2. GENERAL PROVISIONS
4. REGISTRATION AND ASSUMPTION OF ACCOUNT
5. TERMINATION OF AGREEMENT ON THE USE OF THE SHOP
6. PROCEDURE FOR CONCLUDING SALES AGREEMENT
7. PRICES AND PAYMENT
8. DELIVERY OF GOODS
9. SALES DOCUMENTS
10. RIGHT TO WITHDRAW FROM THE AGREEMENT
11. QUALITY AND GUARANTEES
12. COMPLAINT PROCEDURE
13. PROVISIONS CONCERNING ENTREPRENEURS
14. EXTRAJUDICIAL WAYS TO RESOLVE COMPLAINTS AND INVESTIGATE CLAIMS
16. LEGAL DISCLAIMER
17. FINAL PROVISIONS
1.1 „Seller”: Evston Sp. z o.o. with the registered office in Michałów 25, 26-110 Skarżysko-Kamienna, Poland registered in the District Court for the city of Kielce, the 10th Division of the National Court Register, under the KRS number: 0000752291, with the share capital of PLN 37 000,00 , Tax Identification Number (NIP): 663-187-75-37, Statistical No. (REGON): 381514488. Detailed contact information are available on web page www.evston.com in the “Contact” tab.
1.2 „Consumer” - person defined in Art. 22 of the Act of 23 April 1964. CIVIL CODE (Journal of Laws 64.16.93, as amended) and means a natural person performing a legal activity with an Entrepreneur not directly related to his/her business activity or profession. The party to agreements concluded with Evston Sp. z o.o. must be a natural person of full age.
1.3 „Entrepreneur" - a natural person, a legal person or an entity without legal personality that performs a legal act on its own behalf as part of a business or professional activity
1.4 „Customer "- a natural person, a legal person or an organizational unit that is not a legal person, the specific legal provisions of which grant legal capacity, which uses the services of the Seller available at www.evston.com and in the Shop.
1.5 „Shop" - an online Shop run by the Seller operating via a website available on the Internet at" - an online Shop operating via a website available on the Internet at www.evston.com
1.6 „User" - every Customer being a Consumer or Entrepreneur who will visit the www.evston.com website and set up a User Account in order to use the Seller's services available at www.evston.com and in the Shop.
1.7 "Account" - a User account created by him in the Shop in accordance with the rules set out in the Terms of Cooperation, enabling placing orders for goods in the Shop and performing specific activities as part of an Shop.
1.8 „Catalogue” - Wherever in the terms of the agreement reference is made to “Catalogue”, it should be understood as an edition in printed form, digital form, portable hard drive, website, advertising and press releases, leaflets, as well as all other methods of public presentation of commercial information by Evston.
1.9 „Terms of cooperation” - this document.
2. GENERAL PROVISIONS
2.1 These Terms of Cooperation are addressed both to Consumers and to Entrepreneurs using the products and services offered by Evston and those using the website and the Online Shop at www.evston.com (except point 13 of these Terms of cooperation, which is directed exclusively at to Entrepreneurs).
2.2 The provisions contained in the Terms of cooperation apply to all contracts concluded between the Consumers, Entrepreneurs, Users and Evston Sp. z o.o. (hereinafter "Evston"), which relate to the products and services offered by Evston, in particular these Terms of Cooperation, relate to the rules of using the Online Shop and the method of providing electronic services and sales via the Online Shop at www.evston.com. The terms of Evston cooperation are published on the website www.evston.com in the "Terms of cooperation" tab.
2.3 The Consumer and Entrepreneurs acknowledges that goods sold by Evston, unless the manufacturer of a given products guarantees otherwise as regards their use, are not designed and dedicated for use, where faults may result to health and life threatening situations or catastrophe causing damage to property; and in particular are not designed for nuclear application, use in medical applications or to save and sustain life.
2.4 The Consumer and Entrepreneurs undertakes to comply with the customs, import and export regulations of the country to which the goods purchased from Evston are to be delivered, as well as to acquire the necessary permits or licences for sale, export, re-export, import of goods from the country of origin, in so far as the legislation in force in these countries requires them to be obtained and to comply with the customs legislation of these countries.
2.5 The pictures of goods presented in the Shop do not reflect their real size and have the character of visual information.
2.6 The legally binding Terms of Cooperation is the Polish language version. Other language versions are only for informative purposes.
2.7 To use the Shop properly it is necessary to:
a) possession or access to a computer, laptop or other multimedia device;
b) having access to the Internet;
d) having your own active e-mail address.
2.8 If the requirements from point 2.7 are not met, using the Shop may be difficult or impossible.
2.9 All goods presented in the Shop catalog at www.evston.com are brand new, unless otherwise specified in the product description.
3.1 The Seller allows Customers via the website and the Shop to use free services consisting of browsing information posted on the website and in the Shop, keeping an Account in the Shop, providing an interactive form enabling Consumers and Entrepreneurs to place an order in the Shop, providing an interactive form enabling Customers to contact the Seller .
3.2. Indicated in pt. 3.1 services are provided by the Seller 24 hours a day, 7 days a week, except for temporary maintenance breaks about which the Seller informs by an appropriate message at www.evston.com
3.3 The contract for the provision of a service consisting in browsing information placed in the Shop and on subpages www.evston.com is concluded for a definite period of time and is terminated when the Customer closes the Shop's website.
3.4 The contract for the provision of a free service consisting in keeping an Account in the Shop is concluded for an indefinite period and terminates when the User sends a notice in the form of a written statement sent to the Seller's address provided in the Terms of Cooperation or at the e-mail address: email@example.com.
