Shop Terms & Conditions
ESOTIQ ONLINE SHOP TERMS & CONDITIONS
I. INFORMATION ABOUT THE COMPANY
1. These Terms & Conditions define the main rules of using the online shop available at www.esotiq.com, hereinafter the ESOTIQ Online Shop, by the entities, including consumers, who purchase the Goods through the ESOTIQ Online Shop.
2. The ESOTIQ Online Shop, available at www.esotiq.com, is run by: ESOTIQ & HENDERSON S.A. with its registered office in Gdańsk, ul. Szybowcowa 8A, 80-298 Gdańsk, entered in the Register of Enterprises of the National Court Register kept by the Gdańsk-Północ District Court in Gdańsk, 7th Commercial Division of the National Court Register, at KRS No. 0000370553. Share capital: PLN 223.350,00 – fully paid-up. NIP No.: 583-311-72-20, REGON No.: 221133543.
II. TERMS AND DEFINITIONS
The following phrases as used herein shall have the following meanings:
1. Esotiq – ESOTIQ & HENDERSON S.A. with its registered office in Gdańsk, ul Szybowcowa 8A, 80-298 Gdańsk, entered in the Register of Enterprises of the National Court Register kept by the Gdańsk-Północ District Court in Gdańsk, 7th Commercial Division of the National Court Register, at KRS No. 0000370553. Share capital: PLN 223,350.00 – fully paid-up, NIP No.: 583-311-72-20, REGON No.: 221133543.
2. Online Shop – an organised IT platform for the presentation and sale of Goods, managed by Esotiq through the website www.esotiq.com.
3. Customer – the entity, including a consumer, who purchases the Goods through the Online Shop.
4. Goods – products presented as for sale in the Online Shop.
5. Terms & Conditions — these Terms & Conditions.
6. Purchase Order – the offer made by the Customer to Esotiq to buy specifically labelled Goods for the price displayed in the Online Shop, in line with these Terms & Conditions.
7. Customer Account – the customer’s personal data along with details about the previous transactions and the order processing status, recorded in Esotiq’s IT system, with the access to the system protected with a username and a password created by the Customer during the registration process.
1. Through the Online Shop, ESOTIQ presents labelled Goods along with the unit price for each one on them.
2. The information about the Goods for sale displayed in the Online Shop is not a proposal within the meaning of Article 66(1) of Polish Civil Code but it should be understood as a price list and as an invitation for the Consumer to place a Purchase Order in accordance with the unit price of the Goods and in line with these Terms & Conditions.
3. Goods are sold and delivered by the Online Shop only within the territory of Poland.
4. Reading and accepting these Terms & Conditions is a prerequisite for the use of the Online Shop.
5. While accepting a Purchase Order, Esotiq trusts that:
a. the Customer has the legal capacity to perform the transaction in question;
b. the data and information provided to Esotiq by the Customer is true;
c. the Customer has read and accepted these Terms & Conditions.
6. The Customers may contact the Online Shop at email@example.com.
1. All Goods presented through the Online Shop for sale are accompanied by a sample photograph characteristic of such goods and, in the applicable tab, by information about their properties, i.e.: the colours and the materials they were made of, sizes, a specific reference number of the Goods.
2. All Goods presented through the Online Shop are owned by ESOTIQ, and they are brand new, free of physical and legal defects, and authorised for sale in Poland.
3. The Goods presented in the Online Shop’s photographs represent examples of Goods of the same kind and are as close as possible to their actual appearance. The pictures present the colours and the appearance of the Goods as accurately as possible. Due to individual settings or parameters of the user’s screen, there might be small differences between the picture and the actual colour of the Goods.
V. PURCHASE ORDER PLACEMENT AND ACCEPTANCE
1. Purchase Orders can be placed in the Online Shop 24 hours a day 7 days a week only through www.esotiq.com.
2. Shopping in the Online Shop does not require having a Customer Account but it requires giving the basic details that permit contacting the Customer and sending the Goods.
3. Placing a Purchase Order in the Online Shop requires going though all the ordering stages. If a Customer wishes to place a Purchase Order, they choose the type, model, colour, size and quantity from among the available Goods for the price as specified on the Website. The choice is made through the dialogue boxes on the Online Shop website, in line with their functionalities, for instance through selection of the “add to cart” icon. The Customer also chooses the payment method. After the Goods are selected, the required details are specified and the payment method is chosen, the Customer selects the
“CONFIRM PURCHASE” button to submit the Purchase Order to Esotiq. Submitting a filled out Purchase Order is tantamount to making an offer to buy the selected Goods from Esotiq for the price specified in the Esotiq price list and to cover the delivery costs.
