Statute

Online store regulations

These Terms and Conditions contain the operating rules of the Ekoliva store. Here you will find, in particular, information about ordering, the offer, the right to withdraw from the contract, and liability for non-conformity of goods.

§1
Definitions

Shop – online shop located at www.ekoliva.pl
Seller – (Company) Cargopack Polska, a limited liability company, with its registered office in Poznań, at ul. Szamarzewskiego 21/2, 60-514 Poznań, entered into the register of entrepreneurs maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number: 0001138043, Tax Identification Number (NIP): 7812079739, with the share capital of PLN 5,000.00, e-mail address: info@ekoliva.pl, telephone number: +48 573 199 164.
Customer – a natural person, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, placing an order within the Store and making purchases through the Store.
Consumer – a natural person concluding a contract with the Seller, the subject of which is not directly related to his/her business or professional activity
Entrepreneur with consumer rights - a natural person running a sole proprietorship concluding a contract directly related to his/her business activity, if the content of this contract indicates that it is not of a professional nature for him/her
Account – a Customer account set up on the Store’s online platform, enabling access to purchased services and goods.
Sales Agreement - a contract for the sale of Goods concluded between the Seller and the Customer via the Store.
Goods – a physical item that is the subject of sale in the Store
Seller's details – contact details of the Seller, Cargopack Polska spółka z ograniczoną odpowiedzialnością with its registered office in Poznań, address: ul. Szamarzewskiego 21/2, 60-514 Poznań, telephone number: +48 573 199 164. e-mail address: info@ekoliva.pl
User – Customer or recipient of services provided by the Seller

§2
Introductory provisions

These regulations define the rules for using the Store and the rules and procedure for concluding distance sales contracts via the Store.
The Regulations are available continuously on the Store's website in a way that allows their downloading, reproduction and recording of their content by printing or saving on a medium at any time.
Making purchases in the Store requires access to a computer or mobile device with internet access, a standard operating system, a web browser that supports JavaScript and necessary cookies, and email. Furthermore, completing the ordering process requires providing the data necessary to complete the order.
If the Seller offers digital content or services and their use would require the fulfillment of additional technical conditions, these conditions are indicated in the description of these products in the Store.
In the event of announcing a price reduction for goods, the Seller shall inform about the lowest price from the period of 30 days before the price reduction, in accordance with Article 4, paragraph 2 of the Act of 9 May 2014 on information on prices of goods and services.
The specificity of each Product and its characteristic features can be found in the Product descriptions in the Store.
Sending illegal content via forms is prohibited.

§3
Making purchases in the Store

The Customer may make purchases in the Store after logging in to the customer account or without registration.
The gross price of the goods, including VAT, is listed on the Store's website. Prices do not include delivery costs, which are indicated each time during the ordering process.
Information about the goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
After selecting the Product, the Customer should follow the instructions displayed on the Store's website to complete the purchase. If they have a discount code, they can enter it in the shopping cart or during the ordering process. The Customer can then calculate the cart costs and proceed to payment.
To place an order, the Customer must provide data marked as mandatory in the forms. Until the Customer clicks the "Complete Order" button, they can modify the order or the data provided.
To finalize an order, the Customer must place the order by clicking the "Buy and Pay" button on the order summary page. To place an order, the Customer must first add items to the cart, provide the required information, and provide the required consents, including acceptance of the terms and conditions.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
Depending on the goods ordered, a contract may be concluded between the Customer and the Seller:
a) in the case of physical goods – sales contract,
b) in the case of services – a service contract,
The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by publishing these Terms and Conditions on the Online Store website and sending the Customer an email. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
The Seller reserves the right to suspend order processing if there are reasonable doubts as to the accuracy and reliability of the information provided by the Customer in the registration form. In such a situation, the Store will contact the Customer immediately.