3.5 The contract for the provision of a service consisting in providing an interactive form enabling the Customers to place an Order in the Shop is concluded for a definite period of time and terminates at the time of placing the Order.
3.6 The contract for the provision of a service consisting in providing an interactive form allowing the Customers to contact the Seller is concluded for a definite period and shall be terminated upon the Seller's reply.
4. Registration and account creation
4.1.1 Registration and creating an Account in the Shop is free of charges.
4.1.2 The account can be set up by: Consumer and Entrepreneurs with full legal capacity.
4.1.3 Each User can set up only one Account in the Shop.
4.1.4 Registration and opening an Account requires prior acceptance of the Terms of Cooperation by the User.
4.1.5 A person wishing to set up an Account in the Shop, completes and sends to the Seller an appropriate registration form, located on the Shop's subpage. The registration form is the Seller's offer addressed to the future User regarding the conclusion of the contract for the use of the Shop.
4.1.6 In the registration form, the future User is obliged to provide the following information: name, surname, e-mail address, password and optionally date of birth. In the case of registration as an Entrepreneur, it is also mandatory to provide the name of the company and VAT identification number .
4.1.7 It is forbidden to add unlawful content in the registration form and in particular to provide incorrect and / or false data in the registration form, including other people's e-mail address.
4.1.8 The User is obliged to provide true, current and complete data. The User is liable for the consequences of providing unlawful, incorrect or untrue data in the form.
4.1.10. Saving of the registration form results in sending it to the Seller and constitutes acceptance of the Seller's offer to conclude an agreement on the use of the Shop. Accepting the Seller's offer results in the conclusion of an agreement on the use of the Shop.
4.1.11 The contract for the use of the Shop is concluded for an indefinite period.
4.1.12 The Seller allows the User to edit the information that is necessary for registration in the Shop and shipping data. Data can be modified after logging in to your account. It is also possible to change the password to the Account.
4.1.13 The User is entitled to withdraw consent to the processing of personal data in order to send commercial information in the form of a newsletter. Withdrawal of consent takes place through a statement made in writing to the Seller's address provided in the Terms of Cooperation or at the email address e-mail: firstname.lastname@example.org
4.1.14. The User is entitled to delete his Account from the Shop and terminate the agreement on the use of the Shop at any time. Termination takes place via a statement made in writing to the Seller's address provided in the Terms of Cooperation or at the email address e-mail: email@example.com. The account will be deleted immediately, but not later than within 7 days from the date of receipt of such a statement by the Seller.
4.1.15 Registration and creation of an Account is not the only condition to place an order in the Shop. Conditions of ordering in this mode are included in point No. 6 of the Terms of cooperation.
5.TERMINATION OF AGREEMENT ON THE USE OF THE SHOP
5.1 The Seller is entitled to terminate the contract for the use of the Shop in the case of:
a) termination of running the Shop by the Seller;
b) termination business activity by the Seller;
c) changing the subject of business activity by the Seller;
d) if the Customer provided false, inaccurate or outdated data, misleading or infringing the rights of third parties during registration in the Shop;
e) if the Customer has committed a violation of personal rights of third parties through the Shop, in particular the personal goods of other Customers of the Shop
f) if the Customer commits other behaviors that will be recognized by Evston Sp. z o.o. for behavior inconsistent with applicable law or harming the Seller's reputation.
5.2 Termination / refusal may take place in writing or by e-mail to the Customer's e-mail address.
6. THE PROCEDURE OF CONCLUSION OF THE SALES AGREEMENT
6.1.1 Information about goods and services listed on the website and subpages and www.evston.com Shop dzialałającym via the www.evston.com, in particular advertisements, price lists, product descriptions, technical and performance characteristics and price, constitute an invitation to enter into a contract, within the meaning of art. 71 of the Civil Code, but they do not constitute an offer within the meaning of art. 66 of the Civil Code.
6.1.2 Orders in the Shop may be placed 24 hours a day, 7 days a week, except for temporary maintenance breaks about which the Seller informs by an appropriate message at www.evston.com and orders placed by email may be placed on working days from Monday to Friday, outside statutory holidays from 8:00 to 16:00
6.1.3 It is possible to place an order for goods not available on the Online Shop and presented at www.evston.com. The possibility of placing an order, an offer to buy, agreeing the deadline for the implementation of special orders for this goods is agreed individually with Evston Sp. z o.o. For this purpose, the query should be sent to the e-mail address: firstname.lastname@example.org or use the contact form in the "Contact" tab.
6.1.4 The condition for submitting each order is to have an active e-mail account.
6.1.5 In order to place an order in the Shop, the Customer first selects the goods on the Shop website and on its subpages and determines the quantity of the product and then by clicking on the "Add to cart" option places the goods in a virtual basket. The customer can view the contents of his basket and add or remove a selected product from the cart.
6.1.6 Each Order may be placed by:
a) completing the electronic order completion form. The form includes the Customer's data needed to process the order, in particular: name and surname, e-mail address and delivery address, invoice address if different from the delivery address, choice of delivery method and payment.
b) completing the electronic order fulfillment form using the data of the User who has an Account in the Shop (after logging into his account), choose the delivery address, invoice address if different from the delivery address, delivery method and payment.
c) placing an order by sending an e-mail to the e-mail address email@example.com provided by the Seller on the Shop's website, including the Customer's data needed to process the order, in particular: name and surname, address, e-mail address, delivery address, data for invoices, a list of ordered goods along with their Indexes and quantities, and a method of delivery available from the Shop.