4. Having placed the Purchase Order, the Customer will receive feedback, to the e-mail address they have specified, with order acceptance and specification of the quantity, type and value of the Purchase Order, as well as a unique Purchase Order reference number. The e-mail received by the Customer is tantamount to a confirmation that the offer to purchase the Goods was submitted properly, has reached the ESOTIQ Online Shop and has been accepted in line with these Terms & Conditions before the sales contract was entered into. The information about Esotiq accepting the offer will include the confirmation that the contract has been entered into, including the data of the seller along with its address, the date of sale, the designation of Goods along with their quantity and price, and the delivery costs.
5. The Customer can cancel a Purchase Order at any stage of its placement before the Purchase Order is submitted by removing the previously added Goods from the cart.
6. The Online Shop performing the contract of sale requires specifying the right ordering party, Goods delivery address, phone number and e-mail address. If the details are defective, ESOTIQ reserves the right to contact the Customer.
7. The price lists of the Goods available on the Online Shop website may change. The Customer and Esotiq are bound by the prices of Goods applicable at the moment when the Customer is placing the Purchase Order.
8. The maximum value of the Goods covered by one cash-on-delivery Purchase Order cannot exceed PLN 3000 (three thousand zloty).
VI. PRICES OF GOODS AND COSTS OF DELIVERY
1. The prices for all the Goods presented in the Online Shop are in Polish zloty and are inclusive of the VAT but exclusive of delivery costs.
2. The information about the total Purchase Order value, including the delivery costs, is presented in the Cart after the Customer has chosen the payment method.
3. Detailed delivery prices are available on http://www.esotiq.com/s,platnosci-i-wysylka.
4. Any changes to the prices of Goods in the Online Shop will not affect the Purchase Orders already submitted by the Customer and accepted by the Online Shop.
5. The special offers in the ESOTIQ Shop are not cumulative, unless the terms & conditions of a particular campaign provide otherwise.
VII. PAYMENT OPTIONS
A Customer of the Online Shop can choose from the following methods of paying for the ordered Goods:
1. PAYMENT CARD (including a credit card) or ELECTRONIC TRANSFER. In this case, the Customer will be transferred to Dotpay.pl, a site owned by DOTPAY (Dotpay S.A., ul. Wielicka 72, 30-552 Kraków, Poland. All credit card transactions and e-transfer transactions will be settled through Dotpay.pl). The Purchase Order is processed after the payment to Esotiq’s account is authorised in the DOTPAY system. Choosing this payment method, the Customer shall use the relevant payment instruments and legal tenders in accordance with the law.
2. ORDINARY TRANSFER: if this payment method is chosen, the payment can be made at any time within 7 days of the Purchase Order placement date. The Purchase Order is processed after the payment is recorded in the Shop’s company account.
ING BANK 65 1050 1214 1000 0024 3613 9097
Please remit to:
ESOTIQ & HENDERSON S.A.
ul. Szybowcowa 8A
Transfer title: order reference number + full name of the ordering party
3. CASH ON DELIVERY: the payment of the goods is made at the delivery: the cash is given to a courier against receipt. This payment method is only possible if UPS is chosen as the delivery method.
4. The Customer may not combine various payment methods within one Purchase Order.
5. The Purchase Order shall be considered submitted defectively and the sales contract is not entered into whenever:
a. the Customer has chosen a dotpay.pl transaction as the payment method and the transaction has not been authorised (accepted);
b. the Customer has chosen bank transfer as the payment method and Esotiq’s account is not credited within 7 days of Purchase Order placement;
c. the Customer has chosen the Cash on Delivery option and failed to pay the courier on delivery;
d. the Customer has given false phone and address details, which made it impossible to properly perform the service.
VIII. ORDER PROCESSING TIME AND DELIVERY
1. Any accepted Purchase Orders are delivered to the Customer by the UPS courier service or by the post office operator InPost S.A.
2. For all Goods, in accordance with a functionality of the Online Shop, the maximum time of Purchase Order processing by the Online Shop is specified, which applies days from Monday to Friday. The Purchase Order processing time differs depending on the selected payment method. The Purchase Order processing time shall run starting from:
a. the moment ESOTIQ receives the authorisation of the Customer’s payment in the DOTPAY system – for payments with a CREDIT CARD or an ELECTRONC TRANSFER;
at the moment the e-mail referred to in section V(4) of the Terms & Conditions is sent – for CASH ON DELIVERY;
c. at the moment the payment is recorded in ESOTIQ'S account – for ORDINARY TRANSFER.
3. The Online Shop’s Purchase Order processing time shall be increased by 1 day to account for delivery of the Goods.
4. All the Customers will be informed about the current status of the Purchase Order. Additionally, those who have a Customer Account will find the information about the Purchase Order in the tab MY ACCOUNT – Your orders on www.esotiq.com..
