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Terms & Conditions

ExaTec Composites Online Store Terms and Conditions

These Terms and Conditions are directed at all users and outline the rules for registering and using an Individual Account, purchasing products via the Online Store, and the principles and conditions for providing free electronic services.

§ 1 DEFINITIONS

“Business Days” – days from Monday to Friday, excluding statutory holidays.

“Individual Account” – a panel assigned individually to the Customer after registering their details in the Online Store system, identified by the email address and password provided by the Customer in the Seller's IT system, allowing the Customer to use additional features of the Online Store's website.

“Consumer” – means an individual entering into a legal transaction with an entrepreneur not directly related to their business or professional activity.

“Customer” – an entity using the Online Store website, to whom services may be provided via the Online Store according to the Terms and Conditions and legal regulations.

“Entrepreneur” – means an individual, legal entity, or an organizational unit without legal personality, granted legal capacity by law, conducting business or professional activity in their own name and entering into a legal transaction directly related to their business or professional activity.

“Entrepreneur treated as a Consumer” – an individual entering into a Sale Agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for this person, particularly based on the subject of their business activity registered in the Central Registration and Information on Business Activity.

“Terms and Conditions” – these terms and conditions.

“Store or online store” – refers to the website available at the address: www.exatec.pl

“Seller” – ExaTec Composites Sp. z o.o. based at ul. Gdańska 120/5, 90-520 Łódź, entered in the National Court Register - Entrepreneurs register by the District Court for Łódź-Śródmieście in Łódź, under KRS number 0001142682, NIP 7272884620, REGON number 540404558, share capital 5000.00 PLN.

“Newsletter” – refers to the informational newsletter regarding new products and promotions in the Online Store, which the Customer has subscribed to by providing their email address in the “Newsletter” field on the Store’s website and selecting the “Subscribe” option.

§ 2 CONTACT INFORMATION

  1. Postal address: ul. Gdańska 120/5, 90-520 Łódź
  2. Email address: [email protected]
  3. Phone: +48 600 292 430
  4. Return address (in case of withdrawal from the contract): ul. Gdańska 120/5, 90-520 Łódź
  5. Address for sending the complained goods: ul. Gdańska 120/5, 90-520 Łódź
  6. Pick-up point - the point located at ul. Gdańska 120/5, 90-520 Łódź

§ 3 GENERAL PROVISIONS

  1. Every Customer can access the Terms and Conditions at any time through the "Regulamin" link located on the Online Store’s website.
  2. Information about Products posted on the Online Store, such as images, descriptions, and prices, constitutes an invitation to enter into a sales agreement within the meaning of Article 71 of the Civil Code, according to the terms of the Terms and Conditions.
  3. Photos and descriptions of the offered products serve to present the specific models of the Products indicated on them.
  4. The minimum technical requirements necessary to cooperate with the IT system used by the Seller, including the conclusion of the Sales Agreement and the provision of other electronic services, are: (1) a computer, laptop, or other multimedia device with internet access; (2) access to email and a valid email address; (3) standard web browser.
  5. The following is prohibited:
  • using the Online Store for conducting activities that would harm the interests of the owner of the Online Store, in a manner contrary to law, good customs, or infringing upon the personal rights of third parties,
  • providing unlawful content to the Store,
  • using the Store in a way that disrupts its operation or taking IT or any other actions aimed at obtaining information not intended for the Customer, including data of other Customers;
  • posting unsolicited commercial information within the Store, and
  • using the content posted on the Store’s website for purposes other than personal use.

