TERMS AND CONDITIONS OF THE WEBSITE EASYKLIMA.COM
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES ON THE WEBSITE
- CONDITIONS FOR ENTERING INTO A SALES AGREEMENT
- PAYMENT METHODS AND DEADLINES
- COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
- PRODUCT COMPLAINT
- EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
- TEMPLATE WITHDRAWAL FORM
The website www.easyklima.com cares about consumer rights. The consumer may not waive the rights granted to it under the Consumer rights act. Contract provisions less favourable to the consumer than the provisions of the Consumer rights act shall be null and void, and the provisions of the Consumer rights act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumers’ rights to which they are entitled under mandatory provisions of law, and any possible doubts are to be interpreted in favour of the consumers. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, the latter shall prevail and shall apply.
1. GENERAL PROVISIONS
1.2. These Terms and Conditions are addressed both to consumers and entrepreneurs using the Website, unless a given provision of the Terms and Conditions states otherwise.
- BLOG – Electronic service, an online blog available on the Website and maintained by the Service Provider under the name: “EasyKlima Academy” for all Website visitors.
- BUSINESS DAY – means any day of the week, from Monday to Friday, excluding public holidays in the Republic of Poland.
- EASYKLIMAPORTFINDER – Electronic service, an electronic directory/search engine for the low and high pressure port of a passenger car to help you refill the refrigerant yourself.
- REGISTRATION FORM – a form available on the Website that enables the creation of the Account.
- ORDER FORM – Electronic service, an interactive form available on the Website, enabling to place the Order, in particular by adding the Products to an electronic shopping cart and specifying the conditions of the Sales agreement, including the method of delivery and payment.
- CUSTOMER – (1) a natural person with full capacity to perform legal actions, and in cases provided for by generally applicable regulations also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by the law, which has concluded or intends to conclude the Sales agreement with the Seller.
- CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964, no. 16, item 93 as amended).
- ACCOUNT – Electronic service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Service recipient, in which the data provided by it and information about the Orders placed by it on the Website are stored.
- NEWSLETTER – Electronic service, an electronic distribution service provided by the Service provider via e-mail, which enables all the Service recipients who use it to automatically receive from the Service provider cyclical content of successive editions of a newsletter containing information about the Products, news and discounts on the Website.
- PRODUCT – a movable item available on the Website, being the subject of the Sales agreement between the Customer and the Seller.
- TERMS AND CONDITIONS – these Terms and Conditions of the Website.
- INTERNET SERVICE – Service provider’s website available at: www.easyklima.com
- SELLER; SERVICE PROVIDER – Ishtar Limited Incorporation No: 114897, REID Number:GICO.114897-36, TIN: 667257 April 30 2021, 28 IRISH TOWN GIBRALTAR GX11 1AA, NIP: 5263528190,VAT: PL5263528190; Share capital GPB 100,00 ;
- SALES AGREEMENT – the contract of sale of the Product concluded or entered into between the Customer and the Seller via the Website.
- ELECTRONIC SERVICE – a service provided electronically by the Service provider to the Service recipient via the Website.
- SERVICE RECIPIENT – (1) a natural person with full capacity to perform legal actions, and in cases provided for by generally applicable regulations also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by the law, using or intending to use an Electronic service.
- CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 as amended).
- ORDER – Customer’s declaration of will placed via the Order form and aimed directly at concluding a Product Sales agreement with the Seller.
2. ELECTRONIC SERVICES ON THE WEBSITE
- Account – using the Account is possible after completing two consecutive steps by the Customer: (1) filling in the Registration form, (2) clicking the “Register” button. In the Registration form, it is necessary for the Service recipient to provide the following details: e-mail address and password.
- The Account service is provided free of charge for an indefinite period of time. The Service recipient is able, at any time and without giving reasons, to delete the Account (resignation from the Account) by sending an appropriate request to the Service provider, in particular by e-mail to the address: firstname.lastname@example.org or in writing to the address: Al. Jerozolimskie 81/7.10, 02-001 Warszawa.
- Order form – the use of the Order form starts from the moment the Customer adds the first Product to the cart on the Website. The Order is placed when the Customer completes two consecutive steps: (1) fills in the Order form and (2) clicks the “Place order” button on the Website after completing the Order form – until this moment, it is possible to independently modify the data entered (for this purpose, please follow the messages displayed and the information available on the Website). In the Order form it is necessary for the Customer to provide the following details concerning the Customer: full name/company name, address (street, house/flat no., postal code, town, country), e-mail address, telephone number and details concerning the Sales agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP no.