6.1.7 in the case of placing orders via the Shop after filling in by the Customer all the necessary data in the order form in the "payment" tab, a summary and summary of the order will be displayed in a clear manner. The order summary will contain information about:
a) ordered goods
b) unit and total price of ordered goods or services, including taxes, including delivery costs and additional costs (if any),
c) the chosen payment method,
d) the chosen method of delivery,
e) Customer's address data
f) invoice data
6.1.8 In order to send an order, it is necessary to:
a) choosing a payment method if you have not already selected it
b) confirmation of familiarization with the Terms and Conditions of cooperation and instruction on the right to withdraw from the contract by agreeing to the content of "Terms of cooperation" and "terms of withdrawal" from the contract,
c) pressing the button"Order with payment obligation".
6.1.9 The order sent by the Customer is submission to the Seller, an offer to conclude a contract for the sale of the Goods being the subject of the order.
6.1.10. After placing the order, the customer receives an email confirming the receipt of the order (along with the individual order number)
6.1.11 The Seller then sends to the e-mail address provided by the Customer confirmation of the order for execution, which is a statement of the Seller about accepting the offer referred to in point. 6.1.9
6.1.12 Customers placing Orders by sending an electronic message to the e-mail address firstname.lastname@example.org in order to place an order should:
a) indicate the method of delivery and payment method among the delivery methods and payments given on the Shop's website,
b) provide the data needed to process the order, in particular: name and surname, address, e-mail address, delivery address, invoice details, list of ordered goods along with their indexes and quantities, delivery method.
6.1.13 In the case of Customers who are Consumers within the meaning of art. 22  of the Civil Code placing orders by sending a message to the e-mail address email@example.com. Each time after receiving the Order to the e-mail address, the Seller sends to the Consumer confirmation of the conditions of the placed Order, which will contain information:
a) Index and description of the subject of the Order,
b) unit and total price of ordered products or services including taxes, including delivery costs and additional costs (if any),
c) the method of contact with the Seller,
d) the chosen method and date of payment,
e) the chosen method of delivery,
f) delivery time,
g) buyer's contact details
h) invoice data
i) Terms of cooperation
j) instruction on the right to withdraw from the contract with its model
6.1.14 In the case in accordance with points 6.1.12 and 6.1.13, the Agreement is concluded upon sending by the Consumer (in response to the order conditions sent by the Seller) an electronic message to the Seller's e-mail address where the Consumer: accepts the content of the sent Order and agrees to its implementation and accepts the terms of cooperation and confirms reading the instruction on withdrawal from the contract.
6.1.15 Consolidation, security, disclosure and confirmation of the essential provisions of the Goods Trade Agreement to the Customer shall be sent to the buyer at the e-mail address provided and a confirmation printout, order specification and VAT invoice attached to the package containing the Product.
6.1.16 Just sending an order to the Seller does not constitute a contract, and the lack of an answer does not mean tacit approval of the order to be carried out by the Seller.
6.1.17 The sales contract is concluded in Polish, with the content in accordance with the Terms of Cooperation.
7 PRICES AND PAYMENT
7.1. Prices contained in the printed catalog, on removable disks, in advertisements, press releases, leaflets and other information materials should be treated as indicative and do not constitute an offer within the meaning of art. 66 of the Civil Code. The binding price is published by Evston in the Shop on the website www.evston.com at the time of placing the order, unless the price has been agreed in writing with Evston Sp. z o.o.
7.2 In the case of a prepayment made for the purchase of a given product, the price applicable is the pro forma invoice price. The price indicated on the proforma invoice is valid only until the last day of the payment deadline of the price indicated on this invoice.
7.3. Prices on the Shop's website www.evston.com are presented in PLN and EUR currency and include Polish VAT tax. The prices never include transport costs. These are Ex works prices.
7.4. The shop's customer may choose the following payment methods:
a) traditional bank transfer to the Seller's bank account (in this case, the implementation of the Order will begin after sending to the Customer confirmation of acceptance of the Order for execution, and the shipment will be made immediately after receipt of the payment to the Seller's bank account and after Order picking process),
b) electronic payment (in this case, the implementation of the Order will begin after sending to the Customer confirmation of acceptance of the Order for execution and after receipt by the Seller of information from the paying agent system about the payment by the Customer and the shipment will be made immediately after Order picking process).
7.5 Electronic payments, including via payment cards, are operated by PayPro Spółka Akcyjna with its registered office in Poznań at ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań New Town and Wilda, VIII Commercial Division of the National Court Register under the number KRS 0000347935, tax identification number 7792369887, with share capital of PLN 4,500,000.00 , fully paid-up, entered in the register of domestic payment institutions maintained by the Polish Financial Supervision Authority under the number of the entity in UKNF IP24 / 2014, as the national payment institution.
7.6 Settlement of payment for ordered goods made through PayPro (website www.przelewy24.pl) is carried out in accordance with the following rules:
a) Payments through PayPro may only be made by persons authorized to use a given payment instrument, on the basis of which the payment is made, in particular the given payment card may be used only by its authorized holder. Detected cases of abuse will be reported directly to the relevant Police departments.
b) Evston Sp. z o.o. provides the Shop Customers with the appropriate transaction form. The data from the form is automatically transferred to the PayPro Partner via PayPro.
c) The Shop Customer, after completing the order fulfillment form and after selecting the payment method via PayPro, is automatically redirected accordingly:
- in the case of payments made using a payment card, to the PayPro Partner website, which is the authorization and settlement center,
- in the case of payment by way of an online transfer, to the PayPro Partner website, which is a bank,
- in the case of payments by traditional transfer, to the PayPro website. (In this case, the Shop Customer should make a transfer exactly in accordance with the generated bank transfer printout).
d) In order to make a payment, the Shop Customer should confirm the payment on the websites of the relevant PayProo Bank Partner or the authorization and billing center in accordance with the rules defined by them. In the event of any changes to the payment form made available on these pages and automatically completed by PayPro, the payment may not be made.