§ 4 PURCHASES IN THE STORE

  1. The Seller enables the conclusion of sales agreements for Products through the Internet and provides other services specified in these Terms and Conditions.
  2. To register an Individual Account and conclude a Sales Agreement via the Online Store’s website, the Customer must have an active email account.
  3. Creating an Individual Account is not necessary to place an order in the Online Store.
  4. The Customer can place orders in the Online Store through the website 7 days a week, 24 hours a day.
  5. To place an order, the Customer must select Products in the Store, specifically in terms of their models, quantities, and sizes. Each Product must be added to the “Cart” using the “Add to Cart” option. Then the Customer can continue selecting Products. After completing the order, the Customer must proceed to the “Cart” and continue the order process. When placing the order, the Customer can log into their Individual Account or place the order as a “guest” by providing their personal information and delivery address in the relevant fields. In subsequent steps, the Customer can choose the delivery method for the Products and the payment method and will be informed of the total price for the selected Product and its delivery, as well as any additional costs they are required to pay in connection with the order.
  6. Next, the Customer places the order by selecting the option “Place order with obligation to pay”.
  7. A condition for placing an order is the acceptance of the Terms and Conditions and the Privacy Policy by marking the appropriate checkbox in the order form.
  8. The information provided by the Customer during the order process should be truthful, up-to-date, and accurate. The Seller reserves the right to refuse to process the order if the provided information is so inaccurate that it prevents order fulfillment, particularly preventing the proper delivery of the ordered Product. Before refusing to process the order, the Seller will attempt to contact the Customer to obtain the necessary data.
  9. Until the selection of Products is confirmed by clicking the “Place order with obligation to pay” button, the Customer can make changes and modifications to the Products in the order and to the contact details for shipping or invoicing. Until payment is made, the Customer may stop the order process by not continuing the subsequent steps. In this case, the Customer’s order will not be processed.
  10. The Customer’s order constitutes an offer to the Seller to conclude a sales agreement for the Products in accordance with the Civil Code.
  11. After placing the order, the Seller sends an order confirmation to the email address provided by the Customer.
  12. The conclusion of the Sales Agreement for the Products between the Seller and the Customer occurs when the Customer receives information about the acceptance of the order, as mentioned in paragraph 11. This information contains confirmation of the terms of the Sales Agreement concluded based on the Terms and Conditions.

§ 5 CREATION OF AN INDIVIDUAL ACCOUNT

  1. To create an Individual Account, the Customer is required to register their data in the Store's database free of charge. Registration takes place by filling out the registration form available in the “Log in” tab and selecting the option “Don’t have an account? Create it here.” Filling out the form requires providing the following data: first name, last name, email address, and setting a unique password for the Customer. The Customer may optionally provide their date of birth.
  2. A condition for creating an Individual Account is the acceptance of the Terms and Conditions and the Privacy Policy by marking the appropriate checkbox in the form.
  3. After submitting the completed registration form, the Customer will immediately receive confirmation of the Individual Account registration via email sent to the email address provided in the registration form. At this moment, an agreement for the provision of the Individual Account service electronically is concluded, and the Customer gains access to the Individual Account and the ability to make changes to the data provided during registration.

§ 6 DELIVERY

  1. Goods are delivered to the address specified by the Customer in the order within the European Union.
  2. Goods are delivered via the courier company DPD or INPOST using parcel lockers and couriers.
  3. Delivery fees for the Goods are provided in the order form.
  4. On the day the Goods are dispatched to the Customer, the Seller sends an email to the Customer's email address informing them about the shipment.
  5. If a delivery date in business days is provided, this refers to all days from Monday to Friday, including, except for statutory holidays.
  6. The delivery time for the Goods to the Customer is up to 5 business days, unless the Seller provides a shorter delivery time during the Order process. In the case of Goods with different delivery times, the longest delivery time stated applies.
  7. The delivery time for the Goods to the Customer, as mentioned in paragraph 6 above, is counted as follows:
  • If the Customer chooses an electronic payment or credit card payment method – from the day the Seller’s bank account or settlement account is credited.
  • If the Customer chooses a deferred payment method via Paynow.pl – from the day the Seller is notified by the lender about the conclusion of a credit agreement with the Customer, but no later than the day the Seller’s bank account is credited with the funds from the credit granted to the Customer.

8. The Customer receives an invoice for the order at the email address provided in the order form.

9. If the Customer does not collect the shipment containing the order, the Seller may charge the Customer for the return shipping costs to the Seller.

