Sales conditions

Here you can find i.e. the rules for conducting sales contracts and the most important information regarding the Seller, the online store and the customer’s rights.

Table of Contents
§ 1 Definitions
§ 2 Contact to the Seller
§ 3 Technical requirements
§ 4 Purchase
§ 5 Payment
§ 6 Order implementation
§ 7 Right to resign from agreement
§ 8 Exceptions
§ 9 Complaints
§ 10 Personal Data
§ 11 Final Provisions
Annex nr 1: Withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays.

Account – a free store functionality regulated by separate rules (service provided electronically), thanks to which the Customer can set up his individual Account.

Consumer – Consumer according to the meaning in the Civil Code.

Customer – every entity who is buying in the Store.

Regulations – these regulations.

Shop – Elastico online store. The shop is run by the Seller on insideout-concrete.com.

Seller – ELASTICO COMPANY WITH LIMITED RESPONSIBILITY with its office at Kapitańska 3a, 71-602 Szczecin, Poland, registered in the National Court Register under KRS number 0000348239, NIP 8513111163, REGON number 32079240100000.

§ 2 CONTACT TO THE SELLER

Address: Kapitańska 3a, 71-602 Szczecin, Poland
Office address: ul. Spółdzielcza 7, 72-010 Police, Poland
E-mail address: info@elastico.eu
Phone: +48 91 311 38 06

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store you need:

A device with Internet access
An Internet browser which supports JavaScript and cookies.

2. To place an order in the Store, apart from the requirements in paragraph 1, an active e-mail account is required.

§ 4 PURCHASE

Prices of goods which are visible in the Store are the total prices for goods, including VAT.
The total price of the order consists of the total price for the goods and, if applicable, the costs of goods delivery.
The product selected for purchase should be added to the cart.
Next, the Customer selects the method of delivery and the payment method (among the methods which are available in the Store), and also provides the data necessary to complete the order.
The order is placed when the cart’s content is confirmed and the Regulations accepted by the Customer.
Placing an order is the same as concluding a sales contract between the Customer and the Seller.
The Seller shall provide the Costumer with the confirmation that the sales contract was concluded, on a durable medium, no later than in the day of goods delivery.
The Customer may register in the Store, i.e. set up an Account or make purchases without registration by providing his data with each order.

§ 5 PAYMENTS

For your order you can pay:

By transfer to the Seller’s bank account.
Through the payment platform:
- Shoper payment
- PayU

Cash on delivery, i.e. by credit card or cash at the time of delivering the goods to the Customer.
By credit card or cash at the time of collection of a personal item.

2. If you choose to pay via the payment platform Shoper Payments, the provider of online payments is Blue Media SA.

3. If the Customer chooses payment in advance, the order must be paid within 7 working days after placing the order.

4. The Seller informs that regarding some payment methods, due to their specific character, the payment for the order is possible only directly after placing the order.

5. When the Customer makes purchases in the Store, he or she accepts the use of electronic invoices by the Seller. The Customer has the right to withdraw his or her acceptance.

§ 6 ORDER IMPLEMENTATION

The seller is obliged to deliver the goods without defects.
The term of the contract is provided in the Shop.
If the Customer chooses payment in advance for the order, the Seller will proceed with the order after the Customer pays for it.
In a situation where, within one order, the Customer purchased goods with different delivery dates, the order will be processed within the deadline for the goods with the longest delivery term.
Goods purchased in the Store are delivered regarding which delivery method has been chosen by the Customer:
1. Via courier
2. The Customer can pick up the goods in person at the company’s office during the opening hours.
If the Customer chooses to collect the order by himself, the goods will be ready for collection at the indicated date of order completion, and if the Seller indicated the date of sending the goods – within this period.

§ 7 RIGHT TO RESIGN FROM THE AGREEMENT

The Customer has the right to withdraw from the contract concluded with the Seller through the Store, (except for § 8 of the Regulations), within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the day:
1. In which the Consumer came into possession of the goods or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the goods.
2. In which the Consumer came into possession of the last item or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item if a contract requires the transfer of ownership of many items that are delivered separately.
In order for the Consumer to exercise the right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (for example by a letter sent by post or information sent by e-mail).
The Customer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.
To meet the deadline for withdrawing from the contract, it is sufficient for the Customer to send the information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawing from the contract.

