Terms and Conditions of the Online Store
§ 1 Preliminary Provisions
1.The online store www.exflo.pl available at https://exflo.pl/sklep/ is run by Exflo Sp. z o.o. with its registered office in Koleczkowo, 84-207, ul. Wejherowska 6b, entered into the National Court Register by the District Court in Gdańsk, Commercial Division of the National Court Register under KRS number 0000404477, with share capital of PLN 100,000, Tax Identification Number (NIP) 5882394296, Business Registry Number (REGON) 221573710.
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with a Customer at a distance through the Store.
§ 2 Definitions
1. Consumer – a natural person concluding an agreement with the Seller through the Store, the subject matter of which is not directly related to their business or professional activity.
2. Seller – Exflo Sp. z o.o. with its registered office in Koleczkowo at ul. Wejherowska 6b, postal code 84-207, entered into the National Court Register by the District Court in Gdańsk, Commercial Division of the National Court Register under KRS number 0000404477, with share capital of PLN 100,000, Tax Identification Number (NIP) 5882394296, Business Registry Number (REGON) 221573710.
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an unincorporated organisational unit to which a separate law grants legal capacity, carrying on business on its own behalf, which uses the Store.
5. Store – an online store operated by the Seller at www.exflo.pl.
6. Distance Agreement – an agreement concluded with the Customer under an organised system of concluding distance agreements (through the Store), with neither of the parties being present in person, with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded.
7. Terms and Conditions – these terms and conditions of the Store.
8. Order – the Customer’s declaration of intent made using the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account – a Customer’s account in the Store; it collects data provided by the Customer and information about the Orders placed by the Customer in the Store.
10. Registration Form – a form available in the Store that allows the Customer to create an Account.
11. Order Form – an interactive form available in the Store that allows the Customer to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of the Store’s software which shows the Products selected by Customer and allows the Customer to determine and modify the Order data, in particular the quantity of the products.
13. Product – a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement – an agreement for the sale of a Product concluded between the Customer and the Seller through the Online Store. The Sales Agreement also means – according to the features of the Product – a service agreement and an task-specific agreement.
§ 3 Contact with the Store
1. Seller’s address: Exflo Sp. z o.o., ul. Wejherowska 6b, 84-207 Koleczkowo.
2. Seller’s e-mail address: sklep@exflo.pl
3. Seller’s phone number: +48 602 241 000
4. Seller’s bank account number: 24 1750 1325 0000 0000 4095 4309.
5. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this section.
6. The Customer may communicate with the Seller by phone between 7:00 a.m. and 3:00 p.m. from Monday to Friday, excluding public holidays.
§ 4 Technical Requirements
To use the Store, including viewing the Store’s assortment and placing orders for Products, the following are necessary:
a. terminal device with access to the Internet and a web browser such as Microsoft Edge, Google Chrome, Mozilla FireFox, Opera, Safari;
b. an active e-mail account;
c. cookies enabled.
§ 5 General Information
1. To the fullest extent permitted by law, the Seller shall not be liable for any interference, including downtime of the Store caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Viewing the Store’s assortment does not require creating an Account. Placing Orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address details enabling the Order to be processed without creating an Account.
3. The prices in the Store are given in Polish zlotys and are gross prices (including VAT).
4. The final (end) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), which the Customer is informed about on the Store’s pages when placing the Order, including expressing the will to be bound by the Sales Agreement.
5. In the case of an Agreement covering subscriptions or services for an indefinite period, the final price shall be the total price including all payments for the billing period.
6. If, due to the nature of the item to be sold under the Agreement, the final price cannot be reasonably calculated in advance, information about how the price will be calculated, as well as charges for transport, delivery, postal and other costs, shall be provided in the Store in the Product description.
§ 6 Creating an Account in the Store
1. To set up an Account in the Store, the Registration Form needs to be filled out. It is necessary to provide the following data: login, first name, surname and e-mail address.