§ 7 PRICES AND PAYMENTS

  1. Prices on the website, given in Polish zloty, are gross prices, including VAT.
  2. The price of the Goods should be increased by the shipping cost, which depends on the chosen delivery and payment method.
  3. The purchase price of the Goods indicated on the Store’s website is final and binding from the moment the Customer receives an electronic message confirming the acceptance of the Customer’s order to purchase the selected Goods, as specified in § 3 paragraph 11. This price will not change, regardless of any price changes made on the Store’s website or promotional or clearance actions launched.
  4. The Customer can pay for the placed order, depending on their choice:
  • By regular bank transfer to the Seller’s bank account.
  • Cash on delivery
  • Via the payment platform: Paynow.pl

If the Customer chooses to pay via the Paynow.pl payment platform, the entity providing the online payment service is mElements S.A.. In case the Customer selects prepayment, the order must be paid within 5 business days from the order placement. Failure to receive payment in the Seller's bank account within 5 business days from the conclusion of the Sales Agreement, and additionally within the extended period set by the Seller, allows the Seller to withdraw from the Sales Agreement. The Seller informs that for some payment methods, due to their specificity, payment for the order can only be made immediately after placing the order.

The Customer, when making purchases in the Store, accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance. The Seller reserves the right to change the prices of Goods in the Store, introduce new Goods to the Store, conduct and cancel promotional actions on the Store’s website, or make changes in them in accordance with the Civil Code and other laws, provided that such changes do not violate the rights of persons who concluded Sales Agreements for the Goods offered by the Store before these changes or the rights of persons entitled to use a given promotion according to its rules and during its duration.

§ 8 ORDER FULFILLMENT

  1. The Seller is obligated to deliver the goods without defects.
  2. The order fulfillment time is specified in the Store.
  3. If the Buyer has selected prepayment for the order, the Seller will proceed with the fulfillment of the order after it has been paid. In case the Customer chooses payment by bank transfer, electronic payments, or credit card, the order will be processed from the day the Seller’s bank account is credited.
  4. If the Buyer has purchased goods with different fulfillment times within a single order, the order will be fulfilled according to the longest fulfillment time for the goods.
  5. The goods are delivered within the territory of the Europen Union.
  6. The goods purchased in the Store will be delivered depending on the delivery method chosen by the Buyer:
    1. Through a courier company
    2. To InPost lockers

§ 9 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The Consumer or Entrepreneur treated as a Consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 9 of the Terms and Conditions, within 14 days without providing any reason.
  2. The deadline for withdrawal from the contract expires 14 days from the day:
    1. On which the Consumer or Entrepreneur treated as a Consumer took possession of the goods, or on which a third party, other than the carrier and indicated by the Consumer or Entrepreneur treated as a Consumer, took possession of the goods.
    2. On which the Consumer or Entrepreneur treated as a Consumer took possession of the last item, or on which a third party, other than the carrier and indicated by the Consumer or Entrepreneur treated as a Consumer, took possession of the last item in the case of a contract for the delivery of multiple goods delivered separately.
    3. Of concluding the contract – in the case of a contract for the supply of digital content.
  3. To exercise the right of withdrawal, the Consumer or Entrepreneur treated as a Consumer must inform the Seller, using the details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract through an unambiguous statement (for example, a letter sent by mail or information sent by email).
  4. The Consumer or Entrepreneur treated as a Consumer may use the withdrawal form template provided at the end of the Terms and Conditions, but it is not obligatory.
  5. To meet the withdrawal deadline, it is sufficient for the Consumer or Entrepreneur treated as a Consumer to send the information about exercising their right to withdraw from the contract before the withdrawal period expires.
  6. In case of withdrawal from the contract, the Seller will refund all payments received from the Consumer or Entrepreneur treated as a Consumer, including the cost of delivery (except for additional costs resulting from the delivery method chosen by the Consumer or Entrepreneur treated as a Consumer, other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day the Seller was informed about the decision of the Consumer or Entrepreneur treated as a Consumer to exercise the right of withdrawal from the contract.
  7. The refund will be made using the same payment methods that were used by the Consumer or Entrepreneur treated as a Consumer in the original transaction, unless the Consumer or Entrepreneur treated as a Consumer agrees to another solution. In any case, the Consumer will not incur any fees related to the refund.
  8. The Seller may withhold the refund until the goods are received or until proof of their return is provided, depending on which event occurs first.
  9. In case of a refund for a transaction made by the customer with a payment card, the Seller will refund the amount to the bank account associated with the payment card used by the Customer.
  10. The Seller requests that goods be returned to the address: ul. Gdańska 120/5, 90-520 Łódź immediately, and in any case, no later than 14 days from the day the Consumer informed the Seller of their decision to withdraw from the sales contract. The deadline is considered met if the Consumer or Entrepreneur treated as a Consumer returns the goods before the 14-day period expires.
  11. The Consumer or Entrepreneur treated as a Consumer bears the direct costs of returning the goods, in accordance with applicable law.
  12. The Consumer or Entrepreneur treated as a Consumer is responsible for any decrease in the value of the goods resulting from their use beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
  13. If the goods, due to their nature, cannot be returned by ordinary mail, the Consumer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated to the Consumer or Entrepreneur treated as a Consumer by the Seller in the product description in the Store or during the order process.