EFFECTS OF WITHDRAWING FROM THE CONTRACT
In case of withdrawal from the contract, the Seller returns to the Costumer all the payments received from him, including the costs of delivery (except for additional costs arising from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed about the Costumer’s decision to exercise his right to withdrawal.
The Seller shall refund the payment using the same payment methods that were used by the Customer in the original transaction, unless the Consumer agrees to a different solution, in any cases the Customer will not incur any fees regarding this return.
The seller may withhold the reimbursement of the payment until the receipt of the goods or until the proof of its return is provided to him, whichever occurs first.
The seller asks to return the goods to the following address: Spółdzielcza 7, 72-010 Police, Poland immediately, and in any case not later than 14 days since the day on which the Customer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Customer sends the goods back within 14 days.
The Customer bears the direct cost of returning the goods.
The Customer is only responsible for reducing the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
If the goods, due to their nature, cannot be sent back by regular mail, the Customer will also have to bear the direct cost of returning the goods. The Customer will be informed about the estimated amount of these costs by the Seller in the goods’ description in the Store or when placing the order.

§ 8 EXCEPTIONS

The right to withdraw from a distance contract is not entitled to the Customer in relation to the contract:
1. In which the subject of the service is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to satisfy his individual needs.
2. In which the subject of the service is an item subject to rapid deterioration or having a short shelf life.
3. In which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery.
4. In which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
5. In which the subject of the service are 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, with the exception of 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 deadline to withdraw from the contract.
The right to withdraw from a distance contract is not entitled to any entity other than the Customer.

§ 9 COMPLAINTS

If the product is defected, the Customer has the option of complaining about the defective goods under the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
Using the warranty, the Customer may, on the terms and within the time limits specified in the Civil Code:
1. Submit a statement for price reduction
2. in case of a material defect – make a statement of withdrawal from the contract
3. Demand exchanging the item for the one which is free of defects
4. Request a removal of the defect
The Seller asks to make a complaint based on the warranty and send it to the postal or electronic address indicated in § 2 of the Regulations.
If it turns out that in order to consider the complaint, it is necessary to deliver the goods to the Seller, the Customer is obliged to deliver those goods at the Seller’s expense, to the address Spółdzielcza 7, 72-010 Police.
If a product has got an additional warranty, the information about it, as well as about its conditions, is available in the product description in the Store.
The complaints regarding the operation of the Store should be directed to the e-mail address provided in § 2 of the Regulations.
The complaint will be considered by the Seller within 14 days.

EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING THE CLAIMS

If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use for example:
1. Mediation conducted by the appropriate Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
2. Assistance of the competent consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration to the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
3. Free assistance from the local Consumer Ombudsman.
4. The Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

The administrator of the personal data provided by the Customer during using the Store is the Seller.
The Customer’s personal data are processed on the basis of the contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is contained in the privacy policy in the Store.

§ 11 FINAL PROVISIONS

Providing the illegal content by the Customer is forbidden.
The account maintenance agreement is concluded in English.
If the important reasons enumerated in par. 4 occur, the Seller has the right to amend these Account regulations.
The important reasons mentioned in par. 3 are:
1. the legal obligation to adjust the Store’s regulations to the legal provisions which apply to the operation of the Store,
2. improving the security of the provided services,
3. changing the Account’s functionality which requires the modification of the Account’s regulations.
The Customer will be notified about the planned changes in the Account’s regulations at least 7 days before the change is implemented, via e-mail sent to the e-mail address assigned to the Account.
If the Customer does not accept a planned change, he or she should inform the Seller about it by sending an appropriate message to the Seller’s e-mail address info@elastico.eu, which will result in termination of the Account maintenance agreement when the planned change enters into force or earlier if the Customer makes such a request.
If the Customer does not object to the planned change until it enters into force, it is assumed that he or she accepts it, which does not constitute any obstacle to terminate the contract in the future.
If a dispute with a Customer who is not a Consumer occurs, the competent court will be the court competent for the seat of the Seller.
None of the provisions of these Regulations excludes or in any way limits the consumer’s statutory rights.