5. The default delivery address is the address specified by the Customer during the registration in the shop.
6. While submitting a Purchase Order, the Customer has the right to specify one of the Esotiq points of sale in Poland for pick-up of the Goods but only if they did not choose cash on delivery as the method of paying for the Goods (pick-up in an Esotiq point of sale is only possible for the following payment methods: payment card, electronic transfer, ordinary transfer). In the case of pick-up in an ESOTIQ point of sale, the Customer will not have to pay for the delivery of the Goods to the point of sale but will have to get to the Esotiq point of sale on their own and at their own cost to pick up the Goods in person. The current list of ESOTIQ points of sale where Goods can be picked up is available on https://www.esotiq.com/salony. At Purchase Order placement (if the option of Goods delivery to an ESOTIQ point of sale is chosen), the Customer must choose the Esotiq point of sale where they wish to pick up the Goods and the system will not allow the Customer to submit a Purchase Order with delivery to a point of sale until the Customer chooses a specific point of sale as the place of delivery. Having chosen the point of sale where the Goods are to be delivered, the Customer will be unable to change the Goods delivery method or change the point of sale where the Goods are to be delivered unless they cover the additional costs of shipping to the Goods to another place. If the Customer has chosen pick-up of the Goods in a point of sale, the Customer shall – to confirm their identity – present to the sales assistant (or another person handing over the Goods) the Purchase Order number and specify the e-mail address used to make the purchase. The Customer confirms the pick-up of the Goods by signing the acknowledgement of receipt for the Goods or another document confirming the pick-up of the Goods. The sales assistant (or another person handing over the Goods) will not hand the Goods over to a person whose data are inconsistent with the data of the customer who placed the Purchase Order.
7. If the Customer receives the Goods in damaged packaging, it is recommended that they describe this fact while receiving the delivery from the courier and report it to an ESOTIQ employee through e-mail to: firstname.lastname@example.org. This clause of the Terms & Conditions does not apply to sale with pick-up in an Esotiq point of sale – in such an event the Customer shall check the Goods while receiving the Goods in the Esotiq point of sale, and the pick-up of the Goods by the Customer in the point of sale equals the Customer’s confirmation that the Goods were not damaged (they did not have any patent defects).
8. If any unexpected situations arise, Esotiq will inform the Customer about the issue and the resolution to the e-mail address provided in the Purchase Order.
1. Esotiq is responsible for any physical and legal defects of the Goods in line with applicable laws, including the Polish Civil Code Act of 23 April 1964 (Journal of Laws of 2014 item 121) and the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws of 24 June 2014 item 827).
2. In particular, Esotiq is responsible for any physical defects of the Goods existing – or arising for reasons attributable to the sold Goods – at the moment of risk passing to the Customer, the defects being that the Goods are inconsistent with the contract.
3. The Customer may use out-of-court methods of examining complaints and pursuing claims. If they wish to use an amicable method of resolving disputes regarding online shopping, a Consumer may make a complaint through the EU ODR online platform available on http://ec.europa.eu/consumers/odr/.
4. The Customer may submit complaints using the complaint form (click here)
5. In the case of Complaints, Esotiq recommends that the Goods be sent in the original packaging with the original proof of purchase and description of the complaint to:
ul. Bolesława Krzywoustego 12
81-035 Gdynia with the annotation “REKLAMACJA ESOTIQ” (ESOTIQ COMPLAINT).
6. Instead of sending the Goods covered by the complaint to the address specified in the preceding sentence, the Customer may choose the option of returning the Goods to any Esotiq point of sale in Poland. If this option is chosen, the Customer shall deliver the Goods covered by the Complaint to any ESOTIQ point of sale in Poland. It is recommended that the original proof of purchase and a description of the complaint be included.
7. ESOTIQ will analyse the complaint within 14 days of the receipt thereof.
8. If the complaint is recognised, the defective goods shall be, at the Consumer’s option, either repaired or replaced with other Goods of full value, and if this is impossible (for instance because there are no such Goods in stock) or if this entails excessive costs, then ESOTIQ shall – having consulted the Customer – give the Customer a full refund for the Goods or reduce the price, or, if the Customer agrees, offer the Customer other Goods available in the ESOTIQ Shop.
9. If the sale is made to a Customer under a transaction not consistent with the definition of sale to a consumer within the meaning of the legal acts defined in section IX(1), the complaint is analysed in accordance with the applicable Polish Civil Code provisions. In such an event, specific provisions regarding consumer protection shall not apply.
10. Please e-mail any questions and notices regarding complaints to email@example.com.
11. Please e-mail any complaints regarding electronically supplied services (e.g. account registration problems) to firstname.lastname@example.org.
X. CONTRACT RESCISSION
1. Pursuant to Article 27 of the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws of 24 June 2014 item 827), a Customer who is a consumer entering into a distance contract has the right to rescind the contract without cause within 14 days of receiving the goods and promptly return the purchased Goods in an unchanged condition. The rescission notice shall be sent to Esotiq to email@example.com.