8 DELIVERY OF GOODS
8.1.1 The delivery of the goods from Shop is limited to the territory of the European Union and is carried out to the address indicated by the user while placing the Order.
8.1.2 Seller offers delivery of goods from Shop to the countries indicated in the “How to buy” tab on the “Delivery & Payments” subpage. Delivery of goods to countries outside the group is only possible subject to individual arrangements with Evston Sp. z o.o. Evston does not deliver goods to territories and people who under Polish or international law are subject to embargo or restrictions on trade and sales of goods.
8.2.1 Shipping costs are covered by the User placing the Order, unless otherwise agreed in a separate agreement between the User and Seller.
8.2.2 The amount of shipping cost depends on the weight of the package, its size and country of destination, as well as the choice of carrier/freight forwarder.The amount of shipping costs can be checked at www.evston.com in the "How to buy" tab on the "delivery and payment" subpage.
8.2.3 Shipping costs are presented when placing an order and are included in the order and invoiced with the first shipment containing the goods of a given order. Inclusion, at the request of the Consumer, of an additionally ordered product to a second or third shipment containing a given order, means that the shipment containing the additionally ordered products shall be treated as a new order, and thus shipping costs shall be charged.
8.2.4 Where the weight of a parcel does not fall within the lump weight for a given country (or such a lump weight is not defined), the shipping cost is individually agreed on with the Evston.
8.2.5 The delivery is made immediately, no later than within 30 days of the conclusion of the contract.
8.2.6 The delivery time for a product includes the order processing time and transportation time by the carrier/freight forwarder. The order processing time is an indicative time counted from the moment of approval of the order for execution by the Seller, until the subject of the order is issued to the carrier/freight forwarder. The order processing time is subject to the availability of a given product, while the transport time depends on the choice of carrier/freight forwarder. Details regarding delivery times are available in the "How to buy" tab on the "delivery and payment" subpage.
8.2.7 The Customer chooses a carrier when placing the order from the different options offered by Seller. Delivery by a carrier different than that offered by Evston is only possible for individual written agreements between Evston Sp. z o.o. and the Customer.
8.2.8 Receipt of goods at the Evston’s headquarter in Michałów at Michałów 25, 26-110 Skarżysko-Kamienna, Poland is impossible.
8.2.9 Evston Sp. z o.o. does not run a sales outlet - the sale takes place exclusively via the Internet.
8.2.10 Seller is responsible for defects in accordance with the provisions of the polish Civil Code, the Act of 23 April 1964. CIVIL CODE (Journal of Laws 64.16.93, as amended)
9 SALES DOCUMENTS
9.1 Seller issues a sales document for every concluded transaction.It is always a VAT invoice.
9.2 Invoices may be issued in the following currencies: PLN and EUR. Customer selects the currency in the Shop on the website www.evston.com before placing an order.
10 RIGHT OF WITHDRAWAL
10.1 A Customer who is a Consumer within the meaning of art. 22  of the Civil Code (Journal of Laws 64.16.93, as amended)), who has entered into a distance selling agreement with Evston, has the right to withdraw from this contract within 14 days without giving any reason.
10.2 The deadline for withdrawal from the contract expires after 14 days from the day:
a) the Customer came into possession of the item or a third party other than the carrier and person indicated by the Customer came into possession of the item,
b) and in the case of an agreement requiring the transfer of ownership for several items delivered separately, in which the client came into possession of the last of the items or a third party other than the carrier and person indicated by a Customer came into possession of the last of the items.
c) in the case of contracts for regular delivery of goods for a specified period of time: in which the Consumer came into possession of the first item or in which a third party other than the carrier and indicated by the Consumer came into possession of the first item.
10.3 To exercise the right to withdraw from the contract, the Consumer must inform Evston Spółka Sp. z o.o. , Michałów 25, 26-110 Skarżysko-Kamienna, e-mail: firstname.lastname@example.org of their decision to withdraw from this agreement through an unequivocal declaration (for example; a letter sent by mail or e-mail).
The Consumer may use the model withdrawal form set out on our website and also available for download here. However, it is not mandatory.
To maintain the withdrawal deadline, it is enough for the Consumer to send information regarding exercise of the Consumer right to withdraw from the agreement before the expiry of the withdrawal deadline.
10.4 Consequences of withdrawal from the agreement
In the event of withdrawal from agreement, Evston Sp. z o.o. shall refund all payments received from the Consumer, including the cost of delivery of the goods (with the exception of additional costs resulting from the Consumer’s choice of a different form of delivery other than the cheapest delivery method offered by Evston Sp. z o.o.), immediately and in any case no later than 14 days from the date on which Evston Sp. z o.o. was informed of the decision of the Consumer to exercise the right to withdraw from this contract. Evston Sp. z o.o. will refund payments using the same payment methods that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise; in any case the Consumer does not incur any charges in relation to this refund. Evston Sp. z o.o. may withhold the refund until receipt of the items or the Consumer has provided evidence of return, depending on which event occurs first.
Please immediately send or forward items to Evston Sp. z o.o. , Michałów 25, 26-110 Skarżysko-Kamienna, POLAND immediately and in any case not later than 14 days from the date on which the Consumer informed Evston Sp. z o.o. of withdrawal from this agreement. The deadline is met if the Consumer returns the item prior to expiry of 14 days. The Consumer will have to incur the cost of the return of the goods. Where the goods given their nature cannot be returned in the usual way by post, the amount of these costs for sale in Poland is estimated at a maximum amount of approximately 300 PLN.