Annex 1 to the Regulations

Below is a sample withdrawal form which the Costumer may or may not use:

WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

ELASTICO LIMITED LIABILITY COMPANY

Spółdzielcza 7, 72-010 Police, Poland

e-mail address: info@elastico.eu

– I ………………………………………… ……………………. hereby inform about my withdrawal from the sales contract for the following items:

………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ……………………….

– Date of receipt ……………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ….

– Consumer (s)’ name …………………………………… ………………………………………….. ………………………………………….. …………………..

– Consumer (s)’ address …………………………………….. ………………………………………….. ………………………………………….. ………………………………..

………………………………………….. …………………………………….

Consumer’s Signature

(only if the form is sent in the printed version)

Date ……………………………………..

(*) Delete if not applicable.

Account Regulations

Regulations for the Account set up in Elastico Store

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact to the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS

Account – the free functionality (service) in the Store, regulated in these regulations, thanks to which the Customer may set up his individual Account in the Store.

Customer – any entity who is making purchases in the Store.

Store – online Elastico Store run by the Seller at www.insideout-concrete.com.

Seller – ELASTICO LIMITED LIABILITY COMPANY based at Kapitańska 3a, 71-602 Szczecin, Poland, registered in the National Court Register under KRS number 0000348239, NIP 8513111192, REGON 32079240100000.

§ 2 CONTACT TO THE SELLER

Postal address: Spółdzielcza 7, 72-010 Police, Poland
E-mail address: info@elastico.eu
Phone: +48 91 311 38 06

§ 3 TECHNICAL REQUIREMENTS

To create an Account and for its proper functioning, you need:

an active email account,
a device with Internet access,
a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

Creating an Account is entirely voluntary and depends on the Customer.
The account provides the Customer with the additional options, such as: viewing the history of orders placed by the Customer in the Store, checking the status of the order or editing the Customer’s data.
To set up an Account, you need to complete the appropriate form in the Store.
By creating the Account, an agreement is concluded for an indefinite period between the Customer and the Seller which concerns the operation of the Account according to the Regulations.
The Customer may cancel the Account at any time without incurring any costs.
In order to resign from the Account, please send your resignation to the Seller to the e-mail address: info@elastico.eu, which will result in the immediate deletion of the Account and termination of the contract regarding the Account.

§ 5 COMPLAINTS

Any complaints regarding the operation of the Account should be sent to the email address: info@elastico.eu.
The complaint will be considered by the Seller within 14 days.

EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING THE CLAIMS

If the complaint procedure does not bring any result expected by the Customer, the Customer may use for example:
1. Mediation conducted by the appropriate Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
2. Assistance of the competent consumer court to which an application should be submitted. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
3. Online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

The administrator of the personal data provided by the Customer is the Seller.
The Customer’s personal data is processed according to the contract and for the purpose of its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on personal data protection (GDPR). Any detailed information on data processing by the Seller are included in the Store’s privacy policy.

§ 7 FINAL PROVISIONS

Providing the illegal content by the Customer is forbidden.
The account maintenance agreement is concluded in English.
If the important reasons enumerated in par. 4 occur, the Seller has the right to amend these Account regulations.
The important reasons mentioned in par. 3 are:
1. the legal obligation to adjust the Store’s regulations to the legal provisions which apply to the operation of the Store,
2. improving the security of the provided services,
3. changing the Account’s functionality which requires the modification of the Account’s regulations.
The Customer will be notified about the planned changes in the Account’s regulations at least 7 days before the change is implemented, via e-mail sent to the e-mail address assigned to the Account.
If the Customer does not accept a planned change, he or she should inform the Seller about it by sending an appropriate message to the Seller’s e-mail address info@elastico.eu, which will result in termination of the Account maintenance agreement when the planned change enters into force or earlier if the Customer makes such a request.
If the Customer does not object to the planned change until it enters into force, it is assumed that he or she accepts it, which does not constitute any obstacle to terminate the contract in the future.
If a dispute with a Customer who is not a Consumer occurs, the competent court will be the court competent for the seat of the Seller.
None of the provisions of these Regulations excludes or in any way limits the consumer’s statutory rights.