2. Creating an Account in the Store is free of charge.
3. Logging in to an Account is done by providing the login and password set in the Registration Form.
4. The Customer may delete the Account at any time, without giving any reasons and without incurring any fees, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
§ 7 Rules for Placing an Order
To place an Order, the Customer must:
1. log into the Store (optional);
2. select the Product to be ordered and click “Add to the Shopping Cart” (or equivalent);
3. log in or use the option of placing an Order without registration;
4. if the option of placing an Order without registration has been selected, the Customer must fill out the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, and select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient’s details;
5. click the “Proceed to payment” button and confirm the Order by clicking on the link sent in the e-mail;
6. select one of the available payment methods and, depending on the payment method, pay for the Order within the specified period, subject to § 8 point 3.
§ 8 Delivery and Payment Methods Offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a) Courier delivery
b) Personal collection at: ul. Wejherowska, 6b 84-207 Koleczkowo.
2. The Customer may use the following payment methods:
a) Payment by the Przelewy24 service.
b) Payment by bank transfer to the Seller’s account.
c) Detailed information on delivery methods and acceptable payment methods may be found on the Store’s pages.
§ 9 Performance of the Sales Agreement
1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. Once the Order is placed, the Seller immediately confirms its receipt together with its acceptance for processing. The Seller confirms receipt of the Order and its acceptance by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statements about receipt and accepted of the Order and confirmation of the conclusion of the Sales Agreement. The Sales Agreement is concluded between the Customer and the Seller upon receiving the above-mentioned e-mail by the Customer.
3. If the Customer opts for:
a) payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the Order will be cancelled.
4. If the Customer has opted for a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. A In case of ordering Products with different delivery dates, the delivery date is the longest date given.
a) In case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts, or to have all the Products delivered once the entire Order is completed.
6. The period for delivery of the Product to the Customer commences as specified below:
7. If the Customer has opted for bank transfer, electronic payment or payment by card – on the date of crediting the Seller’s bank account.
8. If the Customer has opted for personal collection of the Product, the Product will be ready for collection by the Customer on the date indicated in the Product description. Additionally, the Customer will be notified by the Seller that the Product is ready for collection by an appropriate e-mail sent to the Customer’s e-mail address provided during the ordering process.
9. In case of ordering the Products with different readiness dates, the readiness date shall be the longest date given.
10. The period when the Product is ready for collection by the Customer commences as specified below:
11. If the Customer has opted for bank transfer, electronic payment or payment by card – on the date of crediting the Seller’s bank account.
12. The Product may be delivered only on the territory of Poland.
13. The Product is delivered to the Customer for a fee, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website under “Delivery costs” and when placing the Order, including when the Customer expresses intention to be bound by the Sales Agreement.
14. Personal collection of the Product by the Customer is free of charge.
§ 10 Right of Withdrawal from the Agreement
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period referred to in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
3. In the case of an Agreement that covers multiple Products that are delivered separately, in batches or in parts, the period referred to in paragraph 1 commences with the delivery of the last item, batch or part.
4. In the case of an Agreement which involves the regular delivery of Products over a fixed period of time (subscription), the deadline indicated in paragraph 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a statement on withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the end of the deadline.
6. The statement may be sent by traditional mail or e-mail to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, a template of which is attached as Annex 1 to these Terms and Conditions and annex to the Consumer Rights Act of 30 May 2014, but it is not mandatory.
7. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer the confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
8.Effects of withdrawal from the Agreement:
a) In the event of withdrawal from the Distance Agreement, the Agreement shall be considered not concluded.
b) In the event of withdrawal from the Agreement, the Seller will immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, reimburse the Consumer for all amounts paid, including the costs of delivering the item, except for the additional costs resulting from the delivery method selected by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
c) The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for the Consumer.
d) The Seller may withhold the reimbursement until the Product is received back or until it has been provided with proof of return, whichever occurs first.
e) The Consumer should send back the Product to the Seller’s address specified in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer notified the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
f) The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
g) The Consumer is only responsible for reducing the value of the Product resulting from using the Product in a different way than was necessary to establish the nature, properties and functioning of the Product.
9. If the Product cannot be returned by regular mail due to its nature, information about this, as well as the cost of returning the Product, will be in the description of the Product in the Store.