The Consumer shall only be liable for the diminished value of the item as a result of using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
10.5 Absence of the rights to withdraw from the agreement and circumstances under which the Consumer loses the rights of withdrawal. The Consumer is not entitled to withdraw from a distance agreement in relation to agreements:
a) for the provision of services, if the Entrepreneur has performed a complete service with the express consent of the Consumer, who had been informed prior to commencement that upon provision of the service by the Entrepreneur, the Consumer loses the right of withdrawal;
b) in which the price or remuneration depends on fluctuations in the financial market, on which the Entrepreneur has no control, and which may occur prior to the expiry of the deadline for withdrawal from the agreement;
c) in which the subject of the service provided is not a prefabricated product, manufactured according to the specifications of the Consumer or intended to meet the Customer’s individual needs;
d) in which the subject of the service provided is a perishable product or has a short shelf life;
e) in which the subject of the service provided is an item delivered in a sealed package that cannot be returned after opening due to health or hygiene reasons, if the packaging has been opened upon delivery;
f) in which the subject of the service provided are items that after delivery, due to their nature, are inextricably linked to other items;
g) in which the Consumer specifically demanded that the Entrepreneur visit him to make urgent repairs or maintenance; if the Entrepreneur provides additional services other than those which the Consumer demanded or provides items other than spare parts necessary for repair or maintenance, the Consumer is entitled to withdraw from the agreement for the additional services or items;
h) in which services provided are visual or sound recordings or computer programs delivered in a sealed package if the package has been opened upon delivery;
i) concluded via a public auction;
j) for the supply of digital content, which are not saved on a tangible medium if the fulfilment of the service began with the express consent of the Consumer prior to the expiry of the withdrawal deadline and after informing the Consumer of the loss of the right to withdraw from the agreement.
11 QUALITY AND GUARANTEES
11.1 Evston sells high-quality goods. The methods of transport, storage and packaging guarantee protection from mechanical and electrical damages.
11.2 Goods may be covered by the manufacturer’s, distributor’s or Evston warranty. If a product comes with a warranty, the provisions therein are binding. Information on the warranty period for particular goods can be found in the products’ description at www.evston.com . Detailed terms of the warranty are specified in the warranty document of exact product.
11.3 The warranty on the goods sold does not exclude, limit or suspend the rights of the Consumer's resulting from statutory warranty for product defects.
11.4 The guarantee expires if the User tamper the subject of delivery without the Seller's written consent or if the third party tamper the subject of delivery at the User's request, in particular by attempting a repair by a third party or repair and removing the defect is impossible or unjustified for the Seller. The User bears all additional costs of removing the defect, which may arise as a result of manipulation made with the product without the Seller's written consent.
12 COMPLAINT PROCEDURE
12.1. We accept and examine Customer complaints in accordance with applicable law in poland, in particular pursuant to the Act of 23 April 1964 of the Civil Code (Journal of Laws 2014 item 121 - uniform text, as amended). Under the law, the Seller is obliged to deliver the ordered goods without defects.
12.2 The Seller is liable to the Consumer, if the item sold has a physical or legal defect (statutory warranty).
12.3 Physical defect is the non-conformance of an item sold with the agreement. In particular, an item sold is inconsistent with the agreement if:
a) it does not have the properties characteristic of such type of item given the purpose indicated in the agreement or arising from circumstances or applications;
b) it does not have properties, the existence of which the Seller assured the buyer, including by providing a sample or model;
c) it is unfit for the purpose, for which the buyer has informed the Seller during the conclusion of the contract, and the Seller did not raise any objections as to such application;
d) it was delivered to the Consumer incomplete.If the buyer is a Consumer, the assurance of the Seller is treated on an equal footing with the public assurance of the manufacturer or its representative, the person introducing the item to the market within the scope of his/her business activity, and persons who by placing their name, trademark or other distinctive signs on the item sold, present themselves as the manufacturer. Evston is not liable to the Consumer, where the item sold lacks properties arising from the public assurances referred to in the preceding sentence, if it was either unaware of these assurances or judging reasonably, could not have known or influenced the decision of the buyer to conclude the sales agreement, or where their content have been corrected prior to the conclusion of the sale agreement.
e) An item sold has a physical defect in the event of its incorrect assemblage and launch, if these actions were performed by the Seller or a third party, for which Evston Sp. z o.o. is responsible, or by the Consumer who acted according to the instructions received from Seller. Evston Sp. z o.o. is liable subject to statutory warranty for physical defects that occurred at the moment of transfer to the Customer, for the danger of accidental loss or damage of items (issue of items to the Consumer) or resulting from underlying causes in the item sold at the same time.
12.4 We encourage you to report any complaints using the contact form on the website www.evston.com in the tab “Contact Us". Complaints about goods can also be reported to:
a) e-mail to the following address: email@example.com
b) in writing to the following address: Evston Sp. z o.o. Michałów 25, 26-110 Skarżysko-Kamienna, Poland
The complaint should contain an accurate description of the reasons for the complaint and expected method of handling. Evston Sp. z o.o. may demand the presentation of the proof of purchase.
12.5 The Seller shall consider complaints from Consumers and inform them of any further procedure within 14 days.
12.6 Returns of defective goods or goods delivered by mistake should be effected immediately by means of shipment without payment on delivery after consultation with Evston Sp. z o.o. Seller may in a particular cases suggest commissioning the receipt of goods to a particular carrier or courier.
