ONLINE SHOP REGULATIONS
TABLE OF CONTENTS:
The online shop www.enklawa.co.uk takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.
1.1.The Online Shop available at the Internet address www.enklawa.co.uk is run by the company ENKLAWA LTD based in Birkenhead (office address: 12-14 Ashville Road, Birkenhead, United Kingdom CH43 8SA); registered in the business register for the UK including England and Wales, Northern Ireland and Scotland run by Companies House under the number 12084778; correspondence address: PO BOX 225, Prenton, Cp6 9ET, United Kingdom; e-mail address: firstname.lastname@example.org, telephone number: +44 7463638834.
1.2.These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section is addressed specifically to the the consumers or to the entrepreneurs.
BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.
CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; – who has concluded or intends to conclude a Sales Contract with the Seller.
CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93– with amendments).
NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.
PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
REGULATIONS – these regulations of the Online Shop.
ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.enklawa.co.uk
SELLER; SERVICE PROVIDER – the company ENKLAWA LTD based in Birkenhead (office address: 12-14 Ashville Road, Birkenhead, United Kingdom CH43 8SA); registered in the business register for the UK including England and Wales, Northern Ireland and Scotland run by Companies House under the number 12084778; correspondence address: PO BOX 225, Prenton, Cp6 9ET, United Kingdom; e-mail address: email@example.com, numer telephone number: +44 7463638834.
SALES CONTRACT– the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments)
ORDER – Customer’s declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.
2.1.The following Electronic Services are available in the Online Shop: Order Form and Newsletter.
The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
Newsletter – using the Newsletter takes place after checking the appropriate checkbox when placing an Order – once the Order is placed, the Service Recipient is subscribed to the Newsletter.
The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: PO BOX 225, Prenton, Cp6 9ET, United Kingdom.
2.3.The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.
2.4.Complaint procedure with regard to the Electronic Services:
in writing to the address: PO BOX 225, Prenton, Cp6 9ET, United Kingdom;
in electronic form via e-mail to the following address: email@example.com.
It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient‘s request; and (3) the contact details of the complaining party – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3.1.The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.1 of the Regulations.
3.2.The Product price shown on the Online Shop website is given in pounds sterling (GBP) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.
3.3.The procedure of concluding a Sales Contract in the Online Shop using the Order Form.
After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
3.4.The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Shpop.
4.1.The Seller provides the Customer with the following methods of payment under the Sales Contract:
The settlement of transactions by electronic payments and payment cards are carried out in accordance with the Customer’s choice through the PayPal.com and sagePay.co.uk service. The support for electronic payments and payment card is provided by:
PayPal.com – the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. storey 22–24 Boulevard Royal, L-2449, Luxembourg.
sagePay.co.uk – the company Sage Pay Europe Limited, North Park, Newcastle upon Tyne, NE13 9AA.
5.1.The delivery of the Product is available in the United Kingdom.
5.2.The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.
5.3.The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, can not exceed 7 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:
6.1.The basis and scope of the Seller’s liability towards the Customer, if the sold product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code).
6.2.The Seller is obliged to provide the Customer with a Product without defects.
6.3.A complaint can be made by the Customer, for example:
in electronic form via e-mail to the following address: firstname.lastname@example.org;
6.4.It is recommended that the Customer provides in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request to bring the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.
6.5.The Seller will consider the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who was a consumer demanded a replacement or a defect removal, or made a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified.
6.6.The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: PO BOX 225, Prenton, Cp6 9ET, United Kingdom. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is.
7.1.The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 22 55 60 333, email: email@example.com or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.
7.3.A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at firstname.lastname@example.org and at the consumer helpline number 801 440 220 (call center on Business Days, 8:00 – 18:00, call fee according to the operator’s tariff).
7.4.An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.1.A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:
in electronic form via e-mail to the following address: email@example.com.
8.2.An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations. The consumer can use the template form, but it is not obligatory.
8.3.The deadline for withdrawal from the contract begins:
for other contracts – from the date of contract conclusion.
8.4.In the event of withdrawal from a distant contract, the contract is considered null and void.
8.5.The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, to return all payments made by the consumer, consumer the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.
8.6.The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: PO BOX 225, Prenton, Cp6 9ET, United Kingdom.
8.7.The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8.Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to pay:
The consumer bears the direct costs of returning the Product.
8.9.The right to withdraw from a distant contract is not available to the consumer in relation to contracts:
9.1.This section of the Regulations and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
9.2.The Seller has the right to withdraw from the Sales Contract concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
9.3.In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.
9.4.Upon the release of the Product by the Seller to the carrier all the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass on to the Customer who is not a consumer. In such a case the Seller shall not be liable for any loss, shortage or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in the transport of parcel.
9.5.In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If they determine that during the transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to determine the liability of the carrier.
9.6.According to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7.In the case of the Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
9.8.The liability of the Service Provider/the Seller in relation to the Service Recipient/the Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs under the Sales Contract, but not more than up to the amount of one houndred pounds (100 GBP). The Service Provider/the Seller is liable towards the Service Recipient/the Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient/the Customer who is not a consumer.
9.9.Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.
10.1.The contracts concluded via the Online Shop are concluded in English.
10.2.Change of Regulations:
In case of concluding on the basis of these Regulations continuous contracts (for ex ample, providing Electronic Service – Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384  of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient who is a consumer has the right to withdraw from the contract.
In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/ the Customers who are consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, executed or executed Sales Contracts.
10.3.In matters not covered by these Regulations, shall apply generally applicable provisions of Polish law, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Contracts concluded after the 25th of December 2014 with consumer Customers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.
10.4.These Regulations shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the consumer protection afforded to him by provisions which cannot be excluded by agreement.
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)
PO BOX 225, Prenton, Cp6 9ET, United Kingdom
– I / we (*) hereby inform about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)
– The date of conclusion of the contract (*)/ recipe (*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only if the form is sent in a paper version)
(*) Delete as applicable.