§4
Delivery and payment

Delivery of the Goods is available in the territory of the Republic of Poland and other European Union countries.
The customer can choose the delivery method indicated during the ordering process, i.e.: a) InPost parcel locker,
b) courier company,
c) delivery to the collection point
Delivery of Goods to the Customer is subject to a fee if the Goods require physical shipment, unless the sales agreement provides otherwise. The costs of delivering the Goods (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the shipping information tab and during the Order process, including when the Customer expresses their intention to be bound by the Sales Agreement. In justified cases, the Store may send several separate shipments within a single order at no additional cost to the Customer.
In the case of purchases of Goods in Poland with a value of PLN 300.00 or more, delivery is free.
The delivery time for Goods to the Customer is up to 4 business days in Poland and up to 10 business days in other European Union countries, unless a different time is specified in the description of the Goods or when placing the Order. If the ordered Goods have different delivery times, the time specified for the Goods with the longest delivery time applies.
Orders placed and paid for by 12:00 PM will be shipped the same business day. If the order is placed or paid for after this time, the goods will be shipped the next business day.
If the Seller offers digital content or services, they will be electronically shipped immediately, but no later than 2 business days, unless otherwise stated in the description of the Product (e.g., pre-sale). The deadlines indicated in paragraphs 5 and 7 above are counted from the date the transfer is credited to the Seller's account or from the date of confirmation of order acceptance for cash on delivery.
Access to digital content and services, if offered, may also be granted periodically – in accordance with their description.
The Store accepts payment methods available during the ordering process, including in particular traditional transfers and electronic payments.
The Seller provides the Customer with the following payment methods under the Sales Agreement:
1) cash payment on delivery,
2) payment by transfer to the Seller's bank account,
3) payment by card
4) electronic payments via:

a) Przelewy24 payment gateway, operated by PayPro SA with its registered office in Poznań (ul. Pastelowa 8, 60-198 Poznań) entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Division of the National Court Register under the KRS number: 0000347935, Tax Identification Number (NIP): 7792369887. The PayPro Regulations are available at this address.
b) Google Pay operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Republic of Ireland; Google Pay Terms and Conditions are available here.
c) Apple Pay operated by Apple Distribution International Ltd., with its registered office at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland; Apple Pay Terms and Conditions are available here.
If the Customer chooses to pay by bank transfer or electronic payment, the Customer is obligated to make payment within 5 business days of concluding the Sales Agreement. After this time, the order may be canceled.
The customer consents to the sending of invoices in electronic form.

§5
Non-conformity of the goods with the contract; complaints

The basis and scope of the Seller's liability towards the Customer if the Goods sold have a defect are defined by generally applicable legal provisions, in particular the Consumer Rights Act.
The Seller hereby informs the entrepreneur of the legal liability for the performance of the goods in accordance with the contract. The consumer has the right to exercise the warranty, if one has been granted.
Before submitting a complaint and sending the Goods to the Seller, the Customer is requested to contact the Seller by phone +48 573 199 164 or by e-mail reklamacje@ekoliva.pl in order to speed up the complaint procedure and resolve the problem.
The appropriate address for complaints or returns is:
Alfa Warehouses Sp. z o. o., Tama Pędzichowska 5, 80-718 Gdańsk.
The goods are in conformity with the contract if, in particular, their description, type, quantity, quality, completeness and functionality are in conformity with the contract, and in the case of goods with digital elements – also their compatibility, interoperability and availability of updates, as well as their suitability for the specific purpose for which they are required by the consumer, about which the consumer informed the Seller at the latest at the time of conclusion of the contract and which the Seller accepted.
If the goods do not conform to the contract, the consumer may demand that they be repaired or replaced.
The Seller may replace the goods if the consumer requests a repair, or the Seller may repair the goods if the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the trader. If repair and replacement are impossible or would require excessive costs for the trader, the trader may refuse to bring the goods into conformity with the contract.
The Seller will repair or replace the goods within a reasonable time from the time the consumer notifies them of the lack of conformity, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including, in particular, postage, shipping, labor, and materials, are borne by the Seller.
The consumer provides the Seller with goods subject to repair or replacement. The Seller collects the goods from the consumer at its own expense. The consumer is not obligated to pay for normal use of the goods that are subsequently replaced.
In cases specified in the Consumer Rights Act, the consumer may submit a declaration of price reduction or withdrawal from the contract. This applies in particular to situations where the Seller has refused to bring the goods into conformity with the contract or has failed to bring the goods into conformity with the contract.
The Seller shall refund to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's declaration of price reduction.
In the event of withdrawal from the contract, the consumer must immediately return the goods to the Seller at the Seller's expense. The Seller will refund the consumer the purchase price immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. It is presumed that the lack of conformity of the goods with the contract is material.
The entrepreneur is liable for any lack of conformity of the goods with the contract existing at the time of delivery and discovered within two years from that time, unless the expiry date of the goods, specified by the entrepreneur, its legal predecessors or persons acting on their behalf, is longer, subject to paragraph 15.
In the case of food products, if the expiration or shelf life is less than two years, the Seller's liability expires on the date of expiry of that period. However, if the period exceeds two years, the Seller's liability is extended until that date.
It is presumed that any lack of conformity of the goods with the contract that becomes apparent within two years of delivery of the goods existed at the time of delivery, unless it is proven otherwise or this presumption cannot be reconciled with the nature of the goods or the nature of the lack of conformity of the goods with the contract.
The Seller is obliged to respond to the consumer's complaint within 14 days of receiving it.
The Seller complies with the provisions of Chapter 5b of the Consumer Rights Act regarding contracts for the supply of digital content or digital services. The Seller is liable for any lack of conformity with the contract of digital content or digital services supplied continuously, which occurs or becomes apparent during the period in which they were to be supplied under the contract. This period cannot be shorter than two years from the date of delivery of the goods with digital elements. It is presumed that the lack of conformity of the digital content or digital service with the contract occurred during this period if it became apparent during that period.
If a warranty has been granted for the goods, information about it and its content will be included in the description of the goods in the Store.
The rights arising from the non-conformity of the goods with the contract are granted to the consumer and the entrepreneur as consumers.