§ 10 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The right to withdraw from a distance contract does not apply to the Consumer or Entrepreneur treated as a Consumer in relation to a contract:
    1. In which the subject of the service is a non-prefabricated item, produced according to the specifications of the Consumer or Entrepreneur treated as a Consumer, including material cut to non-standard lengths or intended to meet their individualized needs.
    2. In which the subject of the service is an item that spoils quickly or has a short shelf life.
    3. In which the subject of the service is an item delivered in a sealed package that cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery.
    4. In which the subject of the service is items that, after delivery, due to their nature, are inseparably combined with other items.
    5. In which the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.
    6. For the delivery of newspapers, periodicals, or magazines, except for subscription contracts.
    7. 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 withdrawal period expires.
    8. For the delivery of digital content not stored on a physical medium, if the performance of the service has started with the explicit consent of the Consumer before the withdrawal period expires and after the entrepreneur has informed the Consumer about the loss of the right to withdraw from the contract.
  2. The right to withdraw from a distance contract does not apply to entities other than the Consumer or Entrepreneur treated as a Consumer.

§ 11 COMPLAINTS

  1. In the case of a defective product, the Consumer or Entrepreneur treated as a Consumer has the right to file a complaint based on the warranty or guarantee regulated by the Civil Code, provided that a guarantee has been granted.
  2. When using the warranty, the Consumer or Entrepreneur treated as a Consumer may, under the terms and within the time limits specified in the Civil Code:
    1. Submit a statement of reduction in price
    2. In the case of a substantial defect - submit a statement of withdrawal from the contract
    3. Request the replacement of the product with a defect-free one
    4. Request the repair of the defect
  3. The Seller requests that complaints based on the warranty be submitted to the postal or electronic address provided in § 2 of the Terms and Conditions.
  4. If it turns out that for the consideration of the complaint, it is necessary to deliver the complained product to the Seller, the Consumer or Entrepreneur treated as a Consumer is required to deliver the product to the address: ul. Gdańska 120/5, 90-520 Łódź.
  5. If the product is additionally covered by a guarantee, information about it and its terms is available in the product description in the Shop.
  6. Complaints related to the operation of the Shop should be directed to the email address provided in § 2 of the Terms and Conditions.
  7. The complaint will be considered by the Seller within 14 days.

    OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS
  8. If the complaint procedure does not bring the expected result for the Consumer, the Consumer may use, among others:
    1. Mediation conducted by the relevant Regional Inspectorate of the Trade Inspection, to which an application for mediation should be submitted. In principle, the procedure is free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. Assistance from the relevant permanent consumer arbitration court operating at the Regional Inspectorate of the Trade Inspection, to which an application should be submitted for consideration of the case by the arbitration court. In principle, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    3. Free assistance from the municipal or district Consumer Ombudsman.
    4. The online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 12 OTHER SERVICES PROVIDED ELECTRONICALLY