12.7 If the consignment reach Consumer in a state indicating mechanical damage during transport, please check it in the presence of the courier and draw up a protocol describing the damage. Such a protocol signed by the carrier helps us to facilitate acknowledgment of the complaint.
12.8 Refund Policy: Seller shall refund the payment via the same channel the payment was made, and in other cases, to the bank account indicated by the Customer, unless Seller and the Customer agree otherwise.
12.9 If the item sold has a defect, the Consumer may:
a) submit a statement requesting a reduction in the price or withdrawal from the agreement, unless Evston immediately and without undue inconvenience to the Consumer replaces the defective item for one free from defects, or removes the defect. This restriction does not apply if the item has already been replaced or repaired by Evston Sp. z o.o., or when Evston Sp. z o.o. did not replace the item for one free of defects or did not remove the defect. The reduced price should be proportional to the price resulting from the agreement, in which the value of defective items remains the same as the value of the items without defect. The Consumer cannot withdraw from the agreement, if the defect is irrelevant;
b) request replacement of items for those free of defects or remove the defects. Evston obliged to replace the defective item for one free from defects or to remove a defect within a reasonable period without excessive inconvenience to the Consumer. Evston Sp. z o.o. may refuse to compensate the Consumer, if bringing the defective item into conformity with the agreement in the manner chosen by the Consumer is impossible or in comparison with other possible means, bringing it to conformity with the agreement would entail excessive costs.
12.10 Claims due to defects do not arise if the defect occurs as a result of non-observance of the operating instructions, storage, maintenance or improper installation, incorrect, improper or incorrect use, negligence of the Customer, subjecting excessive mechanical, chemical, electrical or naturally occurring wear.
13 PROVISIONS CONCERNING ENTREPRENEURS
13.1.1. This point Nr. 13 of the Regulations and the provisions contained therein relate only to Entrepreneurs and recipients who are not Consumers within the meaning of the Civil Code. The provisions contained in this item do not exclude the remaining provisions contained in the Terms of Cooperation that apply to all Customers.
13.1.2 The terms and conditions of Entrepreneurs and recipients who are not Consumers fulfill the terms and conditions of contracts with content different from the Terms of Cooperation of Evston are not accepted by Evston. Any additional or different business terms of Entrepreneurs and non-Consumer purchasers are binding on Evston only if they have been expressly accepted by Evston in writing.
13.1.3 If the Entrepreneur or service buyer who is not a Consumer remains in permanent commercial relations with Evston, acceptance of the Evston Terms of Business by registering the User's account in the Store at www.evston.com or at any order is considered as acceptance of all subsequent agreements , unless an agreement regulating the terms of its implementation has been concluded with Evston in relation to the order in question. In the event of a change in the terms of cooperation by Evston in the course of commercial cooperation, the acceptance of the amended terms of Evston with one order shall be deemed to be accepted by all subsequent contracts.
13.1.4 The Seller shall have the right to withdraw from the Sales Agreement concluded with the Entrepreneur or service recipient who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Entrepreneur or service recipient who is not a Consumer in relation to the Seller.
13.1.5 The Seller reserves the right to refuse to accept the order, to suspend the order or to send the ordered goods if the Entrepreneur or service recipient who is not a Consumer is in arrears with payments or its legal or financial situation may cause problems in making payments in the future or when Evston becomes doubtful about the payment the financial situation of an Entrepreneur or service recipient who is not a Consumer.
13.1.6 In the case of Entrepreneurs or recipients who are not Consumers placing orders by e-mail, the Seller may agree individual payment terms, including also require prepayment in full or in part.
13.1.7 Unless expressly indicated otherwise, all individual offers of the Seller submitted to Entrepreneurs or recipients who are not Consumers are subject to change and are not binding. The Seller accepts / accepts orders within 14 days of their receipt.
13.1.8 The order will be binding for the Seller (conclusion of the contract) after submission of a written confirmation of the order by the Seller.
13.1.9 Indications made by the Seller on the subject of a product or service (e.g., Weight, dimensions and technical data or other service data), as well as corresponding Seller's statements with respect to these indications (e.g. Sketches, illustrations) will be approximations, unless The purpose of the contract requires strict consent with specific indications, in which case only the written expressions in the Seller's wording are binding. Normal deviations resulting from legal provisions or technical improvements, as well as the replacement of some parts by others of equal quality and function, are acceptable as long as they do not violate the intended purpose of the contract.
13.2.1 The Seller retains title and / or copyright for all offers and quotes which he presents, as well as all sketches, illustrations, invoices, prospectuses, Catalogs, models, tools and other documentation and supporting materials. An Entrepreneur or service buyer who is not a Consumer does not make these materials or their content available to third parties, or discloses them to third parties without the express consent of the Seller, nor uses them or reproduces them, personally or with the help of third parties.
13.2.2 In the event of withdrawal by the Entrepreneur or service recipient who is not a Consumer from the contract before delivery of the ordered item, the Seller is entitled to invoice the Entrepreneur or service recipient who is not a Consumer for all costs incurred until his withdrawal. These costs include, among others, project planning costs, processing costs to compile the order, production planning costs, and the costs of manufactured and purchased goods.
13.2.3 All requests for cancellation, change of schedule, refunds or modifications made by the Entrepreneur or service recipient who is not a Consumer must be in writing and no action shall take effect unless it is approved in writing by the Seller. Such cancellations, schedule changes, refunds or modifications will be subject to reasonable charges to be determined individually by Evston.