§6
Right to withdraw from the contract

You have the right to withdraw from this contract without giving any reason within 14 days from the date you take possession of the purchased items. The withdrawal period expires after 14 days from the date on which you or a third party other than the carrier and indicated by you came into possession of the items. In the case of the purchase of digital content, services, or digital services, you have the right to withdraw from the contract within 14 days from the date of conclusion of the contract.
In order to exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g. by completing the withdrawal form attached as Annex 1 or by sending a letter by post or e-mail).
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this contract.
We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
We may withhold reimbursement until we receive the goods or until you provide us with proof of having sent back the goods, whichever comes first.
Goods should be returned to the following address: Alfa Warehouses Sp. z o. o., Tama Pędzichowska 5, 80-718 Gdańsk.
Please send back or hand over the goods to us immediately, and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period.
You will only have to bear the direct costs of returning the items.
You are responsible for any reduction in the value of the item resulting from its use in a manner other than necessary to establish the nature, characteristics and functioning of the item.
Pursuant to Article 38 of the Consumer Rights Act, the right to withdraw from the Sales Agreement does not apply to the Consumer in relation to, among others, the following contracts:
1) for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the entrepreneur has performed the service he will lose the right to withdraw from the contract, and has acknowledged this;
2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract expires;
3) where the subject of the provision is a non-prefabricated good, manufactured according to the consumer’s specifications or intended to meet his individual needs;
4) where the subject of the service is a good that spoils quickly or has a short shelf life;
5) where the subject of the service is goods 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;
6) where the subject of the provision are goods which, due to their nature, are inseparably connected with other things after delivery;
7) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
8) in which the consumer has expressly requested the trader to come to him for urgent repair or maintenance; if the trader provides additional services other than those requested by the consumer, or supplies goods other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or goods;
9) where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
10) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
11) concluded through a public auction
12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the entrepreneur has fulfilled the performance, the consumer will lose the right to withdraw from the contract, and the consumer has acknowledged this, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Act on Consumer Rights,
14) for the provision of services for which the consumer is obliged to pay the price, in the case of which the consumer has expressly requested the trader to come to him for the purpose of carrying out repairs and the service has already been fully performed with the express and prior consent of the consumer.
The right to withdraw from a distance contract does not apply to any entity other than a Consumer or an Entrepreneur with consumer rights.