  1. The Seller takes actions to ensure the proper functioning of the Shop to the extent that follows from current technical knowledge and commits to correcting any irregularities reported by Customers within a reasonable time.
  2. In addition to enabling the conclusion of Sales Agreements through the Shop in accordance with these Terms and Conditions, the Seller also provides the following free of charge electronic services to Customers:
    a. Newsletter service,
    b. Individual Account service,
    c. Product Availability Notification service.
  3. To begin receiving the Newsletter service, the Customer must consent to receiving the Newsletter by providing their email address in the appropriate field on the Shop’s website and confirming it by clicking the activation link sent by the Seller to the email address provided by the Customer (this marks the start of the service of delivering the Newsletter).
  4. The Newsletter is provided free of charge for an indefinite period. The Customer may unsubscribe from the Newsletter at any time and without providing a reason, in particular by clicking the deactivation link found in each Newsletter sent to the Customer via email, sending a relevant request to the Seller using the contact details, or by providing their email address in the "Unsubscribe from Newsletter" field on the Shop’s website.
  5. The Individual Account service is available after registering the data in the Shop system under the terms described in § 4 of the Terms and Conditions and consists of providing the Customer with an individual panel in the Seller's IT system, allowing the Customer to use additional functionalities of the Shop’s website, such as modifying Customer data, maintaining the Customer’s session after logging into the Individual Account, storing and providing the Customer with order history, and tracking order status.
  6. The Product Availability Notification service is available after filling in the relevant email address field.
  7. The Customer is entitled at any time to request the Shop to cease providing the services listed in section 1. In this case, the agreement for providing the Newsletter service or the Individual Account service is terminated, and the Seller has 14 days to either remove the Individual Account or remove the Customer's data from the database of people who have consented to receiving the Newsletter, subject to the principles of processing Customer personal data outlined in the "Privacy Policy" document, available on the Shop’s website under the "Privacy Policy" tab.

§ 13 PERSONAL DATA

  1. The administrator of the personal data provided by the Buyer while using the Shop is the Seller.
  2. The Buyer's personal data is processed based on the agreement and for its execution, in accordance with the principles set out in the General Data Protection Regulation (EU) (GDPR). Detailed information regarding data processing by the Seller is included in the privacy policy available in the Shop.

§ 14 FINAL PROVISIONS

  1. This Regulation is effective from January 1, 2023.
  2. Contracts concluded by the Seller are made in Polish.
  3. The Seller is responsible for non-performance or improper performance of the contract. In the case of contracts concluded with Clients who are Entrepreneurs, the Seller is only liable in the event of intentional harm and within the limits of actual losses incurred by the Entrepreneur Client. The preceding sentence does not apply to an Entrepreneur treated as a Consumer.
  4. The parties will strive to resolve any disputes arising from the contract based on this Regulation amicably.
  5. Using extrajudicial methods of handling complaints and claims is voluntary. Detailed information regarding the possibility for the Client to use such methods, as well as the principles of access to these procedures, is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). Information on this subject may also be available at the offices and websites of Provincial Inspectorates of the Commercial Inspection, district (municipal) consumer advocates, as well as consumer protection organizations. A Consumer or an Entrepreneur treated as a Consumer is entitled to use the following extrajudicial methods of making claims and handling complaints:
    a. the possibility of requesting a procedure for extrajudicial resolution of consumer disputes based on the Act of September 23, 2016, on extrajudicial resolution of consumer disputes (Journal of Laws of 2016, item 1823), e.g., to the Provincial Inspectorate of the Commercial Inspection in Katowice; b. submitting a request for a case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of the Commercial Inspection; and c. contacting the City Consumer Advocate for assistance in protecting consumer rights and interests. d. the dispute may also be resolved using the ODR online platform available at: http://ec.europa.eu/consumers/odr/.
  6. Failure to accept the Regulation prevents the purchase of Goods offered by the store.
    The store will enable the Client to familiarize themselves with the Regulation when placing an order. All orders accepted by the Seller for execution before the entry into force of the new Regulation will be executed based on the Regulation in force at the time the order was placed by the Client. Clients with an Individual Account will be informed of the change in the Regulation by email correspondence. The Client who does not accept the changes made to the Regulation has the right to withdraw from the contract for electronic services.
  7. The law applicable to the resolution of any disputes arising under this Regulation is Polish law. In matters not regulated by this Regulation, the generally applicable provisions of Polish law shall apply, particularly the Civil Code and other relevant provisions of generally applicable law.