- The Order form, which is the Electronic service, is provided free of charge and on a one-time basis, and terminates when the Order is placed through it or at the time the Service recipient discontinues placing the Order through it.
- Newsletter – using the Newsletter is possible after clicking the “Newsletter” tab on the Website and providing the e-mail address to which the next edition of the Newsletter is to be sent and clicking on the confirmation field.
- The Newsletter service is provided free of charge for an indefinite period of time. The Service recipient is able, at any time and without giving reasons, to opt out from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service provider, in particular by e-mail to the address: email@example.com or in writing to the address: Al. Jerozolimskie 81/7.10, 02-001 Warszawa.
- Blog – using the Blog is possible after entering the website. The Blog is available to all visitors of the Website without the need to provide any data or perform any other actions.
- The Service provider allows comments to be posted under Blog entries. Service recipients’ comments express their own opinions and do not constitute an opinion of the Service provider. It is prohibited to post comments that violate the rules of netiquette and contain information that is untrue or misleading to other Service recipients. The Service provider reserves the right to delete comments that violate the above rules.
- The Service provider shall comply with art. 14 para.1 of the Act on provision of electronic services of 18 July 2002 (Journal of Laws 2002 no. 144, item 1204 as amended) according to which: the responsibility for the stored data shall not be borne by the person, who, making the resources of a tele-information system available for the purpose of the data storage by a service recipient, is not aware of unlawful nature of the data or the activity related to them, and in case of having been informed or having received a message on unlawful nature of the data or the activity related to them, makes immediately the access to the data impossible.
- The use of the Blog is free of charge and is possible by clicking the appropriate tab on the Website. The Blog is maintained by the Service provider. The Service recipient is able to stop using the Blog at any time and without giving any reason by closing the web browser.
- EasyKlimaPortFinder – the use of EasyKlimaPortFinder involves the Service recipient going to the panel visible on the homepage of the Website and on individual product pages, which allows entering the details of the Service recipient’s car and to select the year of manufacture, brand and model of the car.
- The EasyKlimaPortFinder, which is the Electronic service, is provided free of charge and on a one-time basis, and terminates when the Order is placed through it or at the time the Service recipient discontinues placing the Order through it.
2.3. The Service recipient is obliged to use the Website in a manner consistent with the law and good practice, taking into account respect for personal rights and copyrights and intellectual property of the Service provider and third parties. The Service recipient is obliged to enter factually correct data. The Service recipient is prohibited from providing unlawful content.
2.4. Complaint procedure for the Electronic services:
- Complaints related to provision of the Electronic services by the Service provider and other complaints related to the operation of the Website (excluding the Product complaint procedure, which is indicated in point 6 of the Terms and Conditions) may be submitted by the Service recipient for example:
- in writing to the address: Al. Jerozolimskie 81/7.10, 02-001 Warszawa;
- in electronic form via e-mail to: firstname.lastname@example.org.
- The Service recipient is advised to state the following in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Service recipient ‘s demands; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Service provider. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- The Service provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR ENTERING INTO A SALES AGREEMENT
3.1. Conclusion of the Sales agreement between the Customer and the Seller takes place after prior submission of the Order by the Customer using the Order form on the Website in accordance with point 2.1.2 of the Terms and Conditions.
3.2. The price of the Product shown on the Website is given in Polish zloty (PLN), US dollars ($), Euros (€), Pound sterlings (£), Czech crowns (CZK) and includes taxes. The Customer will be informed of the total price and taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them – on the Website when placing the Order, including at the moment of the Customer expressing the will to be bound by the Sales agreement.
3.3. Procedure for conclusion of the Sales agreement on the Website by means of the Order form
- Conclusion of the Sales agreement between the Customer and the Seller takes place after prior submission of the Order by the Customer on the Website in accordance with point 2.1.2 of the Terms and Conditions.
- When the Order is place, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. After confirming and accepting the Order, the Seller shall send the relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements on receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales agreement. As soon as the Customer receives the above-mentioned email message, the Sales agreement between the Customer and the Seller is concluded.
3.4. The content of the concluded Sales agreement shall be recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Website, and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Terms and Conditions. The content of the Sales agreement is additionally recorded and secured in the IT system of the Seller’s Website.