Newsletter Regulations

(of Elastico store)

§ 1 DEFINITIONS

Newsletter – a service provided electronically and free of charge, through which the Customer may receive from the Service Provider previously ordered electronic messages regarding the Store, including information about offers, promotions and news concerning the Store.

Store – online Elastico Store run by the Service Provider at www.insideout-concrete.com .

Service Provider – ELASTICO LIMITED LIABILITY COMPANY based at Kapitańska 3a, 71-602 Szczecin, registered in the National Court Register under KRS number 0000348239, NIP 8513111192, REGON 32079240100000.

Service Recipient – any entity using the Newsletter service.

§ 2 NEWSLETTER

The Service Recipient may voluntarily use the Newsletter service.
To use the Newsletter service, you must have a device with the latest web browser that supports JavaScript and cookies, an access to the Internet and an active e-mail account.
E-mails which are sent as a part of this service will be sent to the e-mail address provided by the Service User when he or she subscribed to the Newsletter.
The recipient, in order to conclude the contract and subscribe to the Newsletter service, should first provide in the designated place on the Website his email address to which he wants to receive messages sent as the part of the Newsletter. Then, the Service Provider will send the Customer a message to the e-mail address provided in the first step, verifying the e-mail address. The message will contain a link for the Service Recipient to confirm his willingness to subscribe to the Newsletter. When the Service Recipient confirms his will to subscribe to the Newsletter, a contract for the provision of the service is concluded and the Service Provider will begin providing the service to the Service Recipient.
The messages sent as a part of the Newsletter will contain the information about the possibility of unsubscribing and a link to unsubscribe option.
The Service Recipient may unsubscribe from the Newsletter without giving any reason and incurring any costs, at any time, using the unsubscribe option mentioned in par. 5 or by sending a message to the Service Provider’s email address: info@elastico.eu.
Using the link to unsubscribe from the Newsletter by the Customer or sending a message with a request for unsubscription from the Newsletter will result in the immediate termination of the contract for the provision of this service.

§ 3 COMPLAINTS

Any complaints regarding the Newsletter should be reported to the Service Provider via e-mail: info@elastico.eu.
The Service Provider will respond to the complaint within 14 days after receiving the complaint.

§ 4 PERSONAL DATA

The administrator of the personal data provided by the Customer is the Seller.
The Customer’s personal data is processed according to the contract and for the purpose of its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on personal data protection (GDPR). Any detailed information on data processing by the Seller are included in the Store’s privacy policy.

§ 5 FINAL PROVISIONS

Providing the illegal content by the Customer is forbidden.
The account maintenance agreement is concluded in English.
If the important reasons enumerated in par. 4 occur, the Seller has the right to amend these Account regulations.
The important reasons mentioned in par. 3 are:
1. the legal obligation to adjust the Store’s regulations to the legal provisions which apply to the operation of the Store,
2. improving the security of the provided services,
3. changing the Account’s functionality which requires the modification of the Account’s regulations.
The Customer will be notified about the planned changes in the Account’s regulations at least 7 days before the change is implemented, via e-mail sent to the e-mail address assigned to the Account.
If the Customer does not accept a planned change, he or she should inform the Seller about it by sending an appropriate message to the Seller’s e-mail address info@elastico.eu, which will result in termination of the Account maintenance agreement when the planned change enters into force or earlier if the Customer makes such a request.
If the Customer does not object to the planned change until it enters into force, it is assumed that he or she accepts it, which does not constitute any obstacle to terminate the contract in the future.
If a dispute with a Customer who is not a Consumer occurs, the competent court will be the court competent for the seat of the Seller.
None of the provisions of these Regulations excludes or in any way limits the consumer’s statutory rights.