§7
Providing services electronically

The Seller takes steps to ensure the proper operation of the Store, to the extent resulting from the current technical knowledge, and undertakes to remove any irregularities reported by Customers using the Seller's Data within a reasonable time.
Free services provided electronically by the Seller include:
a) the ability to create an account in the Store,
b) the possibility of concluding a contract with the Seller electronically,
c) the possibility of receiving a newsletter (if the newsletter subscription is enabled on the Store's website)
Creating an account is accomplished by completing the registration form or, if available, by selecting the appropriate consent during the ordering process. Upon successful account registration in the Store, a free-of-charge contract for the provision of electronic services is concluded for an indefinite period.
The Customer may at any time delete the account in the customer panel or send a deletion request to the Store's e-mail address.
The customer account stores information regarding customer data and placed orders. If the account is deleted, the Seller will store information about placed orders until the statute of limitations for potential claims arising from a specific legal relationship expires or for the entire duration of the Store's operation – unless the Customer objects to the storage of this information and the Seller has no overriding legitimate interest in storing it.
Newsletter subscriptions can be made by submitting a completed newsletter subscription form or by selecting consent during the ordering process. If the newsletter subscription is successful, the Seller provides an electronic service consisting of sending the Customer emails containing information about the Seller's products, promotions, and services. The Customer may unsubscribe from the newsletter at any time by clicking the unsubscribe button included in the email or by sending a cancellation request to the Store's email address.
If you wish to file a complaint, the Customer should provide his/her name and surname, correspondence address, type and date of occurrence of the irregularity related to the operation of the store.
The Seller undertakes to review any complaint regarding the Store's operation within 14 days. The Customer is asked to send the complaint to the Seller's email address.
The content contained in the newsletter is subject to copyright protection. It is prohibited to copy, record, or distribute it without the Seller's consent.
The consumer may withdraw from the contract for the supply of digital content within 14 days of its conclusion, without providing any reason, by notifying the Seller. Regardless of this, the user may submit a declaration of withdrawal from the services provided at any time.

§8 Provisions regarding entrepreneurs

The provisions of this paragraph apply to customers who are entrepreneurs.
The parties completely exclude liability under warranty for defects.
The Seller may terminate the agreement for the provision of electronic services regarding the maintenance of the Customer's account with immediate effect and without specifying the reason. This does not give rise to any claims against the Seller in this respect.
The Seller has the right to withdraw from the contract without giving any reason within 14 days of its conclusion by sending the entrepreneur an appropriate declaration. This does not give rise to any claims against the Seller in this respect.
The Customer is obligated to inspect the shipment within the time and manner appropriate for the given type of shipment and should immediately take steps to determine the carrier's liability. The Seller is not liable for any loss, depletion, or damage to the Goods, or for any delay in shipment occurring between acceptance and delivery to the Seller.
The seller has the right to limit the available payment methods and require the entrepreneur to make an advance payment in whole or in part.
The Seller's total liability to the entrepreneur for the Seller's failure to perform or improper performance of the contract is limited to the price paid for the Goods and delivery costs. The Seller is not liable to the entrepreneur for lost profits.
The court having jurisdiction to settle any disputes between the Seller and the entrepreneur is the court having jurisdiction over the Seller's registered office.
The provisions of this paragraph are not intended to limit the entrepreneur's rights to the consumer rights to which he is entitled under generally applicable provisions.

§9
Opinions

When presenting consumer reviews, the Seller verifies opinions about services and goods and implements appropriate solutions to assess their authenticity. Once posted, the review is verified by a store employee. If there are any doubts about the authenticity of the review, these are clarified based on the submitted proof of purchase of the specific service. If it turns out that the data contained in the review and obtained during the clarification cannot be linked to the order that was the subject of the review, the review is deleted.
We publish all opinions (both positive and negative) and do not interfere with their content, nor do we offer additional benefits related to leaving or withdrawing an opinion.
For the above reasons, we can assure you that the opinions available on the Store website are verified and authentic and reflect actual shopping experiences.
Reviews of the Store may be posted on third-party websites. The policies of these third-party websites apply to assessing the credibility and authenticity of the reviews. The Store makes every effort to ensure that reviews are always credible and authentic.