4. PAYMENT METHODS AND DEADLINES
4.1. The Seller shall provide the Customer with the following payment methods for the Sales agreement:
- Payment in cash on delivery.
- Payment in cash upon personal collection.
- Payment by bank transfer to the Seller’s bank account.
- Electronic payments and credit card payments according to the Customer’s choice via: Przelewy24.pl, PayU.pl, PayPal.com, Apple Pay, or Google Pay – the currently available payment methods are specified on the Website under the information tab concerning the payment methods and at https://www.przelewy24.pl/, https://poland.payu.com/, https://www.apple.com/pl/apple-pay/, https://pay.google.com/intl/pl.
- Payments in instalment system through PayU.pl.
4.2. Payment due date:
- If the Customer chooses to pay by bank transfer, electronic payment or credit card, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales agreement.
- If the Customer chooses to pay in cash on delivery, the Customer is obliged to make payment on delivery.
5. COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT
5.1. Delivery of the Product is available in Europe.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales agreement provides otherwise. Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Website in the information tab concerning delivery costs and during the Order placement, including at the moment the Customer expresses the will to be bound by the Sales agreement.
5.3. The Seller provides the Customer with the following delivery methods of the Product:
- Courier delivery.
- Cash on delivery courier service.
5.4. The Product shall be delivered to the Customer within 5 Business days, unless a shorter period is specified in the Product description or during the Order placement. In the case of Products with different delivery periods, the delivery period shall be the longest period specified, which may not, however, exceed 5 Business days. The start of the period for delivery of the Product to the Customer is calculated as follows:
- If the Customer pays by bank transfer, electronic payment or credit card – from the date of crediting the bank account or settlement account of the Seller.
- If the Customer pays in cash on delivery – from the date of the Sales agreement.
- If the Customer pays in instalment – from the date of the Seller being informed by the creditor about conclusion of a credit agreement with the Customer, no later, however, than from the date of crediting the Seller’s bank or settlement account with the funds from the credit granted to the Customer.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product is physically or legally defective (warranty), is defined by universally binding legal regulations, in particular the Civil Code (including art. 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver to the Customer the Product free from defects.
6.3. A complaint can be made by the Customer, for example:
- in writing to the address: Al. Jerozolimskie 81/7.10, 02-001 Warszawa;
- in electronic form via e-mail to: email@example.com.
6.4. The Customer is advised to state the following in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) demand to bring the Product into conformity with the Sales agreement in a specific manner, demand for price reduction or declaration of withdrawal from the Sales agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer, exercising the rights under the warranty, requests the replacement of the item or removal of the defect or demands price reduction, specifying the amount by which the price is to be reduced, and the Seller fails to respond to this demand within 14 calendar days, it is considered that the demand is found justified.
6.6. The Customer who exercises the warranty rights is obliged to deliver the defective product to the address: Al. Jerozolimskie 81/7.10, 02-001 Warszawa. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller. If, due to the nature of the Product or the manner of its assembly, the delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7. Pursuant to art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information about the possibility to use out-of-court complaint and claim procedures by a Customer who is a consumer, as well as rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone no.: 22 55 60 333, e-mail: firstname.lastname@example.org or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide consumers with assistance in matters concerning out-of-court settlement of consumer disputes.
7.4. At http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website offering comprehensive services for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement (more information available at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
8.1. A consumer who has concluded an agreement by electronic means may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs referred to in point 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet the deadline. A declaration of withdrawal may be made, for example:
- in writing to the address: Al. Jerozolimskie 81/7.10, 02-001 Warszawa;
- in electronic form via e-mail to: email@example.com.
8.2. Template withdrawal form is included in Annex 2 to the Consumer rights act and is additionally available in point 11 of the Terms and Conditions. The consumer may use the template form, but this is not obligatory.
8.3. The period for withdrawal begins:
- in the case of agreement under which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales agreement) – from the moment the consumer or a third party indicated by it other than the carrier takes possession of the Product, and in the case of an agreement which: (1) consists in multiple Products delivered separately, in instalments or in parts – from taking possession of the last Product, instalment or part or (2) which consists in the continuous delivery of Products for a fixed period – from taking possession of the first Product;
- in the case of other agreements – from the date of conclusion of the agreement.