10. The Consumer’s is not entitled to withdraw from a distance agreement:
a) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his/her individual needs;
b) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
c) in which the subject of the service is a perishable item or an item with a short shelf life;
d) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed in advance that once the Seller has provided the service, the Consumer would loose the right to withdraw from the Agreement;
e) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Agreement;
f) in which the subject of the service are items that after delivery, due to their nature, remain inseparably combined with other items;
g) in which the subject of the service is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control;
h) in which the subject of the service is audio or video recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery;
i) for the supply of newspapers, periodicals or magazines with the exception of a subscription agreement;
j) for the supply of digital content which is not recorded on a tangible medium if the provision of the service has begun with the Consumer’s express consent before the end of the withdrawal period and after the Seller has informed the Consumer of the loss of the right of withdrawal.
§ 11 Complaints and Statutory Warranty
1. The Sales Agreement covers new Products.
2. The Seller is obliged to provide the Customer with an item free from defects.
3. In case of a defect in the Product purchased from the Seller, the Customer has the right to lodge a complaint based on the statutory warranty provisions of the Polish Civil Code.
4. Complaints should be submitted in writing or by e-mail to the Seller’s addresses given in these Terms and Conditions.
5. It is recommended that the complaint include, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.
6. The Seller will respond to the complaint immediately, no later than within 14 days, and if the Seller fails to do so within this period, it is considered that the Customer’s request was considered as justified.
7. The Goods returned as part of the complaint procedure shall be sent to the address indicated in § 3 of these Terms and Conditions.
8. If the Product comes with a statutory warranty, the information about it, as well as its content, will be included in the description of the Product in the Store.
9. Products covered by the statutory warranty:
10. Fire water tanks (Waterbase F) – the warranty period is 10 years
b. Slurry tanks (Farmer S) – the warranty period is 10 years
c. Liquid fertiliser tanks (Farmer U) – the warranty period is 10 years
d. Drinking water tanks (Waterbase D) – the warranty period is 5 years
e. Industrial water tanks (Waterbase R) – the warranty period is 5 years
f. Onion-type (Hydronion) water tanks – the warranty period is 2 years
g. Sump trays – the warranty period is 2 years
h. Flood barriers (Exflooder) – the warranty period is 2 years
i. Sound absorbing mats – the warranty period is 2 years
j. Vehicle wash mats – the warranty period is 2 years.
§ 12 Extrajudicial Methods of Examining Complaints and Investigating Claims
1. Detailed information on the Consumer’s right to use extrajudicial means of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the registered offices and on the websites of district (municipal) consumer ombudsmen, social organisations, whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The following are examples of extrajudical measures of handling complaints and pursuing claims available to the Consumer:
a) The Consumer has the right to apply to the permanent amicable consumer court referred to in Article 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
b) The Consumer has the right to apply to the voivodeship inspector of the Trade Inspection, pursuant to Article 36 of the Trade Inspection Act of 15 December 2000 on (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings regarding the amicable settlement of a dispute between the Consumer and the Seller.
c) The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, and additionally be provided with the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (among others the Federation of Consumers, Association of Polish Consumers).
§ 13 Personal Data in the Online Store
1. The Seller is the Controller of the Customer’s personal data collected via the Online Store.
2. Customers’ personal data are collected by the controller via the Online Store for the purpose of performing the Sales Agreement and, upon the Customer’s consent, additionally for marketing purposes.
3. Recipients of personal data of the Online Store’s Customers may include:
b) If the Customer opts for postal or courier delivery method in the Online Store, the Controller makes the collected personal data of the Customer available to the selected carrier or intermediary making shipments on behalf of the Controller.
c) If the Customer opts for electronic or credit card payment method in the Online Store, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
4. The Customer has the right to access their data and rectify them.
5. Provision of personal data is voluntary; however, failure to provide the personal data specified in these Terms and Conditions necessary for the conclusion of the Sales Agreement prevents the conclusion of the agreement.
§ 14 Final Provisions
1. Agreements entered into through the Online Store are executed in the Polish language.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, including changes in law, changes in payment and delivery methods – to the extent that these changes affect the performance of these Terms and Conditions. The Seller will notify the Customer of any changes at least 7 days in advance.
3. In any matters not governed herein, the provisions of the Polish law, apply, in particular: the Civil Code, the Act on Provision of Electronic Services, the Consumer Rights Act, and the Personal Data Protection Act.
4. The Customer has the right to use extrajudicial means of handling complaints and pursuing claims. For this purpose, the Customer may lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.