§10 User Content

User Content is the following posted independently or via the Store by each User:
1) opinions or comments about the store or products,
2) additional information not required when placing an order, contained in the customer's account, posted independently or via the Store.
The User may not publish content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise contrary to the law, these Terms and Conditions or good practice, in particular:
1) content used to commit an offense or crime,
2) content that infringes personal rights or copyrights,
3) spam content,
4) content aimed at conducting unfair competitive activities, including prohibited marketing activities,
5) content inconsistent with the subject matter of the website to which it relates.
We may verify, block and remove illegal content while maintaining objectivity and due diligence.
Reporting illegal content should include:
1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the relevant information constitutes illegal content,
2) indication, if possible, of the electronic location of the information, such as the URL address and additional information enabling the identification of illegal content,
3) name and surname or name and e-mail address of the person or entity submitting the report - except in the case of a report concerning information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
4) a statement confirming the good faith belief of the person or entity submitting the report that the information and allegations contained therein are correct and complete.
If, as a result of verification undertaken on our own initiative or following a report, we determine that certain content is illegal, we may decide to block or remove it.
Both the User who reported the content and disagrees with our decision and the User whose content we found to be illegal have the right to appeal the content decision through the contact point indicated in Section 13 below. The appeal should include their name, contact information, and the reason for requesting a change in the decision.
Once you submit your appeal, we will promptly acknowledge receipt and review it within 14 days. Appeals will not be processed through automated means. We will provide a justification for our decision in accordance with all requirements under the Digital Services Act.
You have the right to appeal content decisions through the contact point indicated in Section 13 below. Your appeal should include your name, contact information, and the reason for your request to change the decision.
In the event of gross non-compliance with the provisions of this section and publishing illegal content, we may decide to temporarily block (suspend) or delete the account, as well as to limit the functionality of the account.
Any decision regarding a user's account is subject to compliance with the principles of objectivity and due diligence. Such a decision may be appealed, but it will not be processed automatically. The appeal will be reviewed within 14 days, and the user will be immediately informed of the outcome.
We are not responsible for any User Content if:
1) we have no actual knowledge of illegal activity or illegal content, and in relation to claims for damages – we have no knowledge of facts or circumstances that clearly indicate illegal activity or illegal content;
2) we will take appropriate measures immediately to remove or disable access to illegal content upon receipt of such knowledge or information.
If we have any information that gives rise to a suspicion that a criminal offence which threatens the life or safety of a person or persons has been, is being or may be committed, we will immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of our suspicion and provide all available information on the matter.
We have established a contact point to fulfill our obligations under the Digital Services Act (DSA) and through which relevant authorities and Users can communicate with us: info@ekoliva.pl . Using the provided email address, you can, in particular, report content that you consider illegal.
None of the above provisions are intended to limit the User's rights and should not be interpreted as such.

§11
Personal data protection

The administrator of Customers' personal data collected via the Online Store is the Seller.
The principles of processing personal data of their recipients and the Customer's rights are included in the Store's Privacy Policy.

§12
Final provisions

All rights to the Store and the goods offered, including intellectual property rights, property rights, and personal copyrights, belong to the Seller. Without the Seller's consent, it is not possible to reproduce or modify the content offered by the Seller.
The Seller reserves the right to amend these Terms and Conditions for important reasons, such as changes to the offer or changes in legal regulations. The new Terms and Conditions come into effect on the date of publication. Registered Users will be notified of the changes via email.
The Seller reserves the right to change the prices of goods and promotions without prejudice to contracts concluded before these changes.
In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply.
None of the provisions of the Regulations are intended to limit the rights of a consumer or entrepreneur guaranteed by the Consumer Rights Act and other applicable legal acts.
In the event of a dispute arising out of the concluded sales agreement, the parties will endeavor to resolve the matter amicably.
Consumers have the option of using out-of-court complaint and redress procedures. For example, consumers can:
1) apply to a permanent consumer arbitration court for resolution of the dispute,
2) submitting a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings to resolve the dispute amicably,
3) seek assistance from the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection.
More detailed information can be found at: https://polubowne.uokik.gov.pl/.

Template for a declaration regarding a complaint and a declaration of withdrawal from the contract – using the templates below is not mandatory, but only recommended.

ANNEX 1
TO THE ONLINE STORE REGULATIONS - DECLARATION OF WITHDRAWAL FROM A CONTRACT CONCLUDED AT A DISTANCE

ANNEX 2
TO THE ONLINE STORE REGULATIONS - PRODUCT COMPLAINT FORM