2. A Customer who wishes to rescind the contract has the right to use the following (CLICK)
contract rescission notice form.
3. If the Customer rescinds the contract, they do not bear any costs, except or the costs of sending the Goods back to the Online Shop and except for the costs of delivering the Goods to an Esotiq point of sale (if the option of making the return to an Esotiq point of sale is chosen).
4. The Customer shall promptly, no later than 14 days following the contract rescission, send back the Goods, preferably together with a copy of the rescission notice, to:
ul. Bolesława Krzywoustego 12
81-035 Gdynia, with the annotation “ZWROT ESOTIQ” (ESOTIQ RETURN).
By the above deadline, the Customer may deliver the Goods to any ESOTIQ point of sale in Poland, along with their contract rescission notice, specifying the online Purchase Order reference number and the e-mail address from the which the Purchase Order was placed in the checkout process. If the Customer does not have their own contract rescission form, the point of sale staff will provide them with a contract rescission form free of charge, to be filled out by the Customer in the presence of the sales assistant.
5. If the 14-day time limit for contract rescission is not observed, it the contract rescission will not be recognised.
6. The refund, provided that the price has been paid, will be made in the manner as described in section XI of the Terms & Conditions (“Refunds for customers”).
XI. REFUNDS FOR CUSTOMERS
1. ESOTIQ will make the refund promptly if:
a. the Purchase Order or a part thereof is cancelled (in this case, the whole or a part, as applicable, of the Purchase Order value shall be refunded), provided that it has been paid for in advance;
b. the product has been returned as a result of contract rescission;
c. a complaint has been recognised and the damaged product cannot be repaired or replaced with a new one and there are no further arrangements.
2. ESOTIQ shall make the refund using the same payment method as the Customer did to make the purchase, unless the Customer expressly agreed to another form of refund, which does not entail any costs for the Customer.
3. ESOTIQ shall make the refund promptly after the Customer accepts the adjusting invoice to be sent to the e-mail address used in the Purchase Order. The confirmation involves selecting the links sent in the e-mail. For Customers who are consumers, the refund will be provided in accordance with the time limits arising from applicable laws.
XII. PERSONAL DATA
1. By placing a Purchase Order in the Online Shop (at the moment of accepting these Terms & Conditions), the Customer agrees to have their personal data included in the ESOTIQ customer database and to the processing of such data for the purpose of contract performance. The Customer gives their personal data on a voluntary basis but if they do not agree to the processing thereof, the Purchase Order cannot be performed.
2. ESOTIQ Customers and the other users of the www.esotiq.com website may agree, on a voluntary basis, to receive commercial information within the meaning of the Polish Act on Electronic Supply of Services of 18 July 2002 (Journal of Laws of 2002 No. 144 item 1204 as amended) from ESOTIQ Shop.
3. The personal data obtained through the www.esotiq.com website are protected under the Polish Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws No. 101 item 926 as amended) in a manner preventing any unauthorised access. ESOTIQ & HENDERSON S.A. with its registered office in Gdańsk, ul Szybowcowa 8A, 80-298 Gdańsk is the data controller of the personal data. The Customers have the right to access, correct and delete their personal data. The data will be used for the purpose as specified in the consent given by the Customer, i.e. for the purpose of Purchase Order processing, and if consent is given to receive commercial information – for the purpose of sending such information.
4. If the Customer chooses payment through the DOTPAY system, their personal data are transmitted to the extent necessary to process the payment to: Dotpay S.A. with its registered office in Kraków, ul. Wielicka 72, entered in the National Court Register kept by the District Court for Kraków-Śródmieście in Cracow, 13th Commercial Division of the National Court Register, at KRS No.: 0000296790, NIP No.: 6342661860, REGON No.: 240770255, share capital: PLN 4,000,000.00 (fully covered).
1. The sales contract is entered into between the Customer and Esotiq in Polish, and it is governed by the laws of Poland. Material provisions of the contract are recorded, secured and provided through the transmission of the Purchase Order acceptance to the Customer in the form of an e-mail and in the VAT invoice sent together with the Goods, which invoice shall include all the elements required under tax regulations, including the details of the seller and the buyer, the Goods, the price, the quantity of the Goods purchased. The acceptance of these Terms & Conditions by a Customer who is a consumer is tantamount to submission of a request to issue an invoice documenting the sale.
2. To be able to use the services of the Shop, the Customer must, on their own, gain access to the Internet and to the hardware and software required to display websites.
3. These Terms & Conditions shall not limit the rights granted to consumers under the legislation applicable in Poland.
4. All the rights to the pictures and videos posted on www.esotiq.com are held by ESOTIQ. They must not be used in any field of use.
5. The Terms & Conditions shall be effective as of 25 October 2017.