8.4. In the case of withdrawal from an agreement concluded by electronic means, the agreement shall be deemed not to have been concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the agreement, refund all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available on the Website). The Seller shall refund the payment using the same means of payment as those used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs to the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold the reimbursement of the payment received from the consumer until it has received the Product back or the consumer has supplied evidence of having sent the Product back, whichever occurs first.
8.7. The consumer shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs associated with the withdrawal from the agreement to be borne by the consumer:
- If the consumer has chosen a method of delivery of the Product other than the cheapest normal method available on the Website, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred.
- The consumer shall bear the direct costs of returning the Product.
- In the case of a Product which is a service, the performance of which – at the express request of the consumer – has begun before the end of the withdrawal period, the consumer who exercises its right of withdrawal after having made such a request shall be liable to pay for any performance made until the withdrawal from the agreement. The amount of the payment shall be calculated in proportion to the extent of the performance, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the consideration given.
8.9. The consumer shall not have the right to withdraw from an agreement concluded by electronic means with regard to agreements:
- 1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, it will lose the right to withdraw from the agreement; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the agreement; (3) where the subject of the performance is a non-prefabricated product, manufactured according to the consumer’s specification or serving to satisfy the consumer’s individual needs; (4) where the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) where the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) where the subject of the performance are Products which, after delivery, due to their nature, are inseparably connected with other things (7) where the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales agreement, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations, over which the Seller exercises no control; (8) where the consumer has explicitly requested that the Seller appears at the consumer’s site to carry out urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the agreement with regard to additional services or Products (9) where the subject of the performance is a sound or visual recording or computer software supplied in sealed packaging, if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements; (11) concluded by public auction; (12) for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the date or period of performance; (13) for the supply of digital content that is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right to withdraw from the agreement.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.2. The Seller shall have the right to withdraw from the Sales agreement within 14 calendar days from its conclusion. Withdrawal from the Sales agreement in this case may be carried out without giving any reason and shall not entitle the Customer to any claims against the Seller.
9.3. The Seller shall have the right to limit the available payment methods, including requiring pre-payment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales agreement.
9.4. The Service provider may terminate the agreement for the provision of the Electronic services with immediate effect and without giving reason by sending the appropriate statement to the Service recipient.
9.6. Any disputes arising between the Seller/Service provider and the Customer/Service recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service provider.
10. FINAL PROVISIONS
10.1. Agreements concluded through the Website are concluded in the English language.
10.2. Changes to the Terms and Conditions:
- The Service provider reserves the right to change these Terms and Conditions for important reasons, i.e.: changes in law; changes in the methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
- In the case of conclusion of continuous agreements on the basis of these Terms and Conditions (e.g. provision of the Electronic services – the Account), the amended Terms and Conditions shall be binding upon the Service recipient if the requirements set out in art. 384 and 384  of the Civil Code have been met, i.e. the Service recipient has been correctly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. In the event that changes to the Terms and Conditions result in the introduction of any new charges or increase in existing charges, the Customer shall have the right to withdraw from the agreement.
- In the case of conclusion of agreements other than continuous agreements (e.g. Sales agreement) on the basis of these Terms and Conditions, changes to the Terms and Conditions shall in no way affect the rights acquired by Service recipients/Customers before the effective date of changes to the Terms and Conditions, in particular changes to the Terms and Conditions shall not affect the Orders already placed or concluded, executed or performed Sales agreements.
10.3. For matters not governed by these Terms and Conditions, the provisions of the Polish law shall apply, in particular: the Civil Code; the Act on provision of electronic services of 18 July 2002 (Journal of Laws 2002, no. 144, item 1204 as amended); the Consumer rights act; and other relevant provisions of commonly applicable law.
10.4. These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the consumer concluding an agreement with the Service provider/Seller, which cannot be excluded by the agreement. In such a case, the Service provider/Seller shall guarantee the consumer protection afforded to it under the provisions which cannot be excluded by the agreement.
11. TEMPLATE WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Template withdrawal form
(this form must be completed and returned only if you wish to withdraw from the agreement)
Ishtar Limited Incorporation
Al. Jerozolimskie 81/7.10, 02-001 Warszawa
– I/We(*) hereby give notice of my/our(*) withdrawal from the agreement for sale of the following goods(*) the agreement for delivery of the following goods(*) the agreement for performance of the following goods(*)/provision of the following service(*)
– Date of agreement(*)/collection(*)
– Full name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only if paper form)
(*) Delete as appropriate.