13.2.4 If the time between the date of conclusion of the individual contract and the delivery date specified in this contract is more than 3 months, the Seller is entitled to transfer to the Entrepreneur or the customer who is not a Consumer an increase in material costs in that period. These increases are transferred to the extent that they were incurred by the Seller. The seller is entitled to apply current prices on the day of delivery.
13.2.5 The type of packaging for the purpose of shipment is selected at the Seller's reasonable discretion. Alternatively, any application for a particular type of packaging for the purpose of shipment, clearly provided by the Entrepreneur or service recipient who is not a Consumer, will be respected.
13.2.6 If the Entrepreneur or service recipient who is not a Consumer determines a particular type of packaging. The seller reserves the right to add the packaging price separately.
13.2.7 Entrepreneurs or services recipients who are not Consumers from European Union countries are required to provide the European VAT registration number in order to make a purchase with a VAT rate of 0%. If Evston does not receive a confirmed VAT registration number from an Entrepreneur or a non-Consumer recipient, as well as confirmation of receipt of the goods in writing, the Seller will be required to issue an invoice subject to Polish VAT tax in accordance with the applicable rate. An Entrepreneur or service buyer who is not a Consumer may be charged with a Polish tax on goods and services (VAT) if Evston fails to provide confirmation of the validity of the European VAT registration number as of the date of conclusion of the contract with Evston Sp. z o.o. and when the number will not be valid on the day of delivery. An Entrepreneur or service buyer who is not a Consumer will be charged with a Polish tax on goods and services (VAT) also in the case when he transports the purchased goods outside Poland's territory and does not deliver to Evston Sp. z o.o. written confirmation of exporting the goods to another country of the European Union.
13.2.8 Evston Sp. z o.o. reserves the right to charge statutory penalty interest for untimely payment of receivables by the Entrepreneur or service recipient who is not a Consumer.
13.2.9 Upon the release of the Product by the Seller, the carrier shall transfer to the Entrepreneur or the recipient who is not a Consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for carriage until it is delivered to an Entrepreneur or service recipient who is not a Consumer and for delay in transporting the shipment. This also applies in the case of partial deliveries or when the Seller has agreed to provide other services (eg Shipping).
13.3.1 In the event of delay in shipment for which responsible is a Entrepreneur (buyer) or a service buyer who is not a Consumer, the risk passes to the Entrepreneur (buyer) or service recipient who is not a Consumer and the goods are considered delivered to the Entrepreneur or service recipient who is not a Consumer on the day of making the item available for delivery in the Seller's warehouse and Seller informed the Entrepreneur or the service recipient who is not a Consumer in writing.
13.3.2 The costs of storage after making the delivery subject available for delivery in the Seller's warehouse shall be borne by the Entrepreneur (buyer) or a service buyer who is not a Consumer. In the case of storage provided by the Seller, the seller may charge the Entrepreneur or the customer who is not a Consumer with storage costs in the amount of 0.05% of the invoice value of the delivery objects to be stored for each day. The contractual parties may agree, by written agreement, with other, higher or lower storage costs. The seller may also sell the item to the buyer's account in this case, however, he should have previously designated the buyer an additional time to collect the item and the seller is obliged to immediately notify the buyer of the buyer's spoil.
13.3.3 The consignment will be insured with the carrier by the Seller only at the express request of the Entrepreneur or the recipient of the service which is not a Consumer. The cost of insurance shall be borne by the Entrepreneur or the service buyer who is not a Consumer.
13.3.4 In the event of sending the Product to an Entrepreneur or service recipient who is not a Consumer via a carrier, the Entrepreneur or service recipient who is not a Consumer is obliged to inspect the parcel in time and in the manner accepted for such consignments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier. In the presence of the courier, check it and write a protocol describing the damage.
13.3.5 Quantitative complaints may be reported to the Seller not later than within 7 business days of the receipt of the package by the buyer. Failure to notify the Seller within the prescribed period results in the acceptance of the goods as approved, and the Entrepreneur or service buyer who is not a Consumer loses the right to quantitative complaints.
13.3.6 Pursuant to art. 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty for the Product towards the buyer who is not a Consumer is excluded.
13.3.7 In the case of Customers who are not Consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Service Recipient.
13.3.8 The Seller shall bear contractual liability on general terms only for damage caused by his intentional fault or in case of gross negligence. This also applies to the responsibility for the persons whom the Seller used to perform the contract.
13.3.9 The liability of the Service Provider / Seller in relation to the Service Recipient / Entrepreneur 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 Agreement sales. The Service Provider / Seller is liable towards the Service Recipient / Entrepreneur 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 / Entrepreneur who is not a Consumer.
13.3.10 Responsibility of Evston Sp. z o.o. for delivery of defective products is limited to the exchange of goods or refund of the price paid.
13.4.1 The repair, replacement of the defective product with the one free of defects, or refund of the price paid by Evston for this product, shall exhaust all claims of the Entrepreneur or service recipient who is not a Consumer for the delivery of the defective goods.
13.4.2 The Seller shall not be liable for damages resulting from failure to meet the delivery deadline, non-delivery of the product or change in prices. In particular, the Seller is not responsible for interruptions in production, loss of profit or indirect losses arising as a result of failure to deliver the right product at a given time. Responsibility of Evston Sp. z o.o. for failure to deliver the goods is limited to a refund of the price paid. The above restrictions do not apply to the situation in which a separate agreement was concluded between Evston and the Entrepreneur or the service recipient who is not a Consumer, in which the terms of delivery and responsibility for their failure were specified.
13.4.3 The Seller shall not be liable for the consequences of using the supplied products contrary to their intended use.
