the consent of the owners is prohibited.
All disputes will be resolved amicably, and if such an agreement is not possible, the dispute will be resolved by the competent common court.
Placing an order means acceptance of these terms and conditions.
The information on the product page does not constitute an offer within the meaning of the Civil Code.
For matters not regulated in the regulations, the provisions of the Act on the provision of electronic services, the Consumer Rights Act, the Personal Data Protection Act, the Copyright and Related Rights Act, the Civil Code and other absolutely binding provisions of Polish law shall apply.
Taking care of consumer rights is one of the priorities of the Company, hence the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under absolutely binding provisions of law, and any possible doubts should be interpreted in favor of the Consumer. In case of any non-compliance of the provisions of these Terms and Conditions with the above-mentioned provisions, the provisions of the Consumer Rights Act shall apply.
§8. Out-of-court Complaint and Redress Procedures
The Customer has the following possibilities to use out-of-court complaint and redress procedures:
The customer is entitled to refer to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded sales contract,
The customer is entitled to refer to the Voivodeship Inspectorate of Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller,
The customer can obtain free assistance in resolving the dispute between the Customer and the Store, also using the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection,
Detailed information on the possibilities for the Customer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, and on the website of the Office of Competition and Consumer Protection (http://www.uokik.gov.pl).
MODEL WITHDRAWAL FORM
(this form should be filled in and sent only if you wish to withdraw from the contract)
Addressee [here the entrepreneur should enter the entrepreneur's name, full postal address, and, if available, fax number and email address]
I/We(*) hereby inform/inform(*) about my/our withdrawal from the sales contract for the following items(*) delivery contract for the following items(*) contract for the performance of the following items(*)/for the provision of the following service(*)
Date of contract conclusion(*)/receipt(*)
Name and surname of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is sent in paper version)
Date
(*) Delete as appropriate
COMPLAINT FORM (TEMPLATE)
To speed up the verification process, please print out the completed complaint form and attach it to the returned package.