13.4.4 The Seller shall not be liable for unlawful use of the goods purchased from Evston.
13.4.5 An Entrepreneur or a service buyer who is not a Consumer is solely responsible for the assembly, installation and maintenance of the purchased goods, as well as for obtaining relevant licenses, permits or certificates required for assembly, installation and servicing of this product, unless the parties agreed otherwise in writing.
13.5 RETENTION OF TITLE
13.5.1. Until full payment of the sale price has been made, the Seller retain title to the delivered (conditional goods ).
13.5.2 An Entrepreneur or a service buyer who is not a Consumer keep the conditional goods free of charge.
13.5.3 An Entrepreneur or a service buyer who is not a Consumer may not sell conditional goods without the Seller's written consent. In the event of the sale of conditional goods by the Entrepreneur or service recipient who is not a Consumer, the Seller acquires all rights that are vested in the Entrepreneur or service recipient who is not a Consumer in relation to his contractor.
13.5.4 An Entrepreneur or a service buyer who is not a Consumer must disclose at the request of the Seller who is the buyer of the conditional goods and notify the purchaser about the transfer of all rights to the Seller, including in particular payment for the goods.
13.5.5 The Seller authorizes an Entrepreneur or service recipient who is not a Consumer to collect the Seller's claims for payment for conditional goods to his bank account. The above authorization may be revoked at any time. An entrepreneur or a service buyer who is not a Consumer is obliged to pay accumulated money immediately to the Seller if his claims are due.
13.5.6 An Entrepreneur or service buyer who is not a Consumer shall immediately inform the Seller about any damage or loss of conditional goods.
13.5.7 In the event of delay in payment or other breach of the contract by the Entrepreneur or service recipient who is not a Consumer, the Seller is entitled to collect the conditional goods. The costs of collection are borne by the Entrepreneur or the service buyer who is not a Consumer. In order to collect goods, an Entrepreneur or service recipient who is not a Consumer shall allow the Seller access to all its premises in which the conditional goods are stored.
13.5.8 Pledging or transferring the title to the conditional goods as security by the Entrepreneur or the service buyer who is not a Consumer without the Seller’s written consent is forbidden.
14 EXTRAJUDICIAL WAYS TO RESOLVE COMPLAINTS AND INVESTIGATE CLAIMS
14.1 The Buyer who is a Consumer has, among others the following possibilities of using extrajudicial means of dealing with complaints and redress:
a) is entitled to apply to the permanent amicable Consumer Court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement
b) is entitled to request the voivodeship inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller
c) The Consumer may obtain free assistance regarding the settlement of the dispute between the Consumer and the Seller, also using the free help of the poviat (municipal) Consumer Ombudsman or social organization, whose statutory tasks include protection of consumers (including Consumer Federation, Association of Polish Consumers) ). Advice is provided by the Consumer Federation under the free Consumer Infoline number 800 007 707 and by the Association of Polish Consumers at email porady@dlaKonsumentow.pl.
14.2 ODR platform
From February 15, 2016 there is the possibility of out-of-court resolution of disputes between consumers and Entrepreneurs by electronic means, via the ODR internet platform of the European Union.
The platform allows for claims arising from online sales contracts or service contracts (within the meaning of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online Consumer Dispute Resolution System and amendments to Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC), concluded between Consumers living in the EU and Entrepreneurs based in the EU.
The platform can be found at: https://ec.europa.eu/Consumers/odr/
16 LEGAL DISCLAIMER
16.1 Evston Sp. z o.o. is the owner of the copyright or another legal title to the materials contained in the Catalogs and on the website www.evston.com, in particular to photos, descriptions, translations, graphic form, presentation. It is prohibited to copy and distribute them, use them for commercial purposes or to present on other websites without the written consent of the Seller.
16.2 If any provision of these Terms of Cooperation is found to be void or ineffective by the competent court or as a result of a change in legal provisions, then these provisions shall be deemed exempt from these Terms of Cooperation. The exclusion of such provisions from these Terms and Conditions shall not invalidate or render the remaining provisions of the Conditions of Cooperation ineffective. All other provisions will continue to be fully effective and effective, and provisions found to be unlawful or ineffective will be replaced with provisions of similar relevance reflecting the original intention of the provision, to the extent permitted by applicable law.
16.3 If any of the provisions of these Terms of Cooperation in the light of the applicable provisions (Article 385  to Article 385  of the Polish Civil Code) would be considered unlawful contract terms and would violate mandatory provisions regarding the conclusion of contracts with Consumers, in such they do not bind Consumers.
17 FINAL PROVISIONS
17.1. Settlement of any disputes arising between the Seller and the Consumer within the meaning of art. 22  of the Civil Code, is subjected to the courts competent in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
17.2. Settlement of any disputes arising between the Seller and the Entrepreneur or service recipient who is not a Consumer within the meaning of art. 22  of the Civil Code, is subjected to the court having jurisdiction over the seat of the Seller.
17.3 In matters not covered by these Terms of Cooperation, the provisions of the Civil Code, the provisions of the Act on Electronic Services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply. Application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.
17.4 The content of these Regulations may be subject to change. Users who have an Account in the Shop and subscribed to the newsletter will be additionally informed about the changes along with their listing to the e-mail address indicated by them. The date of entry into force of the amendments will not be shorter than 14 days from the date of their publication. In a situation where the Customer does not accept the new content of the Terms of Cooperation, he is obliged to notify the Seller about this fact within 14 days from the date of informing about the change in the Terms of Cooperation. Lack of acceptance results in the termination of the contract.
17.5 These terms of cooperation are effective from January 21, 2019